Commonwealth of Australia Statutory Declaration: Understanding the Statutory Declarations Act 1959

Introduction

In Australia, statutory declarations play a crucial role in legal, administrative, and governmental processes. A Commonwealth of Australia Statutory Declaration is a legally binding written statement that allows individuals to declare facts as true, similar to an affidavit but without the need for a court setting. These declarations are regulated under the Statutory Declarations Act 1959, which outlines the legal requirements, execution, and penalties associated with false statements.

This article explores the purpose, legal framework, execution process, and implications of making a statutory declaration under Australian law.

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1. What Is a Statutory Declaration?

A statutory declaration is a formal statement of fact made in writing and signed in the presence of an authorised witness. It is commonly used to provide evidence for government agencies, financial institutions, and legal matters where an affidavit is not required.

Common Uses of a Statutory Declaration

Statutory declarations in Australia are widely used for:

• Confirming identity or personal details for government applications.
• Declaring financial support in student visa or sponsorship applications.
• Verifying lost documents such as birth certificates or passports.
• Making statements in insurance claims.
• Providing evidence in family law matters.
• Attesting to character references for employment or immigration purposes.

Unlike affidavits, which are used in court proceedings, statutory declarations are not sworn under oath but carry legal consequences for false statements.

2. Legal Framework: Statutory Declarations Act 1959

The Statutory Declarations Act 1959 (Cth) is the primary legislation governing statutory declarations at the Commonwealth level in Australia. It sets out the requirements, format, and penalties for making a valid statutory declaration.

Key Provisions of the Act

1. Section 5: Form of the Declaration

   • The statutory declaration must be in writing and include the declarant’s name, address, and occupation.
   • The statement must be made in the presence of an authorised witness.

2. Section 6: Who Can Witness a Statutory Declaration?

   • The Act provides a list of authorised witnesses, including:
     • Justices of the Peace (JPs)
     • Legal practitioners
     • Police officers
     • Public servants with five or more years of continuous service
     • Accountants, teachers, and medical professionals

3. Section 9: Legal Consequences of False Declarations

   • Any person who intentionally makes a false statement in a statutory declaration commits an offence.
   • Penalty: Up to four years' imprisonment under Section 11.

3. How to Make a Statutory Declaration

Step-by-Step Process

1. Prepare the Declaration

   • Use the Commonwealth statutory declaration form or a legally formatted document.
   • Include personal details (name, address, occupation).
   • Clearly state the facts in numbered paragraphs.

2. Sign in the Presence of an Authorised Witness

   • The declarant must sign the document in front of an authorised witness.
   • The witness must confirm their qualification (e.g., Justice of the Peace, solicitor, doctor).

3. Declare Understanding of Legal Consequences

   • The declarant must acknowledge the legal penalties of making a false statement.
   • The document must include the date and place of signing.

4. Submit to the Relevant Authority

   • Statutory declarations are submitted to government agencies, courts, banks, or other requesting institutions.

4. Electronic Statutory Declarations & Remote Witnessing

With advancements in digital documentation, Australia has introduced electronic signing and remote witnessing for statutory declarations in certain circumstances.

Can a Statutory Declaration Be Made Online?

Yes, under recent reforms, electronic statutory declarations are permitted in some jurisdictions, provided:

• The declarant signs electronically in the presence of a witness (via video link if necessary).
• The witness verifies the signature and electronically countersigns the document.
• The declaration follows the prescribed format under Commonwealth or state legislation.

State laws may differ on electronic witnessing, so it is important to check specific requirements before proceeding.

5. Legal Consequences of False Statutory Declarations

Criminal Penalties

A false statutory declaration is treated as a serious criminal offence in Australia.

• Under Section 11 of the Statutory Declarations Act 1959, making a false statement knowingly or recklessly carries a maximum penalty of four years' imprisonment.
• Additionally, false declarations can result in:
  • Visa cancellations (for migration-related declarations).
  • Employment termination (if used for job applications).
  • Fines and legal action in civil matters.

How to Avoid Legal Issues

To ensure compliance, always provide truthful, accurate, and verifiable information when making a statutory declaration. If uncertain, seek legal advice before signing.

Conclusion

The Commonwealth of Australia Statutory Declaration, governed by the Statutory Declarations Act 1959, is a powerful legal tool for making formal statements outside of court proceedings. It is widely used in government, financial, and legal processes, requiring strict compliance with formatting, witnessing, and legal accuracy.

By understanding the legal requirements, witnessing rules, and penalties for false declarations, individuals can ensure their statutory declarations are valid and legally enforceable.

If in doubt, consulting a legal professional or an authorised witness before making a statutory declaration is always a prudent step.