Who’s Allowed? A Guide To Signing Statutory Declarations

Whether you’re applying for a licence, confirming your identity, or resolving an employment matter, there’s a good chance you’ll be asked for a statutory declaration at some point.

They look simple, but getting the signature and witnessing requirements wrong can make the document invalid - or worse, expose you to penalties.

In this guide, we’ll walk through who can sign a statutory declaration in Australia, who can witness it, and the practical steps to make sure your declaration is valid the first time.

What Is A Statutory Declaration?

A statutory declaration is a written statement you sign to declare something is true, and you make it knowing there are legal consequences if it’s false.

They’re used by government agencies, businesses and courts to verify facts without needing a formal affidavit. You’ll see them in everything from procurement and insurance to HR processes and education enrolments.

There are two broad types in Australia:

• Commonwealth statutory declarations (for federal matters or when requested by federal agencies), and
• State and territory statutory declarations (for state-based processes such as licensing or local compliance).

Each has its own form and rules about how it must be signed and witnessed. If you’re operating in New South Wales, for example, it’s worth understanding the specifics in our overview of statutory declarations in NSW.

For everyday workplace scenarios, like confirming an employee’s absence where a medical certificate isn’t available, you might also rely on a simple guide to writing a statutory declaration for sick leave.

Who Can Make And Who Can Witness A Statutory Declaration?

The law draws a clear line between the person making the declaration (the “declarant”) and the authorised witness. You need both, and they can’t be the same person.

Who Can Make (Sign) The Declaration?

Usually, any adult with capacity (i.e. they understand what the declaration is and the consequences of making it) can make a statutory declaration.

Where a minor needs to make a declaration, check the relevant jurisdiction’s rules - some agencies accept declarations by persons under 18, others may require a guardian to declare instead.

To keep your document valid, make sure the person signing is the one with the knowledge of the facts, and their name matches their identification documents.

Who Can Witness It?

Only an “authorised witness” can witness your signature. The exact list depends on whether you’re using a Commonwealth form or a state/territory form, but typically includes:

• Legal practitioners (Australian lawyers, solicitors, barristers)
• Justices of the Peace (JP)
• Police officers
• Pharmacists
• Medical practitioners and dentists
• Teachers
• Bank officers with 5+ years of continuous service
• Permanent employees of Australia Post with 5+ years of continuous service
• Notaries public

In New South Wales, the Oaths Act 1900 prescribes who counts as an authorised witness for state declarations. For Commonwealth declarations, the authorised witness categories appear in the Statutory Declarations Regulations.

If you’re unsure whether someone qualifies, it’s safer to choose a clearly authorised professional (such as a JP or a lawyer) or double‑check the categories before signing.

Can A Family Member Or Colleague Witness It?

There’s no blanket ban on family or colleagues if they are independently an authorised witness. However, it’s best practice to avoid witnesses who may be perceived to have a conflict of interest in the subject matter of the declaration.

For example, if your declaration supports a claim to your employer, avoid having your direct manager witness it even if they’re a JP. Choose a neutral authorised witness to remove doubt about impartiality.

For general principles on impartiality and the mechanics of witnessing, it helps to review the witness signature rules in Australia.

How Do You Sign A Statutory Declaration Correctly?

Getting the formalities right matters. Here’s a clear, step‑by‑step process that works across most jurisdictions:

1) Use The Right Form

Confirm whether a Commonwealth or state/territory declaration is required. Agencies usually specify which one they’ll accept, and some will reject the wrong version outright.

2) Prepare Your Statement And Attachments

Write clearly in your own words or use the provided fields on the form. If you’re referring to attached documents (like invoices or IDs), label them consistently as “Annexure A”, “Annexure B” and so on.

If you need to initial changes or additions, follow the general initialling rules for documents so every alteration is obvious and agreed.

3) Meet With An Authorised Witness

Bring the unsigned form, a valid photo ID, and any annexures. Don’t sign anything before you meet the witness, unless the process you’re using expressly allows for electronic or remote execution (more on that below).

Some states allow appointments at Service NSW/Service Victoria centres or local JPs at libraries and community centres.

4) The Witness Verifies Your Identity

Expect to show your ID and confirm your name and address. The witness needs to be satisfied you are the person making the declaration; if there’s any doubt, they may refuse to proceed.

5) Make The Declaration In The Witness’s Presence

You must say the prescribed words on the form, which typically include acknowledging that you’re aware making a false declaration is an offence. Then sign and date the form in front of the witness.

The witness will then sign, state their qualification (e.g. “Australian lawyer”), add their name and address or registration number, and date the form.

6) Mark And Sign Annexures

If you attached documents, the witness usually needs to certify on each annexure that it is the annexure referred to in the declaration, and they may initial each page. Keep the annexure labels consistent with the body of your declaration.

7) Check For Common Formalities

• Dates are consistent across the declaration and annexures
• All required fields on the form are completed
• Names on the declaration match your ID
• No blank spaces are left that could be filled in later

If your organisation has internal signing procedures, it’s a good idea to align them with the general legal requirements for signing documents in Australia so everything is consistent across your paperwork.

Can You Sign A Statutory Declaration Electronically Or Remotely?

