Statutory Declarations and Notaries in Australia

A statutory declaration needs the form and execution method accepted under its governing scheme. For Australian use, that often means an approved witness or the Commonwealth myGov option—not necessarily a notary. For overseas use, ask the recipient whether it requires notarisation, DFAT legalisation or a different document before signing.

Key takeaways

• Use the right scheme and procedure. Commonwealth declarations can be witnessed in person or remotely, or made digitally through myGov without a witness.
• Overseas use does not automatically require a notary, apostille or authentication. Obtain the receiving authority's written instructions.
• DFAT cannot legalise a document certified only by a Justice of the Peace. If legalisation is required, ask about an eligible original or notarial route.
• Many foreign authorities want an affidavit or their own form rather than an Australian statutory declaration. Ask in writing first.
• The declarant remains responsible for the statement. The witness or notary performs the duties required by the applicable form and act.

What is a statutory declaration?

A statutory declaration, or stat dec, is a formal statement made under legislation. Depending on the scheme, it may be signed before an approved witness or completed through an approved digital process. Government agencies, businesses and individuals can request one for lawful purposes.

Is a stat dec a legal document? Yes. It is made under legislation, and intentionally making a false declaration can be a criminal offence. A notarial certificate does not automatically prove the truth of every statement. Read the certificate according to the act performed and evidence described.

Australia has a Commonwealth scheme and separate arrangements across the states and territories. The Attorney-General's Department publishes the current Commonwealth options and explains that other declarations differ. Ask the requesting body which scheme it accepts, then use its current official instructions. See also who can witness a statutory declaration.

How do you make a statutory declaration?

1. Get the right form. Ask the body requesting it which form it accepts: Commonwealth, a particular state's, or its own. The form usually names the Act it is made under.
2. Write it. Plain, numbered statements of fact that you know personally. Attach and label any documents you refer to as annexures.
3. Choose the approved execution method. If using a witness, do not sign until the approved in-person or video session. The Commonwealth myGov route uses Digital ID without a witness.
4. Complete every required field. Follow the scheme's identification, witness, electronic-signature and annexure instructions rather than assuming one method applies nationwide.

In Queensland, a Commissioner for Declarations can perform functions permitted by Queensland law. A Commonwealth declaration can be witnessed in person or remotely, or made digitally through myGov with Digital ID and no witness; each option has equal legal weight under the federal scheme. See online statutory declarations.

When might a statutory declaration need a notary?

• The receiving authority expressly requires a notarial act.
• DFAT legalisation of the private document is required. An appropriate Australian notarial act generally comes first.
• The foreign form says "before a notary public" or includes a notarial block.
• A foreign embassy in Australia asks for a notarised declaration for its own process, such as a civil registration.

The notary must determine the appropriate act and certificate; it may involve witnessing, an oath or affirmation, an acknowledgment or another notarial statement. If DFAT legalisation is also required, the recipient should specify apostille or authentication and any further consular step. Check the HCCH status table, but use DFAT's current guidance and the recipient's instructions to choose the route. Our legal declarations and apostille and authentication pages describe the stages.

How do you confirm that a statutory declaration is wanted?

An Australian statutory declaration is made under an Australian Act, and a foreign authority may have no idea what it is. Some foreign authorities want something else instead:

• An affidavit, sworn or affirmed before a notary. Affidavits are familiar to courts and registries in many countries.
• Their own form, to be signed before a notary.
• A notarial certificate recording facts the notary can verify directly, such as a company officer's identity or authority.

Ask the receiver for its form or exact wording, in writing, before the appointment. Paying for a notarised declaration that turns out to be the wrong kind of document is the expensive outcome. See statutory declaration vs affidavit for how the two differ.

How should you write a declaration for overseas use?

