Online Statutory Declarations in Australia: How It Works

Whether you can make a statutory declaration online — by video, by electronic signature, or through a government platform with no witness at all — depends almost entirely on one thing: which scheme the declaration is made under.

Australia has a Commonwealth statutory declaration scheme and a separate scheme in each state and territory. Each has its own rules on remote witnessing and electronic signing, and those rules changed repeatedly after 2020. So "can I do a stat dec online?" has no single answer. It has a two-step one: identify the scheme, then check that scheme's current rules.

For remote notarial appointments in general, see Online Notarisation in Australia.

Step 1: which scheme is your declaration under?

The scheme follows the body that asked for the declaration, not where you live.

• A federal agency — Home Affairs, the ATO, Services Australia — normally wants a Commonwealth declaration.
• A state or territory body, or a matter governed by state law, normally wants that state or territory's declaration.
• A private body such as a bank or insurer will usually specify which form it accepts.

The form usually names the Act it is made under. If you have no form, ask the requesting body. The detail is covered in Statutory Declarations in Australia: Who Can Witness One.

Step 2: what that scheme allows online

Commonwealth declarations. The Commonwealth has introduced options beyond the traditional wet-ink signature in front of a witness. As we understand them, these include signing electronically with the witness attending by video link, and, for some declarants, making the declaration through an approved online platform where identity is verified digitally instead of by a witness. The conditions — including who may use the platform and what the witness must record — are set out in the Attorney-General's Department's current guidance. Read that before relying on any of these routes.

State and territory declarations. Each jurisdiction sets its own position. Some have allowed witnessing by audio-visual link, subject to conditions; some have allowed it only temporarily; and conditions differ on matters such as how the witness confirms your identity and what must be written on the form. Do not assume that because the Commonwealth allows something, your state does, or the reverse. Check the current guidance of the jurisdiction whose form you are using.

Whatever the scheme permits, the receiving body can still decide what it will accept. If you plan to use an electronic or video-witnessed declaration, confirm with the body asking for it first.

Where video witnessing is allowed: getting it right

Where your scheme permits witnessing by video, errors tend to be procedural:

• The witness must see you sign, live. A declaration signed before the call has to be redone.
• The witness must be able to identify you. Have photo identification ready to show to the camera, and expect to be asked to remove anything covering your face.
• The witness must still be on your scheme's list. Video does not widen who can witness; it only changes how they attend.
• Follow the scheme's method for getting the witness's signature onto the same document — whether an electronic document both of you sign, or a paper copy sent to the witness afterwards. The method matters, and it differs.
• Annexures are awkward remotely. If your declaration refers to attached documents that the witness must identify or endorse, check how your scheme expects that to work by video before you start.

If the declaration is going overseas

This is where online declarations most often go wrong. A foreign authority cannot verify an Australian JP's or pharmacist's signature, which is why declarations for overseas use are usually witnessed by a notary, whose signature and seal DFAT can authenticate.

Two consequences follow for online routes:

• A declaration made through an online platform with no witness has no witness's signature or notary's seal on it. As far as we are aware there is nothing for DFAT to authenticate, so it is unlikely to be usable abroad. It is designed for Australian government use.
• A declaration witnessed by a notary over video raises the usual remote questions: whether DFAT can authenticate the notarisation in that form, and whether the foreign authority will accept a remotely executed act. The receiving authority decides, not Australian law.

Before any of that, ask whether the foreign authority wants a statutory declaration at all. Many legal systems have no equivalent and want a sworn affidavit instead — see Statutory Declaration vs Affidavit.

You may not need a notary

For a declaration staying in Australia, a notary is usually unnecessary: a Justice of the Peace or another authorised witness on your scheme's list can witness it, often at no cost, and some may do so by video where the scheme allows. A notary becomes the right witness when the declaration is going overseas, or when the receiving body has named one.

Frequently asked questions

Can I make a Commonwealth statutory declaration without a witness? For some people and some purposes, the Commonwealth has provided an online platform route that uses digital identity instead of a witness. Check the current Attorney-General's Department guidance to see whether it applies to you, and confirm the receiving agency accepts it.

Can my state declaration be witnessed on Zoom? It depends on your state's current rules, which differ and have changed. Check the state's own guidance.

Is an electronically signed declaration less valid? Not if it was made the way its scheme permits. Acceptance by the receiving body is a separate question.

Does the witness check that what I say is true? No, whether in person or online. The truth of the contents is your responsibility, and a false declaration is an offence.