Needing time off for illness happens. When it does, your employer can ask for “reasonable evidence” to confirm you were unfit for work. Sometimes a quick GP visit isn’t practical (think: a 24‑hour bug or a weekend migraine). In those situations, a statutory declaration (often called a “stat dec”) can be a useful way to confirm your absence.
If you’ve wondered whether you can use a stat dec for sick leave, what to include, or how to have it witnessed correctly, you’re in the right place. Below, we explain when a statutory declaration is appropriate, how to write one, who can witness it, and the key compliance points for both employees and employers in Australia.
Our goal is to give you a clear, step‑by‑step path so you can handle sick leave evidence the right way and avoid unnecessary disputes at work.
What Is A Statutory Declaration For Sick Leave?
A statutory declaration is a written statement that you sign and declare to be true in front of an authorised witness. It’s a formal way of confirming facts when other forms of evidence (like a medical certificate) aren’t available or practical.
When used for sick leave, a stat dec records that you were unfit for work due to illness or injury on specified dates. It can also be used for carer’s leave if you needed to look after an immediate family or household member.
It’s important to be precise here: a stat dec is not made “under oath.” However, it’s still a serious legal document. Making a false declaration is a criminal offence. Always tell the truth and only include information you genuinely know to be true.
Under the Fair Work system, employers can ask for reasonable evidence that an employee was entitled to personal/carer’s leave. A properly completed statutory declaration can meet that threshold in many workplaces, particularly for short or occasional absences. That said, your employment contract, workplace policy, modern award or enterprise agreement may set specific requirements about the type of evidence accepted.
If you’re unsure about when medical certificates are required, it’s worth reading about when employers can request medical certificates and how those requests interact with your leave entitlements.
Can You Use A Stat Dec For Sick Leave?
In many Australian workplaces, yes-statutory declarations are used as evidence for sick leave or carer’s leave, particularly for short, one‑off absences. The key is whether your employer’s policy (or the relevant award or agreement) allows a stat dec as reasonable evidence for the situation.
Keep these points in mind:
- Check your employment contract and workplace policies first. Some roles or industries have stricter rules and may require a medical certificate in certain circumstances (for example, longer absences or repeated sick days).
- Make sure the declaration clearly states that you were unfit for work due to illness or injury, and the exact dates it covers.
- For carer’s leave, confirm that you needed to care for an immediate family or household member and specify the dates you were required to provide care.
- Expect that your employer may ask for a medical certificate if absences become frequent, long‑term, or if the circumstances raise concerns. That can still be consistent with the “reasonable evidence” standard.
If you’re navigating recurring illness or have questions about entitlements and processes, these resources can help: managing sick leave when entitlements run out, sick leave entitlements, and what happens to unused sick leave.
How To Write A Sick Leave Statutory Declaration (Step‑By‑Step)
Here’s a simple, compliant way to prepare your stat dec for sick leave in Australia.
Start with the official statutory declaration form for your jurisdiction (Commonwealth or state/territory). Many workplaces accept the standard Commonwealth form, but some prefer a state‑based form. If your employer provides a template, check that it’s up to date and includes space for an authorised witness to sign.
2) Add Your Details Accurately
Complete your full name, residential address and other identifying details requested on the form. If your workplace includes an employee or payroll number on evidence forms, add that as well.
3) Write A Clear Declaration Statement
In the section where you set out your statement, include the essentials:
- That you were unfit for work due to illness or injury, stated plainly (you don’t have to disclose your diagnosis).
- The specific dates you were (or will be) absent from work.
- Your employer’s name (if relevant for identification in your workplace process).
- For carer’s leave: the name and relationship of the person you cared for, and that you were required to provide care due to illness, injury or an emergency.
Example wording you can adapt (keep it factual and truthful):
“I, of , declare that I was unfit for work at due to illness on . I could not perform my duties on these dates. This declaration is true and I understand it is an offence to make a false declaration.”
Keep it concise. You only need to confirm your inability to work and the dates covered.
4) Sign In Front Of An Authorised Witness
Do not sign the document in advance. You must sign in front of an authorised witness who will then sign and include their details. If your employer accepts electronic execution for internal record‑keeping, confirm whether witnessing can occur via approved remote methods, or whether a physical signature is required.
5) Provide It To Your Employer
Submit the completed document as soon as you reasonably can (for example, when you return to work or in line with your policy timeframes). Keep a copy for your records.
For employers, it’s a good idea to outline submission requirements and timeframes in an Employment Contract and an up‑to‑date workplace policy so everyone understands what’s expected.
Who Can Witness A Statutory Declaration?