A declaration read by a foreign official, often through a translator, needs to be clearer than one read by an Australian bank. A few habits prevent most queries:

• Use your full name exactly as it appears in your passport, and give any other names you have used.
• Write dates with the month in words, such as 4 March 2019, because day and month order differs between countries.
• Avoid Australian abbreviations such as "stat dec", "Medicare" or "TFN" unless you explain them.
• State each fact once, in its own numbered paragraph, and say how you know it.
• Refer to each annexure by its label, so a translator can match them.

If the declaration will be translated after it is notarised, keep the sentences short. Every extra clause is something the translator must render and the receiver must interpret.

How should you handle a US form?

United States forms may contain an acknowledgment, jurat or other wording drafted for a US notary. Do not substitute an Australian statutory declaration without the recipient's approval. Send the complete form to the Australian notary and ask the US receiving authority whether it accepts an adapted block or attached certificate. Some government forms specify their own eligible witnesses, so follow the current form instructions. See our guide to the DS-3053 consent form for one document-specific example.

Can a statutory declaration prove an address?

Some Australian bodies accept a statutory declaration as proof of address when you do not have a utility bill or lease in your name. Whether a particular bank, agency or landlord accepts one, and on which form, is their decision alone. Ask them first. For an Australian receiver, a JP-witnessed declaration is what they expect; having it notarised does not make it more acceptable.

If a foreign bank or authority wants proof of your Australian address, ask whether it will accept a notarised declaration, a notarised copy of a bill or statement, or something else. That is where a notary becomes relevant.

What should you bring to a notary appointment?

Bring	Why
The complete declaration and recipient instructions	The notary must identify the requested act and whether it must remain unsigned
Current photo identification, usually a passport	The notary records who made the declaration
Every annexure	The notary will usually initial or certify each one
An independent interpreter, if needed	The notary must be satisfied you understand what you are declaring
The destination and receiver's written instructions	So the certificate and any later stage match the stated requirements

You must make the declaration yourself. Nobody can sign a statutory declaration on your behalf, even with a power of attorney. If the declaration is in a language you do not read, a translation may be needed as well; our NAATI translation with notary page explains how the two fit together.

Can a statutory declaration be made online or by video?

A Commonwealth statutory declaration can be witnessed remotely under the permanent federal procedure, or made through myGov with Digital ID and no witness. State and territory declarations follow their own rules. Use the exact procedure for the selected scheme and confirm any cross-border requirements.

Permission to witness a statutory declaration remotely does not automatically permit every notarial act by video. The notary must confirm whether the particular act is legally and professionally available in the relevant jurisdiction, and the receiving authority must accept the result. Ask both before booking.

How much does a statutory declaration cost?

A Justice of the Peace cannot charge to witness a Commonwealth statutory declaration, while the federal Act does not prohibit other approved witnesses from charging. The approved myGov route has no witness. A notary charges a professional fee based on the act, complexity, signers, certificates and copies; travel, urgency and interpreters may add cost.

DFAT legalisation, consular processing, translation and courier charges are separate and are not automatically required. Ask for a written quote and confirm the recipient's route before paying for later stages. See how much a statutory declaration costs.

What does a practical example look like?

A man in Darwin needs to confirm to a registry in his home country that he has never married, so that he can marry there. He first makes a Commonwealth declaration before a JP, then learns the registry will not accept it. He asks the registry in writing, and it sends a single-status affidavit on its own form, to be sworn before a notary and apostilled. He takes that form, unsigned, with his passport to a notary, swears it, and lodges it with DFAT. The JP declaration cost nothing, but the wasted weeks did.

What is the practical conclusion?

Start with the declaration scheme and receiving authority's written requirements. For Australian use, choose an approved witness or digital route. For overseas use, do not assume a notary or DFAT is mandatory; confirm the document, act, certificate and any legalisation steps before signing.

Related questions

• How do I get a statutory declaration notarised?
• Who can witness a statutory declaration?
• Should I make a statutory declaration or an affidavit?
• How much does a statutory declaration cost?
• Can I make a statutory declaration online?

Send us the declaration requirements, including the scheme or form, receiving authority and country, signer location, annexures, required signing method and deadline.