Digital signing and remote witnessing have become more common in Australia, but they’re not universal. The rules depend on the type of declaration and the jurisdiction.

Electronic Signatures

Many jurisdictions now accept electronic signatures for certain documents, but some statutory declarations still require a “wet ink” signature unless specific digital processes are followed.

If you’re unsure which method is allowed, compare your options in this overview of wet ink vs electronic signatures and confirm what the agency requesting the declaration will accept.

Remote Witnessing (Audio‑Visual)

Several states and territories introduced audio‑visual witnessing measures, some of which have been made permanent (often with strict procedure, like real‑time video, ID checks, and special witness statements). The specific rules vary by jurisdiction.

If you’re in New South Wales, you can look at the current framework for remote witnessing in NSW. Outside NSW, check the latest rules for your state or territory before proceeding remotely.

Even where remote witnessing is permitted, some agencies still prefer or require in‑person signing. Always confirm the receiving party’s requirements to avoid delays.

When In Doubt, Choose In‑Person And Wet Ink

If you can’t confirm that electronic or remote options are valid for your situation, arrange an in‑person appointment with a clearly authorised witness and sign with pen. It’s the lowest‑risk route.

Common Mistakes (And How To Avoid Them)

Small errors can invalidate a statutory declaration or slow down your application. Here are the issues we see most often - and how to fix them before they become a problem.

Using The Wrong Form

Submitting a state declaration when the agency needs a Commonwealth declaration (or vice versa) is a common reason for rejection.

Action: Confirm which form is required and download it fresh, so the wording and witness requirements are up to date.

Incorrect Or Ineligible Witness

Sometimes a person witnesses “as a favour” but doesn’t fall into an authorised category, or their qualification isn’t clearly stated on the form.

Action: Pick a witness from the authorised list, and ensure they record their occupation/qualification and details clearly. If you need a refresher on roles and eligibility, this overview of who can witness a signature is useful.

Signing In The Wrong Order

Signing before you meet the witness (or without the declaration being made verbally where required) can invalidate the document.

Action: Only sign and date your declaration in front of the witness and follow the script on the form.

Mismatched Names Or Missing Details

If the name on your declaration differs from your ID, or if addresses and dates don’t align, the receiving agency may question the document.

Action: Match the details across the declaration, annexures and your identification documents before meeting the witness.

Unclear Annexures

Attachments aren’t properly labelled or certified by the witness, making it unclear what the declaration is referring to.

Action: Use “Annexure A/B/C” labels in the declaration, mark each attachment the same way, and have the witness certify them as the annexures referred to in your declaration.

Digital Execution Without The Right Process

Trying to sign electronically or use a video call without following the exact requirements can lead to rejection.

Action: Confirm whether digital signing or remote witnessing is accepted and follow the specified process. If you proceed electronically, make sure your signature method satisfies what counts as a valid signature.

Declaring Untrue Statements

Statutory declarations are serious. Making a false statement can be an offence under the relevant legislation, with penalties that may include fines or imprisonment.

Action: Only declare facts you genuinely believe to be true, and keep a copy of any evidence you’ve relied on.

Business Use Cases: When Might You Need One?

For businesses and employers, statutory declarations are practical tools to reduce friction in day‑to‑day processes while maintaining accountability. Common scenarios include:

• Confirming the loss or absence of documents (e.g. lost receipts for expense claims)
• Stating prior use or ownership where records are limited
• Supplier or contractor attestations for tender or compliance purposes
• Client declarations to verify identity or residential status
• Employee declarations when a medical certificate isn’t available

If you collect personal information as part of these processes, make sure your privacy and record‑keeping practices are consistent with your Privacy Policy and the Privacy Act.

Where a statutory declaration sits alongside other documents (for example, a contract variation or a settlement document), align your approach to execution with the rest of your governance - for instance, a company’s signing practices under section 127 of the Corporations Act should complement how you handle declarations, even though the statutory declaration itself is signed by an individual.

Practical Tips To Streamline Your Next Statutory Declaration

• Keep a short list of local authorised witnesses your team can access easily (e.g. nearby JPs or a firm contact).
• Prepare the form fully before the appointment - but don’t sign or date it until you’re with the witness.
• Bring original ID and any annexures; if copies are required, print them clearly and label them.
• For remote or electronic signing, check the exact method the receiving agency accepts and document your process.
• Store signed declarations securely and consistently with your document retention policies.

Key Takeaways

• A statutory declaration is a formal statement of truth and must be signed in front of an authorised witness to be valid.
• Authorised witnesses vary by jurisdiction but commonly include lawyers, JPs, police officers, pharmacists and long‑serving bank or postal staff.
• Follow a simple process: use the correct form, meet an authorised witness, declare the prescribed words, sign in their presence, and properly mark annexures.
• Electronic signatures and remote witnessing are possible in some jurisdictions and contexts, but you must follow the precise rules or choose in‑person signing.
• Avoid common errors like using the wrong form, picking an ineligible witness, pre‑signing, or mismatching details across annexures and ID.
• If your team handles these often, align your signing procedures with the broader rules for signing documents in Australia and maintain clear, secure records.

If you’d like a consultation about preparing or witnessing statutory declarations for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.