Need to confirm a fact in writing for a bank, a government form, a tender response or an HR matter? In New South Wales, a statutory declaration (often called a “stat dec”) is one of the simplest ways to formally declare something is true.
They’re quick, low-cost and widely accepted - but only if you follow the rules. If a stat dec isn’t made correctly, it may be rejected or, worse, expose you to penalties.
In this guide, we explain what statutory declarations are in NSW, when to use one, who can witness it, and the step-by-step process to make a valid declaration that stands up when you need it.
What Is A Statutory Declaration In NSW?
A statutory declaration is a formal statement that you sign to declare something is true. In NSW, stat decs are made under the Oaths Act 1900 (NSW). You’re effectively promising that the information in the document is accurate to the best of your knowledge.
There are two main types you’ll see in practice:
- NSW statutory declarations (for matters under NSW law) made under the Oaths Act 1900 (NSW).
- Commonwealth statutory declarations (for matters under federal law) made under the Statutory Declarations Act 1959 (Cth).
Which form to use depends on who is asking for it and the legal context. For example, a state government agency processing a local licence might ask for an NSW stat dec, while a Commonwealth department could require the federal version.
Unlike an affidavit, a statutory declaration is typically used for administrative purposes rather than court proceedings. It’s still a serious document - making a false declaration is a criminal offence.
When Should You Use A Stat Dec For Business?
Stat decs are common in everyday business administration because they let you quickly confirm facts without complex evidence-gathering. Typical scenarios include:
- Confirming lost documents or ownership details (e.g. equipment, certificates, titles).
- Declaring identity, residency status, or a change of name for an application.
- Explaining circumstances to a regulator or council where a simple factual statement is required.
- Providing background information in a tender or grant application when third-party evidence isn’t available.
- Supporting HR records - for example, a brief declaration for personal leave in businesses that accept stat decs in place of a medical certificate. For this scenario, you can also review how to write a statutory declaration for sick leave if you need a practical template and tips.
A stat dec is not a substitute for a contract, affidavit or formal evidence where those are required. It’s also not a way to avoid other legal processes (for example, you generally can’t “stat dec” your way around needing certified copies or police checks when those are specifically required).
Who Can Witness A Statutory Declaration In NSW?
In NSW, your statutory declaration must be witnessed by an authorised witness. The Oaths Act lists common categories including a Justice of the Peace (JP), an Australian lawyer (solicitor or barrister), a notary public, and certain public officials.
If you’re unsure whether your witness qualifies, check the categories of authorised witnesses under the NSW Oaths Act 1900. Many workplaces have an in-house JP or can arrange a solicitor to witness for staff or customers.
Remote (audio-visual) witnessing is available in NSW if you follow the procedural rules. This option can be helpful if your team or directors are interstate or working remotely, but you still need a document witnessed promptly. Always make sure your witness understands the specific endorsement requirements that apply to remote witnessing, as there are extra steps to note that the document was witnessed by audio-visual link.
Beyond finding the right witness, make sure you follow the broader legal requirements for signing documents so your stat dec isn’t rejected on a technicality.
How To Make A Valid NSW Statutory Declaration (Step-By-Step)
Here’s a practical, repeatable process you can use in your business whenever you need a stat dec in New South Wales.
Use the correct NSW or Commonwealth statutory declaration form requested by the organisation you’re giving it to. If they don’t specify, ask. Using the wrong form is a common reason for delays.
2) State The Facts Clearly
Write your declaration in plain English. Keep it factual and specific - who, what, when and where. Avoid opinions or legal conclusions; you’re declaring what you know to be true, not arguing a case.
If you need to refer to attachments (often called “exhibits”), label them clearly (e.g. “Annexure A - Photo of serial number”) and refer to them in the body of the declaration. If the attachments are lengthy, keep the stat dec concise and only refer to the parts that matter.
3) Arrange A Proper Witness
Line up an authorised witness who is reasonably available. If you plan to use video witnessing, confirm they’re comfortable with the process and can meet the procedural steps that apply in NSW.
Before you sign, your witness should see the final version of the document and any exhibits so they can witness the declaration properly. This is also the right time to make sure any required personal details (name, address, occupation) are correctly listed.
4) Sign In The Witness’s Presence
Sign the declaration in front of the witness. The witness should then sign and include their full name, qualification (e.g. JP or Solicitor) and details as required.
For remote witnessing, the steps are different: the witness must observe the signatory sign via audio-visual link and then either sign a counterpart or sign an exact copy of the signed document. There are also wording requirements to show the document was witnessed remotely. If you’re using that option, it’s worth reviewing the remote witnessing rules in NSW beforehand so you don’t miss a step.
For in-person signing, it’s good practice to follow simple witness signature rules, such as ensuring the witness can clearly see you sign and that they complete their details immediately after.
5) Check The Signing Details
Small errors can cause big delays. Double check:
- Names match official ID (including middle names if relevant).
- Dates and locations are filled in and consistent.
- The witness’s occupation and contact details are recorded where required.
- All annexures are correctly labeled and referred to in the text.
If you make a minor correction, cleanly rule through, write the correct words neatly, and have both you and the witness initial the change. For more on best practice, see this guide to initialling documents.
6) Provide The Original As Requested
Most organisations will want the original signed stat dec, or a certified copy if requested. Keep a scanned copy for your records. If you executed via remote witnessing, ensure the final document you submit has been completed in line with the NSW requirements for remote witnessing endorsements.