Your declaration must be witnessed by an authorised witness as set out in the relevant legislation. Examples typically include:
- Justice of the Peace (JP)
- Solicitor or lawyer
- Police officer
- Medical practitioner
- Pharmacist
- Certain other professionals listed in the regulations (for example, some registered health practitioners, accountants, engineers or full‑time teachers)
The full, up‑to‑date list is set out in legislation and can differ between Commonwealth and state/territory forms. Check the current form you’re using to confirm who qualifies. Bring appropriate ID if the witness asks for it.
If you work in New South Wales and often use state forms or need to arrange witnessing locally, you may find it helpful to understand who can witness statutory declarations in NSW and how to complete the process correctly there.
Policies, “Reasonable Evidence” And When A Stat Dec May Not Be Enough
While a statutory declaration is valid evidence in many circumstances, it’s not a guaranteed substitute for a medical certificate in every situation. Your employer is entitled to request reasonable evidence that would satisfy a reasonable person that you were (or are) entitled to the leave. Whether a stat dec meets that standard can depend on:
- What your employment contract, modern award, enterprise agreement and workplace policies say about evidence requirements.
- The length and frequency of absences (e.g. multiple days in a row, regular patterns, or prolonged illness may prompt a request for medical certificates).
- Operational needs or health and safety considerations in the workplace.
In practice, many workplaces accept a stat dec for short, occasional absences. For longer or repeated absences, or where there are concerns about misuse, a medical certificate may be required. That approach can still be consistent with the Fair Work framework, provided it’s applied fairly and consistently.
If an employer rejects a statutory declaration and you believe it should have been accepted, start with a calm conversation about the policy and the reasons for the decision. Clarifying the rules usually resolves issues quickly. If problems persist, it’s sensible to seek tailored advice.
Employers should ensure their documentation is aligned. Clear evidence expectations in an Employment Contract (FT/PT), supported by a practical workplace policy, reduce confusion. When handling any personal information collected in the process, use a compliant Privacy Policy and limit collection to what’s reasonably necessary for administering leave.
Carer’s Leave: Using A Stat Dec
You can also use a statutory declaration to support carer’s leave if you needed to look after an immediate family or household member due to illness, injury or an unexpected emergency. Your statement should identify the person and your relationship, confirm the dates you needed to care for them, and state that care was required. Again, your employer’s policy may specify when a medical certificate is needed instead.
Remote And Digital Processes
Some workplaces accept scanned copies or PDF submissions; others require originals or use specific HR systems to upload evidence. Follow your policy closely. If you expect to use electronic witnessing or remote processes, confirm that your chosen method is acceptable for the form you’re using and for your employer’s records.
Privacy And Record‑Keeping
Employers should store stat decs securely and avoid collecting more information than necessary. Sensitive information (including health information) must be handled carefully. Having a fit‑for‑purpose Employee Privacy Handbook and internal procedures helps you stay compliant and consistent.
Practical Tips For Employees And Employers
For Employees
- Notify your employer as soon as you can. Follow your usual reporting method (e.g. call, text, HR portal) and confirm any deadlines for providing evidence.
- Use the correct form and have it witnessed properly. Don’t sign before you see the authorised witness.
- Keep your statement brief and factual. You don’t need to disclose your diagnosis-just confirm you were unfit for work and the dates affected.
- Keep copies of everything you submit in case you’re asked to clarify later.
For Employers
- Document your expectations. Set out “reasonable evidence” requirements clearly in contracts and policies, including when a medical certificate is required versus when a stat dec is acceptable.
- Apply rules consistently. Treat similar situations the same way, regardless of who’s involved.
- Protect privacy. Limit the information you collect and store stat decs securely.
- Train managers. Make sure supervisors understand the process so employees receive accurate, consistent guidance.
If you’re reviewing your approach to personal/carer’s leave, it can help to map your internal process from notification through to record‑keeping, then update your documentation to match. Where you need tailored contracts or policies, we can support with documents such as an Employment Contract suite and a practical workplace policy that reflects your operations.
Key Takeaways
- A statutory declaration is a formal statement you sign before an authorised witness; it can be reasonable evidence of sick or carer’s leave for short, occasional absences in many Australian workplaces.
- Always check your contract, award/agreement and workplace policy-some situations require a medical certificate, especially for longer or repeated absences.
- Write a simple, truthful statement covering that you were unfit for work (or needed to provide care) and the exact dates; you don’t need to disclose your diagnosis.
- Make sure you use the correct form and have it witnessed by a person authorised under the relevant legislation.
- Employers should set clear evidence rules in an Employment Contract and workplace policy, and handle personal information with a compliant Privacy Policy.
- Keep copies of evidence and communicate early-clear processes and consistent application go a long way to preventing disputes.
If you’d like a consultation about statutory declarations for sick leave, evidence requirements, or updating your workplace policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
