One and the Same Person Declaration in Australia

A one and the same person declaration is a sworn statement that different names or spellings on your documents all refer to you. In Australia it is usually made as a statutory declaration, witnessed by an authorised person such as a JP. For overseas use, it is usually made before a notary and apostilled if asked.

Key takeaways

• The declaration explains and links name differences. It does not change your legal name or correct a registry record.
• For Australian bodies, a statutory declaration witnessed by an authorised person is usually enough. Use the form the body asks for.
• For overseas bodies, it is usually made before a notary, and may need a DFAT apostille or authentication.
• List every version of the name, the document it appears on and why it differs, and attach copies where asked.
• The receiving body decides whether to accept it. For a genuine error, a corrected record may be required instead.

When do you need one?

Names vary across documents for many ordinary reasons: a name romanised differently from another script, a spelling mistake on an old certificate, a middle name included on one document and left out on another, initials instead of full names, a married surname, a name written in a different order, or diacritics dropped from a passport. Each variation is harmless on its own, but a case officer, bank or registry comparing documents needs to be satisfied that they all belong to one person.

A one and the same person declaration is the usual way to give them that assurance, together with any documents that show the link. It is common in visa, citizenship and passport applications, property and inheritance matters, bank account openings, and applications to overseas bodies such as Indian authorities for passports or OCI cards. Our guide to mismatched names covers the problem more broadly.

What should the declaration say?

A clear declaration usually follows a simple structure. It states your current full name, as in your passport, and your date and place of birth. It then lists each other version of your name, the document on which it appears, and the reason for the difference. It ends with a statement that all those names refer to you, the declarant, and that you are one and the same person.

Be specific. "My name is spelled Mohamad Rahman in my Australian passport, Mohammed Rehman in my Pakistani school certificate issued in 2005, and M. Rahman in my bank statement" is far more useful than "my name is sometimes spelled differently". Where a receiving body asks, attach copies of each document as exhibits or annexures, marked as the form requires.

Which form should you use?

Use the form the receiving body asks for. Commonwealth agencies, such as Home Affairs, the Australian Passport Office and Services Australia, generally expect a Commonwealth statutory declaration, whose form and list of approved witnesses are published by the Attorney-General's Department on its statutory declarations page. State bodies, courts and registries may want a state statutory declaration or an affidavit instead. Some agencies also have their own specific forms for name matters, so check before writing your own.

For overseas bodies, the form depends on the destination. Many accept a declaration or affidavit made before an Australian notary, with a notarial certificate and, where asked, a DFAT apostille. Some provide their own template, often with particular wording that must be followed exactly. Our guide to the difference between a statutory declaration and an affidavit explains the two forms.

Receiving body	Usual form	Usual witness
Home Affairs, Passport Office, Services Australia	Commonwealth statutory declaration	Anyone on the Commonwealth approved list, such as a JP
State registries and agencies	State statutory declaration or their own form	An authorised witness under state rules
Australian banks	Their own form or a statutory declaration	As the bank specifies
Australian courts	Affidavit	An authorised affidavit taker
Overseas authorities	Declaration or affidavit before a notary	An Australian notary, then DFAT if asked
Foreign consulate in Australia	Its own template, where it has one	The consulate or a notary, as it specifies

Who can witness it?

For a Commonwealth statutory declaration, any person on the Commonwealth list of approved witnesses can witness it. The list is broad and includes Justices of the Peace, lawyers, many health professionals, police officers and others. JPs do not charge. The witness checks your identity and watches you sign, but does not check that what you say is true; that responsibility is yours, and making a false declaration is an offence.

For a declaration or affidavit going overseas, a notary is usually needed, because foreign bodies recognise a notary's act and DFAT can apostille or authenticate the notary's signature. A JP's signature cannot be apostilled. Our guides to who can witness a statutory declaration and notarising an affidavit explain the options.

What can the declaration not do?

A declaration explains; it does not change anything. It does not change your legal name, which in Australia is done through the registry of births, deaths and marriages or by other formal means. It does not correct an error in a foreign birth certificate or registry, which only the issuing authority can do. And it does not oblige the receiving body to accept the explanation.

Where the difference is a genuine error of fact, such as a wrong date of birth, some bodies will insist on a corrected record instead of a declaration. Where the difference is a name change, they may want the marriage certificate, change of name certificate or deed that made it. Treat the declaration as one part of the evidence, alongside the documents that show the link. Our guide to name change deeds covers formal changes.

Common uses for Indian documents

Name mismatches are particularly common with Indian documents, because names may be written with or without a surname, with initials, with a father's or husband's name, or spelled differently across a school certificate, passport and PAN card. Indian authorities often ask for a one and the same person affidavit, and some Indian missions and offices provide or expect particular wording. For an Indian passport, OCI card or property matter, check the current instructions from the Indian High Commission or consulate, and whether the affidavit must be notarised and apostilled. Our guide to OCI card documents covers one common case.

What supporting documents help?

A declaration is strongest when documents back it up. Useful supporting documents include your birth certificate, which shows the name you were given; a marriage certificate, which explains a change of surname; a change of name certificate or deed; old and new passports, which may show the same passport history under different spellings; and official documents from the other country that show the romanisation used there. Each document is a link in the chain.

Where there is no document for a particular link, for example because a school record simply misspelled your name, say so plainly in the declaration and explain the error. A receiving body is more likely to accept an honest, specific explanation than a vague one. If a relative, such as a parent, can confirm facts about your name at birth, a declaration from them may also help.

How do you prepare the declaration?

1. Collect every document showing your name, and list each version, where it appears and why it differs.
2. Check which form the receiving body wants, and whether it provides a template.
3. Draft the declaration with your passport name first, then each variation, then the closing statement.
4. Prepare copies as exhibits, if the body asks for them, marked as the form requires.
5. Sign before the right witness: a JP or approved witness for Australia, a notary for overseas.

What does this look like in practice?

Here is an illustration, not a real case. Priyanka's Australian passport shows Priyanka Sharma, her Indian school certificate shows Priyanka Kumari, and her marriage certificate shows Priyanka Sharma Verma. She needs to explain this both to Home Affairs and to an Indian office handling her late father's property.

For Home Affairs, she makes a Commonwealth statutory declaration listing each version, the document and the reason, witnessed free by a JP. For the Indian office, she uses the wording its instructions give, signs the affidavit before an Australian notary with copies of each document attached, and sends it to DFAT for an apostille before posting it to India.

In short

A one and the same person declaration links different versions of your name to you, listing each version, where it appears and why it differs. For Australian bodies, use the form they ask for, usually a Commonwealth statutory declaration witnessed by a JP or other approved witness. For overseas bodies, make it before a notary, with a DFAT apostille if asked. It explains differences but does not change your name or correct a record.

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