From 1 January 2020, statutory declarations must follow the process below. This process is outlined in the Oaths and Affirmations Act 2018.

You must also use an updated form, like the one on this page.

COVID-19 (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020

Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19).

The normal rules for making a statutory declaration in person still apply, but now you can also do it using an audio-visual link with an authorised witness.

If you wish to make a statutory declaration remotely, please see the information below.

This page explains how to make a statutory declaration in Victoria.

If you've been asked to witness a statutory declaration, please see the information for authorised witnesses.

A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness.

By signing it, you agree that the information in it is true. You can be charged with a criminal offence if the information is false. You can receive a fine of up to 600 penalty units, imprisonment for up to 5 years or both.

Statutory declarations are used for many purposes, including to :

  • verify insurance claims
  • prove your age
  • apply for sick leave at work.

How to make a statutory declaration in Victoria

Download the statutory declaration form

To make a statutory declaration, download and complete the statutory declaration form below.

You can type or write the statutory declaration before visiting an authorised witness, but don’t sign it yet. You will need to do this in front of the witness.

Author
Department of Justice and Community Safety
Publisher
Department of Justice and Community Safety
Date of Publication

Visit an authorised statutory declaration witness

The next step is to have the statutory declaration witnessed by one of the many people authorised to do so, such as a: 

A full list of authorised witnesses is below.

 

List of authorised statutory declaration witnesses

Under Section 30 of the Oaths and Affirmations Act 2018 (as of 1 March 2019), previously Evidence (Miscellaneous Provisions) Act 1958, the list of persons who may witness statutory declarations includes:

  • A person currently licensed or registered to practice in Australia as one of the following occupations:
    • Architect
    • Chiropractor
    • Conveyancer
    • Dentist
    • Financial adviser or financial planner
    • Legal practitioner
    • Medical practitioner
    • Midwife
    • Migration agent
    • Nurse
    • Occupational therapist
    • Optometrist
    • Patent attorney
    • Pharmacist
    • Physiotherapist
    • Psychologist
    • Trade marks attorney
    • Veterinary surgeon
  • An accountant who meets at least one of the following criteria:
    • Fellow of the National Tax Accountants’ Association
    • Member of Chartered Accountants Australia and New Zealand
    • Member of the Association of Taxation and Management Accountants
    • Member of CPA Australia
    • Member of the Institute of Public Accountants
  • Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
  • Australian Public Service employee engaged on an ongoing basis with 5 or more years of continuous service who is not otherwise authorised
  • Australian Consular Officer or Australian Diplomatic Officer
  • Bailiff
  • Bank officer with 5 or more continuous years of service
  • Building society officer with 5 or more years of continuous service
  • Chief executive officer of a Commonwealth court
  • Clerk of a court
  • Commissioner for Affidavits
  • Commissioner for Declarations
  • Credit union officer with 5 or more years of continuous service
  • Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not otherwise authorised
  • Employee of the Australian Trade and Investment Commission who is authorised in writing by the Secretary of DFAT to collect fees under s 3(d) of the Consular Fees Act 1955, if at a place outside Australia and in the course of the employee’s duties at that place
  • Employee of the Commonwealth who is authorised in writing by the Secretary of DFAT to collect fees under s 3(c) of the Consular Fees Act 1955, if at a place outside Australia and in the course of the employee’s duties at that place
  • An engineer who meets at least one of the following criteria:
    • A member of Engineers Australia, other than a student
    • A Registered Professional Engineer of Professionals Australia
    • Registered as an engineer under a law of the Commonwealth or a State or Territory
    • Registered on the National Engineering Register by Engineers Australia
  • Finance company officer with 5 or more years of continuous service
  • Holder of a Commonwealth statutory office not otherwise specified
    • For example, Director of the Australian Institute of Family Studies
  • IBAC Officers
  • Judge
  • Justice of the Peace
  • Local government Councillor
  • Magistrate
  • Registered marriage celebrant
  • Master of a court
  • Member of the Australian Defence Force who meets at least one of the following criteria:
    • An officer
    • A non-commissioned officer with 5 or more years of continuous service
    • A warrant officer
  • Member of the Australasian Institute of Mining and Metallurgy
  • Member of the Governance Institute of Australia Ltd
  • Member of the Parliament of a State
  • Member of a Territory legislature
  • Member of a local government authority
  • Registered minister of religion
  • Notary public, including a notary public exercising functions at a place outside either the Commonwealth or the external Territories of the Commonwealth
  • Permanent employee of the Australian Postal Corporation with 5 or more years continuous service who is employed in an office providing postal services to the public
  • Permanent employee with 5 or more years of continuous service who is not otherwise specified, if employed at one of the following:
    • State
    • Territory
    • State authority
    • Territory authority
    • Local government authority
  • Police officer
  • Police reservist
  • Protective service officer (PSO)
  • Registrar, or Deputy Registrar, of a court
  • A school principal
  • Senior executive employee of a Commonwealth authority
  • Senior executive employee of a State or Territory
  • Senior Executive Service employee of the Commonwealth
  • Sheriff
  • Sheriff’s officer
  • State Trustees officer or employee with a classification level of 2 or above
  • Teacher employed on a permanent full-time or part-time basis at a school or tertiary education institution
  • Transport Accident Commission officer or employee with a classification of level 2 or above
  • VicRoads officer or employee with a classification of level 2 or above
  • Victorian Inspectorate Officer
  • A Victorian Public Service employee with a prescribed classification level of 2 or above
    • For example, a project officer employed as a VPS4 or an administrative assistant employed as a VPS2
  • Victorian WorkCover Authority officer or employee with a classification of band 2 or above
  • Any authorised affidavit taker, including:
    • A judicial officer
      • For example, a judge or magistrate
    • An associate to a judicial officer
    • An honorary justice
    • The prothonotary or a deputy prothonotary of the Supreme Court
    • The registrar of probates or an assistant registrar of probates
    • The registrar or a deputy registrar of the County Court
    • The principal registrar, a registrar or a deputy registrar of the Magistrates’ Court
    • The principal registrar, a registrar or a deputy registrar of the Children’s Court
    • The principal registrar, a registrar or a deputy registrar of VCAT
    • The principal registrar or a registrar of the Coroners Court
    • A member of VCAT
    • A member or former member of either House of the Parliament of Victoria
    • A member or former member of either House of the Parliament of the Commonwealth
    • A public notary
    • A senior officer of a Victorian municipal Council who meets one of the following criteria:
      • Chief Executive Officer
      • A member of Council staff with management responsibilities and reporting directly to the Chief Executive Officer
      • Any other member of Council staff earning a salary of at least $124,000 (or a higher threshold, if specified by the Minister under s 97B of the Local Government Act 1989)
    • A fellow of the Institute of Legal Executives (Victoria)
    • A person acting judicially
      • For example, an arbitrator or any person or body with authority to hear, receive and examine evidence
    • Any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to administer affidavits

