Affidavit of Loss for a Lost Passport or Certificate

An affidavit of loss is a sworn statement explaining how a passport, certificate or other document was lost. Foreign passport offices, registries and banks often ask for one before they issue a replacement. For Australian bodies, a statutory declaration usually does the job. For an overseas body, you normally swear the affidavit before a notary, and may need an apostille.

Key takeaways

• An affidavit of loss sets out what was lost, when, where and how, and that you have searched for it.
• A lost Australian passport is reported to the Australian Passport Office; an affidavit is not usually part of that.
• For an Australian body, a statutory declaration is usually what is asked for.
• For an overseas body, swear the affidavit before a notary, and ask whether it needs an apostille.
• Report thefts to police and keep the report number; the affidavit should match the report.
• The notary does not check your account of the loss; you are responsible for its truth.

What is an affidavit of loss?

An affidavit of loss is a written statement, sworn or affirmed before an authorised person, in which you explain that a particular document has been lost, stolen or destroyed. It usually identifies the document by number and date, says when and where you last had it, describes how it was lost, records the steps you took to find it and any police report, and confirms that you have not transferred it to anyone. Some versions also include an undertaking to return the original if it turns up, or an indemnity against misuse.

The organisation that issued the original document asks for the affidavit because it is about to issue a replacement. A sworn statement gives it a formal record, and a basis for action if the statement turns out to be false. That is why the wording matters and why many organisations supply their own form.

Affidavit or statutory declaration?

In Australia, the everyday equivalent of an affidavit of loss is a statutory declaration. Australian agencies, banks, universities and companies usually ask for a Commonwealth or state statutory declaration, which can be witnessed by any authorised witness on the relevant list, including a Justice of the Peace. The Attorney-General's Department explains how Commonwealth declarations work and who can witness them.

An affidavit is the sworn form used in courts and by many overseas authorities. If a foreign passport office, registry, bank or company asks for an affidavit, a statutory declaration witnessed by a JP is unlikely to satisfy it, because the foreign body will not recognise the JP's authority. Swear the affidavit before a notary instead. Our guide to a statutory declaration versus an affidavit explains the difference in detail.

Lost document	Who issues the replacement	What is usually asked for
Australian passport	Australian Passport Office	A lost or stolen passport report, then a new application
Foreign passport	That country's embassy or passport office	Police report and often an affidavit or declaration of loss
Australian degree or certificate	The university or issuer	Usually a statutory declaration and a fee
Foreign degree or certificate	The overseas institution	Often an affidavit, sometimes notarised and apostilled
Share certificate or title document	The company, registry or share registry	A declaration or affidavit, often with an indemnity
Foreign bank or deposit document	The overseas bank	The bank's own affidavit form, often notarised

Lost your Australian passport?

If you lose an Australian passport, report it to the Australian Passport Office as soon as you can. Once reported, the passport is cancelled and cannot be used, even if you find it later. You then apply for a new passport, and the application process covers the loss. You generally do not need to swear an affidavit of loss for this, and a notary is not part of the process. If you are overseas, Smartraveller explains how to get help from the nearest Australian embassy or consulate.

Lost a foreign passport in Australia?

If you hold another country's passport and lose it in Australia, report the loss to the police and keep the report number. Then contact that country's embassy, high commission or consulate, or its official service provider, and follow its instructions for a replacement. Many ask for a police report and a declaration or affidavit of loss in their own format. Some let you sign it before a consular officer; others ask for it to be sworn before a notary.

Use the mission's own form if it has one, and follow its signing instructions exactly. If it asks for a notary, bring the unsigned affidavit, your remaining identification and the police report to the appointment. Our guide to notarising an affidavit explains how the swearing works.

Lost a certificate, degree or share certificate?

For an Australian university or government certificate, the issuer usually has a replacement process with its own statutory declaration, and an authorised witness is normally enough. For a certificate issued overseas, such as a degree from an Indian or Philippine university, the institution may ask for an affidavit of loss sworn before a notary, and sometimes for the notarised affidavit to be apostilled or legalised for use in that country.

Share certificates and some property documents are more sensitive, because a lost certificate could in theory be used to transfer an asset. Companies and share registries often ask for a declaration of loss combined with an indemnity, sometimes backed by a bond or guarantee. Read the terms before signing, because an indemnity can make you liable if the old certificate is misused. If the amount involved is significant, ask a solicitor to look at the indemnity first.

What should an affidavit of loss say?

If the organisation provides a form, use it. If it does not, or it asks you to prepare your own, a clear affidavit of loss usually covers the points below. Write in plain language, keep it factual, and do not guess at details you are unsure of.

1. Who you are. Full name, date of birth, address and occupation, matching your identification.
2. What was lost. The document's type, number, date and place of issue, and who issued it.
3. When and where. When and where you last had it, and when you noticed it was missing.
4. How it happened. A short, honest account, such as theft from a car, loss while moving house, or damage in a flood.
5. What you did. The searches you made and any police report, with its number and date.
6. That you still do not have it. And that you have not sold, pledged or given it to anyone.
7. What you will do if it turns up. Usually an undertaking to return it to the issuer.

If the affidavit is for a court or a significant asset, or you are unsure how to word it, ask a solicitor to prepare it. The notary will witness your oath or affirmation; the notary does not draft the statement or check that your account is correct.

Does the affidavit need an apostille?

It depends on who will receive it. If the affidavit is lodged with a foreign embassy or consulate here in Australia, an apostille is often unnecessary, because the mission deals with Australian notaries directly; follow its instructions. If the affidavit will be sent to an authority, registry or bank in another country, it may need an apostille from DFAT, or authentication and embassy legalisation for a country outside the Hague Convention. Check the HCCH status table on the day and ask the receiving body before you lodge. Our guide to which documents can be apostilled explains the process.

Common mistakes to avoid

The most common mistake is using a statutory declaration witnessed by a JP for a foreign body that asked for an affidavit. The second is signing the affidavit at home; it must be sworn or affirmed in front of the notary. The third is an account that does not match the police report, such as a different date or place. Keep the details consistent, and if you are not sure of something, say so rather than guessing.

Another mistake is signing an indemnity without reading it. Declarations for lost share certificates or bank documents sometimes make you responsible for losses if the old document is misused. Read the terms, and get advice if the value is significant. Our guide to a lost notarised document covers what to do when the lost item was itself notarised.

Here is an illustration, not a real case.

Ravi's bag is stolen in Melbourne with his Sri Lankan passport inside. He reports the theft to police and gets a report number. The Sri Lankan mission's instructions ask for a police report and an affidavit of loss. Ravi fills in the affidavit, matching the date and place to the police report, leaves it unsigned, and swears it before a notary with his driver licence as identification. He lodges it with the mission, following its checklist, and applies for a replacement.

In short

An affidavit of loss is a sworn statement explaining how a document was lost, used when an issuer is about to replace it. Australian bodies usually accept a statutory declaration. Overseas bodies usually want an affidavit sworn before a notary, sometimes apostilled. Use the issuer's own form where there is one, match it to any police report, and sign it in front of the notary. Our legal declarations services page explains how sworn documents are handled.

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Need an affidavit of loss sworn for an overseas body? Send us the form and the issuer's instructions, and we will explain each step before you book.