7) Keep It Consistent With Your Other Records
Your stat dec should align with other information you’ve provided. Inconsistent dates or details (even if accidental) can delay processing or raise questions about reliability. Treat a stat dec like any other formal record and store it securely.
Common Pitfalls And FAQs About NSW Stat Decs
Is A Statutory Declaration Legally Binding?
A stat dec is not a contract, but it is a formal legal statement. Its value is that an agency or business can rely on it as your sworn version of the facts. Making a false statutory declaration is a criminal offence and can lead to serious penalties. Think of it as a serious promise to the government or counterparty that what you’re saying is true.
Can A Company Make A Statutory Declaration?
Companies act through people. A director, company secretary or authorised officer would usually make the declaration in their own name and state their role in the company. Make sure the person signing has authority to speak for the company on the matter. Where you need to authorise an external party to handle something for you, a brief letter of authority to act may be used alongside (or instead of) a stat dec, depending on the context.
Do I Need A Specific Wording?
Yes. Use the wording on the official NSW (or Commonwealth) form and insert your facts. Don’t rewrite the opening declaration or witnessing block. If a receiving body provided a template with specific clauses, ensure you use that version to avoid knockbacks.
Who Counts As An Authorised Witness In NSW?
Common categories include a JP, Australian lawyer, notary public and certain public officials or professionals. For practical guidance, refer to this overview of authorised witnesses under the NSW Oaths Act 1900. If you’re dealing with a federal form, check the separate Commonwealth list - it’s similar but not identical.
Can A Stat Dec Be Signed Electronically?
For NSW declarations witnessed remotely, electronic signatures and counterparts can be used if the process meets the Oaths Act requirements for audio-visual witnessing. For in-person witnessing, many witnesses will still prefer “wet ink” signatures. If you’re unsure, confirm acceptance with the receiving body and ensure your method aligns with what makes a valid signature in Australia.
Is A Statutory Declaration The Same As An Affidavit?
No. An affidavit is generally used for court proceedings and is sworn or affirmed before an authorised person, with stricter rules on exhibits and form. A statutory declaration is most often used for administrative purposes. If you’re preparing evidence for litigation, an affidavit is likely required; for administrative statements, a stat dec is typically fine.
What Happens If There’s A Mistake?
Minor typos can often be corrected by ruling through and initialling changes (by both the declarant and the witness). Substantive mistakes or confusing edits can make the declaration unreliable and may mean you should re-do it. The safest approach is to prepare a clean, final version before you sit down with your witness.
Does The Witness Need To See My ID?
It’s not always mandated by the form, but many witnesses will ask to sight your ID to be satisfied you are who you say you are. That’s normal. It helps maintain the integrity of the process and protects everyone involved.
How Do I Make Sure It’s Accepted?
Follow the right form, get the right witness, sign correctly, and ensure the facts are clear and consistent. If your stat dec is part of a larger set of documents you’re signing (for example, declarations attached to an application or agreement), it helps to align your process with general signing requirements for legal documents so nothing gets missed.
Can I Use A Stat Dec For Sick Leave?
Some employers accept stat decs in place of medical certificates for certain personal leave situations. If you’re an employer setting expectations, or an employee preparing one, it’s helpful to look at how to write a statutory declaration for sick leave to keep the content clear and appropriate for HR files.
Any Tips For Witnesses?
As a witness, check that the declarant understands they’re making a legal declaration and that the document is complete before signing. Fill out your details legibly, and add any required endorsement for remote witnessing. If corrections are made, make sure both of you initial those changes to keep the execution tidy and compliant with basic process.
Practical Drafting Tips For Businesses
If your team prepares stat decs regularly (e.g. onboarding suppliers, grant applications, or HR processes), a short internal checklist can save time and reduce rework:
- Make a one-page instruction sheet covering the correct form, authorised witnesses, and where to submit the original.
- Keep standard wording for common scenarios so staff don’t “reinvent the wheel.”
- Train at least one team member to coordinate witnessing (including remote options) to avoid last-minute scrambles.
- Record-keep: store a digitised copy alongside the relevant file, and track expiry dates if the recipient requires a recent declaration.
- For complex matters or high-stakes submissions, have your legal team review the draft before signing.
Finally, think about how a stat dec fits into your overall document workflow. If the matter also involves contracts, privacy or employment records, line up your templates and filing conventions so everything is consistent. This reduces the administrative burden and helps you comply with your wider obligations around witnessing a signature and related processes.
Key Takeaways
- A statutory declaration is a formal statement of fact. In NSW it’s made under the Oaths Act 1900 (NSW), and the Commonwealth has a separate form and law.
- Use a stat dec to confirm facts for administrative purposes - think identity, lost documents, application details or simple HR records - not as a substitute for contracts or affidavits.
- Your declaration must be witnessed by an authorised person in NSW, with the option of remote witnessing if you follow the specific procedural requirements.
- To avoid rejection, use the correct form, keep your facts clear, sign in the presence of an authorised witness, and ensure any exhibits are properly labelled and referred to.
- Small errors cause big delays. Double check names, dates, witness details and annexures, and remember both parties should initial any corrections.
- Embed stat decs into your internal processes with simple checklists, and align them with general rules for signing legal documents to keep your workflow compliant and efficient.
If you’d like a consultation on preparing or implementing statutory declarations in your NSW business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
