Online Statutory Declarations in Australia: How It Works

Yes, for a Commonwealth statutory declaration. The Attorney-General's Department recognises three equally valid ways: an approved witness in person, an approved witness by video link, or myGov with your Digital Identity and no witness. State declarations follow their own rules. None of these is designed for use overseas.

Key takeaways

• First work out the scheme: Commonwealth, or a particular state or territory. The form usually names it.
• A Commonwealth declaration can be made in person, by video with an approved witness, or through myGov with no witness.
• The ACT and the smaller external territories use the Commonwealth rules.
• Each state has its own rules on video witnessing. Do not assume they match the Commonwealth's.
• An Australian statutory declaration is for use in Australia. A foreign authority usually wants a notarised affidavit or declaration instead.
• For Australian use, you rarely need a notary. A JP or another approved witness is usually enough.

Which scheme is your declaration under?

Australia has a Commonwealth statutory declaration scheme and a separate scheme in each state. Each has its own rules on remote witnessing and electronic signing. So "can I do a stat dec online?" has no single answer. Identify the scheme first, then check that scheme's current rules.

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

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

The form usually names the Act it is made under. If a state's name is printed at the top, it may not be a Commonwealth declaration. If you have no form, ask the requesting body. Our page on who can witness a statutory declaration covers the witness lists.

What does the Commonwealth allow online?

When we checked the Attorney-General's Department page on 29 September 2026, it listed three ways to make a Commonwealth statutory declaration. It said each creates an equally valid declaration.

1. In person. You sign the approved form in front of an approved witness.
2. By video link. An approved witness observes you remotely, over a video call such as Zoom, Teams, Skype or FaceTime.
3. Through myGov. You create a digital declaration using your Digital Identity. No witness is needed, because the Digital Identity verifies who you are.

The department's guidance adds two limits worth knowing. A digital declaration through myGov can only be made in English. If you need to write it in another language, use the witnessed form, and first ask the requesting body whether it accepts that. The guidance also says the ACT and the smaller external territories follow the Commonwealth requirements.

What do you need for the myGov route?

You need a myGov account and a Digital Identity that meets the level the service asks for. The Digital Identity does the job a witness would otherwise do: it confirms who you are. You then complete the declaration on screen and receive a copy to send to the body that asked for it.

The myGov route suits simple, English-language declarations for Australian bodies. It is less suited to a declaration with many attachments, or one the receiver wants on its own printed form. If the requesting body has given you a specific form, ask whether it will accept a digital declaration instead. Some private bodies may still expect the witnessed paper form.

Keep the copy you receive. The department says it does not accept, process or store completed declarations, so it cannot send you another one.

What about declarations for Home Affairs?

Visa applicants are often asked for statutory declarations, for example from friends supporting a partner visa. Those are Commonwealth declarations. The Attorney-General's Department points visa questions to the Department of Home Affairs, which decides what it needs for each visa. Check the Home Affairs immigration site for the specific form or wording.

A declaration from a supporter overseas is a different matter. A Commonwealth declaration can be made overseas in some circumstances, and the department publishes separate guidance on that. Follow Home Affairs' instructions for your visa rather than guessing.

What do the states allow?

Each state and territory sets its own position. Some have allowed witnessing by audio-visual link, subject to conditions. Some allowed it only temporarily after 2020. The conditions differ, for example on 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 state whose form you are using. The department itself says it can give information only about Commonwealth declarations, and points state questions to each state's justice department.

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

How do you get a video-witnessed declaration right?

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

• The witness must see you sign, live. A declaration signed before the call has to be done again.
• The witness must identify you. Have original photo identification ready to show to the camera.
• The witness must be on the 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. The method differs between schemes.
• Annexures are awkward remotely. If the witness must identify attached documents, check how the scheme expects that to work by video.

Mistakes are harder to fix later. Under the Commonwealth guidance, changes after the witness signs must be made in front of the same witness, with both of you initialling each change. With many changes, a fresh declaration is simpler.

Can you use an online declaration overseas?

Usually not, and this is where online declarations most often go wrong. An Australian statutory declaration is made under Australian law for Australian use. DFAT's notarial services guidance notes that Australian statutory declarations are for use only in Australia. It says consular officials abroad will not witness one for use in a foreign country.

Two further problems follow for online routes:

• A myGov declaration has no witness's signature or notary's seal on it. There is nothing for DFAT to authenticate with an apostille. It is designed for Australian government use.
• A notarial act done by video raises the usual remote questions. Can DFAT authenticate the notarisation in that form? Will the foreign authority accept a remote act? The receiving authority decides, not Australian law.

For a foreign authority, the usual document is a notarised affidavit or declaration in the form that authority wants. A notary administers the oath or affirmation and witnesses your signature. DFAT can then authenticate the notary's signature. See statutory declaration vs affidavit and our legal declarations page.

Route	For use in Australia	For use overseas
Commonwealth, witness in person	Yes	Not designed for it
Commonwealth, witness by video	Yes	Not designed for it
Commonwealth, through myGov	Yes, in English	No; nothing to authenticate
State declaration, by video	Where that state allows it	Not designed for it
Notarised affidavit or declaration	Rarely needed	Yes, then DFAT

Do you need a notary at all?

For a declaration staying in Australia, usually not. A Justice of the Peace or another approved witness can witness it, often at no cost. Some will do so by video where the scheme allows. For a Commonwealth declaration, myGov needs no witness at all.

A notary becomes the right witness when the document is going overseas, or when the receiving body has named one. Paying a notary for a declaration a free witness could handle helps no one. Our page on statutory declarations and notaries explains when a notary is the right choice.

Does the witness check that your statement is true?

No, whether in person or online. The witness confirms who you are and that you made the declaration. The truth of the contents is your responsibility. Making a false statement on purpose is a criminal offence. A notary witnessing an affidavit is in the same position: the notary witnesses your oath, not the facts.

A Commonwealth declaration does not expire. It stays valid while the facts in it are true. Some requesting bodies set their own time limits, so ask whether an older declaration will do.

Here is an illustration, not a real case

A man in Canberra needs two declarations. The first is for Services Australia, about his living arrangements. He makes it through myGov in English, with no witness. The second is for a court in Poland, about his late father's estate. The Polish lawyer explains that an Australian stat dec will not do there. He signs an affidavit in the lawyer's form before a notary, and DFAT adds an apostille.

In short

Identify the scheme first. A Commonwealth declaration can be made in person, by video with an approved witness, or through myGov with no witness. States follow their own rules. None of these is for use abroad. A foreign authority usually wants a notarised affidavit, then a DFAT certificate. The receiving body always has the last word.

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Not sure whether you need a stat dec or an affidavit? Send us the request you received, and we will explain each step before you book.