Sign and initial each page

In each other’s presence, you must both:

  1. sign or initial any alteration to the statutory declaration
  2. sign or initial each page.

If the statutory declaration refers to a separate document, you must sign a certificate attached to the document identifying it as an exhibit to the statutory declaration.

The authorising witness must sign the certificate and insert their qualification as a statutory declaration witness.

Say the declaration out loud

Then in front of the witness you must say:

'I, [your full name] of [your address], declare that the contents of this statutory declaration are true and correct.'

Sign and date the last page

You must sign and date the last page of the statutory declaration.

The witness must sign and write, type or stamp:

  1. their name
  2. personal or professional address, and
  3. their qualification as a statutory declaration witness.

The statutory declaration is now complete.

Making a statutory declaration remotely

Instead of meeting in person, you can arrange to ‘appear before’ the witness by audio-visual link.

You still need to use the statutory declaration form available on this page.

You may need to organise:

  • an agreed way to meet online. For example, this could be Zoom or Skype.
  • an agreed way to send one another documents. This could be fax, email or some other way of electronically sending documents
  • a scanner if you want to sign a hard copy of the statutory declaration document.
  • a printer to print out a copy of the statutory declaration document.

Please note that if your statutory declaration requires copies of documents to be attached, copies of these documents cannot currently be certified remotely. You will need to have copies of any documents required certified in person.

For the statutory declaration to be valid, the following steps must happen:

  • during a live audio-visual link
  • on one day.

If for some reason you are interrupted and cannot complete witnessing the document that day, you will need to start from the beginning.

Step 1: Prepare the statutory declaration

Prepare the statutory declaration but do not sign it before meeting with the witness.

If the statutory declaration has documents attached to it as exhibits, you must also do the following.  You must make copies of each document and each certificate identifying the document as an exhibit and attach each document and its certificate to each other.

Note:

If you want to attach a certified true copy of an original document to the statutory declaration, the certification process cannot be done via a live audio-visual link. Documents must be certified in person.  You can only attach certified true copies that have already been created using the in person process.

Step 2: Sign the statutory declaration

This must happen during a live audio-visual link.

Once connected on the link, you must:

  • sign or initial each page
  • say the declaration: 'I, [your full name] of [your address], declare that the contents of this statutory declaration are true and correct'
  • sign and date the final page
  • sign and date each certificate (if any).

The signature can be made electronically, for example by signing a PDF version on a tablet, smartphone or laptop using a stylus or finger. You can also physically sign a hardcopy version of the document and then scan it.

Step 3: Send the signed declaration and certificates and documents (if any) to the witness

You can use fax, email or some other method of electronically transmitting the document.

Step 4: The witness must sign the statutory declaration and certificates (if any) and send them back to you

In addition to the normal requirements, the witness must also include a statement that it was witnessed using an audio-visual link in compliance with the Regulations.

An example of the statement is:

This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020.

The witness must also sign each certificate (if any) and include a statement indicating that the statutory declaration was witnessed using an audio-visual link in compliance with the Regulations.

An example of the statement is:

This certificate was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020.

Step 5: Complete the statutory declaration

At the end of the copy of the statutory declaration and at the bottom of every certificate (if any) you get back from the witness, type or write:

This is a true copy of the statutory declaration made by me [your full name]. This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020.

Sign underneath the statement and provide the date.

If you need assistance when making the statutory declaration

In some cases, you may need assistance to make a statutory declaration. For example, you may need someone to translate the document for you.

If you need someone to assist, they must also be present by audio-visual link when the statutory declaration is signed.

After the declarant (the person making the statutory declaration) and the witness have signed the document, the person assisting must be sent the copy of the statutory declaration before it is finalised.

They must write or type:

  • their name and address
  • an explanation of what kind of assistance they provided
  • the following statement:

Assistance was provided by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020.

The person assisting should then send the document to the person making the statutory declaration to finalise the statutory declaration.

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Within this section

Affidavits

Affidavits

Affidavit is a written statement that is confirmed by the oath or affirmation of the party making it before a person authorised to receive affidavits. Who can make the declarations and the rules around them.