Which statutory declaration do you need?
Australia does not have one statutory declaration. It has nine, and the wrong one gets rejected. The short rule: if a federal body asked for it, use the Commonwealth form. If a state or territory body asked, use that state's form.
A statutory declaration is a written statement you sign in front of an authorised witness, declaring that what it says is true. Making a false one is a criminal offence. It is not the same as an affidavit, which is sworn for use in court proceedings.
The part almost nobody explains is that there is no single Australian statutory declaration. The Commonwealth has one, and each state and territory has its own, each with its own form and its own list of who is allowed to witness it. A declaration made on the wrong form, or witnessed by someone who is not authorised in that jurisdiction, can be refused.
Ask the organisation that requested it which one they want. They decide what they will accept, and the answer takes one question. If they say a Commonwealth declaration, you may be able to do the whole thing online through myGov with no witness at all.
This page explains the process and points you to the official source. It is general information, not legal advice. For advice about your situation, speak to a lawyer, Legal Aid or a community legal centre.
Checked 14 August 2026. We re-check this page every six months, and sooner if a witness list changes.
The nine regimes
Each links to the government page that issues the form. We link rather than host, so you always get the current version.
| Where | Governing law | Official form |
|---|---|---|
| Commonwealth | Statutory Declarations Act 1959 and Statutory Declarations Regulations 2023 | Official page |
| New South Wales | Oaths Act 1900 and Oaths Regulation 2024 | Official page |
| Victoria | Oaths and Affirmations Act 2018 | Official page |
| Queensland | Oaths Act 1867 | Official page |
| Western Australia | Oaths, Affidavits and Statutory Declarations Act 2005 | Official page |
| South Australia | Oaths Act 1936 and Oaths Regulations 2021 | Official page |
| Tasmania | Evidence Act 2001 | Official page |
| ACT | Statutory Declarations Act 1959 (Commonwealth), listed on the ACT legislation register | Official page |
| Northern Territory | Oaths, Affidavits and Declarations Act 2010 | Official page |
How to work out which one you need
Four steps, and the first one does most of the work.
1. Ask who is requesting it
Ask the organisation whether they want a Commonwealth declaration or a state one. They decide what they accept, so their answer ends the question. This single question prevents most rejected declarations.
2. Match the form to the body
Federal body, such as Services Australia or the ATO, generally means the Commonwealth form. State body, such as a state road authority or state court registry, generally means that state's form.
3. Download from the official page
Use the government link for that jurisdiction. Forms get amended, and a superseded form can be refused. That is also why this site links every form instead of hosting a copy.
4. Check your witness is authorised there
The lists genuinely differ. A pharmacist can witness a Commonwealth declaration but not a NSW one. See who can witness a statutory declaration before you go.
What every jurisdiction has in common
- You sign in front of the witness. Do not sign first and take it along. Every regime requires the witness to observe the signature.
- A false declaration is a criminal offence. Penalties are set by the relevant Act. In the Northern Territory, for example, the official guidance states a fine or a prison sentence of up to three years.
- The witness signs and identifies themselves on the form, usually with their name and the capacity that authorises them.
- Most bodies want the original. Photocopies are commonly refused.
Two situations that confuse people most
Statutory declarations for sick leave, where the real question is whether your employer can insist on one, and digital declarations through myGov, where the limit is that myGov only produces the Commonwealth version.
If you need actual advice
This page describes a process. If you need someone to tell you what to put in a declaration, or whether to make one at all, that is legal advice and you should get it from a person. Legal Aid in your state, LawAccess NSW on 1300 888 529 if you are in NSW, or a community legal centre are the free starting points.
Common questions
Is a statutory declaration the same in every state?
No. There are nine separate regimes: the Commonwealth plus each state and territory. Each has its own form and its own list of authorised witnesses. A declaration on the wrong form can be rejected, so ask the organisation that requested it which one they need.
What is the difference between a statutory declaration and an affidavit?
A statutory declaration is a written statement declared to be true before an authorised witness, used mostly outside court. An affidavit is sworn or affirmed for use in court proceedings and usually has stricter rules about who can take it.
Can I write my own wording?
Yes. The form provides the legal framing and you supply the facts. Keep it to facts you know to be true, in plain language and in date order. Knowingly including something false is a criminal offence.
Do I have to use a Justice of the Peace?
It depends on the jurisdiction. A JP is accepted everywhere, but many jurisdictions accept a much wider list. The Northern Territory accepts any witness aged 18 or older.
Where this comes from
Every rule on this page comes from the official source below. We link them rather than copy them, because a form or a witness list that is out of date is worse than no form at all. Check the source if anything here matters to your document.
- Attorney-General's Department, statutory declarations, the Commonwealth source for the Statutory Declarations Act 1959 and the Commonwealth form.
- Service NSW, prepare a NSW statutory declaration, the NSW government page carrying both NSW forms.
- Victorian Department of Justice and Community Safety, statutory declarations, the Victorian form and its authorised witness list.
- Queensland Government, making a statutory declaration, the Queensland guide, form and witnessing rules.
- Government of Western Australia, authorised witnesses for statutory declarations, the WA list under Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005.
- South Australian Attorney-General's Department, authorised witnesses, the SA list under the Oaths Act 1936.
- Tasmanian Department of Justice, statutory declarations, the Tasmanian forms and the Commissioners for Declarations list.
- Northern Territory Government, statutory declarations, the NT form and its witnessing rule.
- Legal Aid NSW, statutory declarations, free plain-English legal information.
Getting your dates straight first?
If your declaration needs to set out what happened and when, build the sequence first and write from it. The builder keeps everything in date order and never uploads what you type.