How Much Does a Statutory Declaration Cost in Australia?

For a statutory declaration that will be used in Australia, the honest answer is usually nothing. The form is free to download, a Justice of the Peace will witness it without charge, and for many Commonwealth declarations you no longer need a witness at all.

You start paying when the declaration has to leave the country, when you want a lawyer to write it for you, or when it has to be done again because it was made on the wrong form. This page explains each of those, so you can tell which one applies to you before you pay anyone.

The free routes

A Justice of the Peace. JPs are unpaid volunteers, and witnessing statutory declarations is the bulk of what they do. Each state and territory keeps its own register of JPs and most publish a way to find one near you. Many councils, libraries, police stations and shopping centres host regular JP sessions, though what is available locally varies and should be checked before you go.

Another authorised witness. Every scheme lists occupations beyond JPs — commonly some health practitioners, legal practitioners and certain public officials. Many of them will witness a declaration as a courtesy. Some, lawyers especially, may charge, because for them it is professional time. Nothing obliges you to use a paid witness when a free one on the same list will do.

A digital Commonwealth declaration, with no witness at all. Since 1 January 2024, a Commonwealth statutory declaration can be made through myGov using a Digital ID of at least "standard" strength. There is no witness and no fee. The finished declaration carries a QR code that the receiver can scan to check it is genuine.

Two limits on that last route. It applies to Commonwealth declarations only, not state or territory ones. And it only helps if the body receiving the declaration accepts the digital version, so check before you rely on it.

Which scheme your declaration falls under, and who is on that scheme's witness list, is covered in our guide to who can witness a statutory declaration. Get that right first, because a declaration on the wrong form is the most common way a free process turns into a second attempt.

Where money actually comes into it

1. The declaration is going overseas

This is the point where a free witness stops being enough. A foreign authority cannot check whether your witness was on an Australian statutory list. It needs a signature and seal that can be authenticated, and in practice that means a notary public, followed by the Department of Foreign Affairs and Trade.

A JP's signature cannot be apostilled. If a declaration witnessed by a JP is sent abroad, the usual outcome is that it comes back and has to be made again before a notary.

The cost of an overseas declaration is built from separate parts, paid to different people:

• The notary's fee for witnessing your signature and preparing the notarial certificate.
• DFAT's fee for the apostille or authentication. DFAT sets this, not the notary, and publishes it.
• An embassy or consulate's fee, only where the destination is not a member of the Hague Apostille Convention and the document must also be legalised. Membership changes, so check the HCCH status table when you are acting.
• A translation, if the destination requires one.

When you ask a notary for a price, ask whether it covers only their own fee or the DFAT and embassy steps as well. Our page on how notarial fees are set covers the questions that get you a figure you can compare.

2. A foreign authority may not want a statutory declaration at all

Before paying for an overseas declaration, check that a statutory declaration is what the receiver wants. The Australian form is made under an Australian Act, and some foreign bodies expect an affidavit sworn before a notary, or a declaration on their own form instead. Ask the receiver for its form, or its exact wording, in writing. Paying twice because the first document was the wrong kind is the expensive outcome.

3. You want someone to write it for you

The witness does not draft your declaration and does not check what it says. Writing it is your job. For a simple matter — a change of address, a lost document, a relationship you are confirming — you can write it yourself, in plain factual sentences.

Where the declaration matters more, such as one supporting a legal claim, an insurance dispute or an immigration matter with a lot at stake, paying a lawyer to draft it can be worth the money. That is a legal fee for drafting, not a charge for witnessing, and it is the largest cost most people ever pay in connection with a declaration.

4. Annexures and copies

If your declaration attaches documents, the witness usually signs or initials each annexure. That is normally part of the same appointment. If the receiver also wants separately certified copies of supporting documents, those may be a separate act and, with a notary, a separate charge.

5. Doing it again

The cheapest declaration is one that is accepted first time. Before you make it:

• Confirm which form the receiver wants: Commonwealth or a particular state's.
• Leave it unsigned until you are in front of the witness.
• Check your witness is on that scheme's list, and that they fill in their own details in full.

A quick way to decide

Where the declaration is going	Who you need	Likely cost
A Commonwealth agency that accepts digital declarations	Nobody — myGov and a Digital ID	Nothing
Any Australian body	A JP or another authorised witness	Usually nothing
A foreign authority	A notary, then DFAT, possibly an embassy	Notary, DFAT and any embassy fees

Frequently asked questions

Why do some websites quote a price for a statutory declaration? Usually because they are notaries or law firms quoting for their own witnessing service. That can be the right choice for a document going overseas. For a declaration staying in Australia, you are paying for something available free.

Can a JP charge me? JPs act as unpaid volunteers. If someone offering to witness your declaration as a JP asks for payment, check their details on the relevant state or territory register.

Does the digital myGov declaration work for everything? No. It is for Commonwealth declarations only, and only where the receiver accepts it. It is not a substitute for a notary when the declaration is going overseas.

Is it cheaper to get a statutory declaration notarised "just in case"? No. A notary adds cost and nothing that an Australian receiver needs. Use a notary only when the document is going abroad or the receiver specifically asks for one.