Statutory Declarations in Australia: Who Can Witness One, and Why It Depends on the State

"Who can witness my statutory declaration?" sounds like it should have a one-line answer. It does not, because Australia has nine sets of statutory declaration rules: one Commonwealth scheme and one for each state and territory. Each has its own list of authorised witnesses, its own form of words, and its own history of amendment.

The good news is that you rarely need to understand all nine. You need to answer two questions in order — which scheme is my declaration made under, and what does that scheme's current list say — and the first is usually answered by the form in front of you.

Question 1: which scheme is your declaration made under?

This is decided by who asked for the declaration, not by where you live.

• A federal body — the Department of Home Affairs, the ATO, Services Australia and other Commonwealth agencies — normally wants a Commonwealth statutory declaration, made under the Commonwealth Statutory Declarations Act 1959.
• A state or territory body, or a matter governed by state law — land titles, state revenue, state licensing, many local registries — normally wants that state or territory's declaration.
• A private body such as a bank, insurer or employer will usually say which form it wants. If it does not, ask. Do not guess.

The form usually tells you. Look at the heading and the fine print for the name of the Act it is made under. If you have been told to "provide a statutory declaration" with no form attached, ask the requesting body which version it accepts. Using a state form for a federal agency, or the other way round, is one of the most common reasons a declaration comes back.

Note that the scheme follows the declaration, not the declarant. A Queenslander making a declaration for a Victorian authority may well need the Victorian form — and then the Victorian witness list applies.

Question 2: what does that scheme's current list say?

Once you know the scheme, find its list of authorised witnesses from the government that runs it:

• For Commonwealth declarations, the Attorney-General's Department publishes the current categories, which are set by regulation.
• For each state and territory, the justice department or attorney-general's department publishes guidance, and the list itself sits in that jurisdiction's legislation.
• Many printed forms carry the list, or a summary of it, on the reverse.

Use a government source and check it is current. These lists are amended from time to time, sometimes substantially — Victoria, for example, replaced its old statutory declaration regime with a new one in 2019. A list copied onto a commercial website, including a law firm's, may predate the latest change.

What the lists have in common, and where they part company

Every list we are aware of is built on the same core: Justices of the Peace, legal practitioners, and notaries public. Beyond that core, most lists add a range of occupations and office-holders — commonly including some health practitioners, police officers, certain public servants and members of some professional bodies.

Where they differ is in the detail, and the detail is what gets declarations rejected:

• Which occupations are included. An occupation on the Commonwealth list may not be on a particular state's list, and vice versa. Pharmacists, accountants and teachers are the classic examples people assume are universal.
• Conditions attached. Some categories apply only after a minimum period of service, registration or membership, or only while the person holds a current role.
• Length and structure. Some jurisdictions use long, occupation-based lists; others are shorter or framed differently.
• Identity requirements. Some schemes spell out how the witness must be satisfied of your identity. At least one state expressly requires the witness to see the declarant's face, which matters if you wear a face covering.
• What the witness writes. Most forms require the witness to state their name, address or place of work, and the capacity in which they are authorised. A blank in that box is enough to have the form returned.

What the witness is — and is not — doing

The witness confirms that you, the identified person, signed the declaration in their presence. They do not check whether what you have written is true, and they do not need to read it. The truth of the contents is your responsibility, and making a false declaration is a criminal offence under every scheme.

Whatever the list says, two practical points apply everywhere:

• Sign in front of the witness, not before. A pre-signed declaration has to be redone.
• Choose an independent witness. A relative or anyone with an interest in the matter invites a challenge even where the law does not exclude them outright.

If you are overseas, interstate, or on a video call

Overseas. Australian consular officers can witness Commonwealth declarations and are the usual answer for Australians abroad. Whether a state declaration can be made overseas, and before whom, depends on that state's Act; check it, or ask the requesting body what it will accept.

Interstate. If the declaration is under another state's Act, whether a witness authorised where you are standing will do is a question for that Act. Some schemes deal with this expressly; do not assume.

Remote and electronic execution. Rules on video witnessing and electronic signing changed repeatedly after 2020 and now differ between schemes. The Commonwealth has introduced options for electronic execution, including, for some declarations, execution through an approved online platform. Check the current guidance for your scheme, and confirm the receiving body accepts the method before relying on it.

Where a notary fits

A notary can witness a statutory declaration, but for a declaration staying in Australia you are paying for something a Justice of the Peace does for free. A notary becomes the right witness when the declaration is going overseas, because a foreign authority needs a signature and seal that DFAT can authenticate. In that case, also ask whether the foreign authority wants a statutory declaration at all, or a sworn affidavit — see Statutory Declaration vs Affidavit.

Frequently asked questions

Is a Justice of the Peace always acceptable? For declarations used in Australia, JPs appear on every list we know of, but check the list for your scheme. For a declaration going overseas, a JP's signature generally cannot be authenticated.

Can a pharmacist witness my statutory declaration? On some lists, yes. Whether it is on yours depends on which scheme the declaration is made under. Check that scheme's current list.

Can the same person witness a Commonwealth and a state declaration? Often, but not automatically. The lists overlap heavily without being identical.

Can I fix a mistake after it has been witnessed? Strike through, write the correction, and have both you and the witness initial it — in the witness's presence. No correction fluid. If in doubt, start again.