Fill Out Commonwealth Statutory Declaration Online

What is a Commonwealth statutory declaration used for

A statutory declaration lets you state facts formally where a sworn court document would be excessive but an ordinary letter is not enough. Commonwealth agencies commonly accept or require statutory declarations for matters under Commonwealth law, such as name discrepancies, lost documents, relationship or residence circumstances, and statements supporting applications.

The declaration is made under section 9 of the Statutory Declarations Act 1959. Intentionally making a false statement in a statutory declaration is an offence under section 11 of the Act, punishable by imprisonment for up to four years, and the form includes an acknowledgement of that above the signature. State and territory matters generally use the relevant state or territory statutory declaration form instead, so check which jurisdiction your matter falls under.

Who can witness a statutory declaration

The Commonwealth form must be made before an authorised witness. The approved list is set by the legislation and reproduced on the form and on the Attorney-General's Department website. It includes people licensed or registered in listed occupations such as legal practitioners, medical practitioners, nurses, pharmacists, dentists, physiotherapists, psychologists, optometrists, chiropractors, veterinary surgeons, patent attorneys and architects, as well as legal practitioners on a Supreme Court or High Court roll.

A further list covers office holders and others, including Justices of the Peace, Commissioners for Declarations, police officers, judges and magistrates, court registrars and clerks, notaries public, marriage celebrants, certain long serving employees of banks, credit unions, Australia Post and the Commonwealth, members of parliament, qualified engineers and accountants, and permanent teachers at schools or tertiary institutions. If you are unsure whether someone qualifies, the current list on ag.gov.au is the authoritative reference.

How to fill out the statutory declaration

The form is short, but the formalities are what give it legal force, so follow them exactly.

• Insert your full name, address and occupation in the opening line.
• Set out the matters you are declaring in clear numbered paragraphs, sticking to facts within your own knowledge and belief.
• Add your email address or telephone number in the field provided.
• Leave the signature, place and date fields blank until you are with your witness.
• Sign the declaration in front of the authorised witness, who then records the place and date, signs as the observer, and adds their full name, qualification, address and contact details.
• Check the witness has completed every field in their section, since agencies can reject declarations with incomplete witnessing details.

Paper and digital options

Since 2024, the Commonwealth scheme has allowed statutory declarations to be executed digitally through the myGov platform as an alternative to the paper process, following amendments to the Statutory Declarations Act. The paper form witnessed in person remains valid and continues to be widely used, and some recipients may still prefer or specify it.

Whichever route you take, the content rules are the same: declare only what is true, be specific, and keep a copy of the completed declaration. If a matter is legally significant or contested, consider getting advice before declaring, since a statutory declaration is a formal legal document.