Commonwealth statutory declaration

Agency: Attorney-General's Department (Commonwealth) · AU

A written statement you declare to be true, used for Commonwealth matters — Centrelink, immigration, superannuation, insurance and identity. It is not evidence in court; it is a formal promise, and the promise is what carries the penalty.

Steps

1. Who is declaring — This is your declaration, not the witness's. If anything in it is wilfully false, the offence is yours alone — up to 4 years imprisonment under section 11 of the Statutory Declarations Act 1959. A witness is not responsible for whether what you write is true.
2. What you are declaring — Write only what you personally know to be true. If you are repeating what someone else told you, say so in the sentence ("I am informed by … that …"). A statement that is true but written as if you witnessed it yourself is the most common way an honest person creates a false declaration.
3. Making it official — Since 1 January 2024 there are three equally valid ways to execute this, and one of them needs no witness at all. Choosing the path you can actually complete today matters more than choosing the one you have heard of.

When to see a professional

If the declaration will be used in a dispute, if someone has asked you to declare something you are not certain about, or if you are unsure whether a statutory declaration is the right document at all. A declaration is a formal promise with a criminal penalty attached — it is worth ten minutes of a professional's time before signing, not after.

Sources

• https://www.ag.gov.au/legal-system/statutory-declarations/about-commonwealth-statutory-declarations
• https://www.ag.gov.au/legal-system/statutory-declarations/about-commonwealth-statutory-declarations/who-can-witness-commonwealth-statutory-declaration
• https://www.legislation.gov.au/C1959A00052

This is legal information, not legal advice.