Who can witness a statutory declaration?
It depends entirely on which declaration you are making. A pharmacist can witness a Commonwealth statutory declaration but not a NSW one. In the Northern Territory, any adult aged 18 or older can witness. Nobody publishes these lists side by side, so here they are.
Every Australian jurisdiction keeps its own list of who may witness a statutory declaration, and the lists are genuinely different. The Commonwealth list runs to dozens of occupations and positions. The NSW list has three entries. Queensland changes the answer depending on whether you sign on paper or electronically.
This matters because a declaration witnessed by someone who is not authorised in that jurisdiction can be refused, and you will not find out until the body you sent it to tells you. The table below is the whole picture in one place, checked against each government's own list on 14 August 2026.
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 comparison
Scroll sideways on a phone. Every row links to the government list it came from.
| Where | Who can witness | Can a pharmacist? | Source |
|---|---|---|---|
| Commonwealth | Any of 18 licensed or registered occupations (pharmacist, nurse, dentist, optometrist, physiotherapist, psychologist, veterinary surgeon and more), any enrolled Australian legal practitioner, or any of a long list of approved positions such as a JP, a Commissioner for Declarations, a bank officer with five or more years of service, or the Australia Post agent in charge of an office. | Yes | Official list |
| New South Wales | A Justice of the Peace, an Australian legal practitioner, or a notary public. | No | Official list |
| Victoria | A long list of registered occupations that includes pharmacists, nurses, dentists and conveyancers, plus accountants who are members of specified professional bodies. | Yes | Official list |
| Queensland | Depends on how the document is signed and witnessed. Signed on paper and witnessed in person: a JP, Commissioner for Declarations, lawyer, notary public, conveyancer, or another person authorised to administer an oath. Signed electronically or witnessed by video link: a special witness. | No | Official list |
| Western Australia | Anyone described in column 2 of Schedule 2 of the Act. The list is occupation based and includes JPs, lawyers, nurses, optometrists, teachers, ministers of religion, MPs and licensed surveyors. | Check the list | Official list |
| South Australia | A list that includes JPs, notaries, conveyancers, police officers other than probationary constables, bank officers with five or more years of service, and any registered health practitioner under the Health Practitioner Regulation National Law. | Yes, as a registered health practitioner | Official list |
| Tasmania | A Justice of the Peace or a Commissioner for Declarations. Some people are Commissioners for Declarations because of their profession, and pharmacists and accountants are among them. | Yes, as a Commissioner for Declarations | Official list |
| ACT | The ACT does not publish its own separate form. Access Canberra publishes the Commonwealth statutory declaration, so the Commonwealth approved witness list applies. | Yes | Official list |
| Northern Territory | Any witness aged 18 or older. You do not need a JP or a Commissioner for Oaths. The witness writes their name, address and phone number on the form. | Yes, and so can any other adult | Official list |
The pharmacist column is there because it is the single most common point of confusion: a pharmacist is a valid witness for a Commonwealth declaration but not for a NSW one.
The three things people get wrong
1. Assuming a Commonwealth witness works for a state form
The Commonwealth list is long and includes many health professionals. That list applies to a Commonwealth declaration. If you are making a NSW declaration, the only witnesses are a Justice of the Peace, an Australian legal practitioner, or a notary public, however qualified your pharmacist is.
2. Assuming any JP anywhere is enough
A Justice of the Peace is accepted across these regimes, which is why JPs are the safe default. The mistake is the reverse assumption, that you must find a JP. In the Northern Territory you do not need one at all, and under the Commonwealth list a nurse or a bank officer with five years of service will do.
3. Signing before you get there
The witness has to observe you signing. A pre-signed declaration is not validly witnessed, and the Northern Territory guidance says so explicitly: you must not bring a pre-signed statutory declaration to a witness.
Identity checks are now part of it
Several jurisdictions require the witness to be satisfied who you are. In NSW, under the Oaths Regulation 2024 which commenced on 1 September 2024, the witness must either have known you for at least 12 months or sight an original or certified copy of an identification document. That document cannot be expired, other than an Australian passport expired for less than two years, and cannot have been cancelled. The Northern Territory guidance similarly says that if the witness does not know you, you must show photo identification.
The practical effect: take photo ID unless the witness knows you well.
A note on the Commonwealth witness list and 2024
The Commonwealth changed its statutory declaration rules from 1 January 2024, but the change was about how you can make one, not who can witness it. The new options are electronic signing with video-link witnessing, and a fully digital declaration through myGov that needs no witness. Pharmacists were already approved Commonwealth witnesses before that change under the previous regulations, and they remain approved under the Statutory Declarations Regulations 2023. If you have read that 2024 added pharmacists to the Commonwealth list, that is not what changed.
Before you go to a witness
- Confirm which jurisdiction's declaration you are making. If unsure, start here.
- Check your witness is on that jurisdiction's list, using the official link in the table.
- Fill in the declaration but do not sign it.
- Take photo identification.
- Take any document you are referring to or attaching, so the witness can deal with it properly.
Common questions
Can a pharmacist witness a statutory declaration?
For a Commonwealth statutory declaration, yes: pharmacist is one of the approved licensed or registered occupations. For a NSW declaration, no, because NSW accepts only a Justice of the Peace, an Australian legal practitioner or a notary public. Victoria lists pharmacists, South Australia covers them as registered health practitioners, and in Tasmania pharmacists are among the professions that are Commissioners for Declarations.
Can a family member witness my statutory declaration?
Only if they are an authorised witness for that jurisdiction, and even then it is usually a bad idea because it invites questions about independence. In the Northern Territory, where any adult can witness, an unrelated adult is still the safer choice.
Does the witness need to read my declaration?
The witness confirms your identity and observes you signing, and they are not vouching for whether your facts are true. They may need to see attachments so they can mark them correctly.
Can a statutory declaration be witnessed over video?
For a Commonwealth declaration, yes, by video link with an approved witness. In Queensland, video-link witnessing or electronic signing requires a special witness rather than an ordinary authorised witness. The rules differ elsewhere, so check the official page for your jurisdiction.
Do I need a Justice of the Peace?
Not necessarily. A JP works everywhere, which makes them the safe default, but most jurisdictions accept a much wider list, and 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, who can witness a Commonwealth statutory declaration, the full Commonwealth approved witness list, prescribed under Schedule 1 of the Statutory Declarations Regulations 2023.
- Statutory Declarations Regulations 2023, the instrument itself, on the Federal Register of Legislation.
- Service NSW, prepare a NSW statutory declaration, the NSW witness categories and both NSW forms.
- Victorian Department of Justice and Community Safety, information for authorised statutory declaration witnesses, the Victorian occupation list.
- Queensland Government, making a statutory declaration, the Queensland rules, including the special witness requirement for electronic signing and video link.
- Government of Western Australia, authorised witnesses for statutory declarations, the WA Schedule 2 list.
- South Australian Attorney-General's Department, authorised witnesses, the SA list, including registered health practitioners.
- Tasmanian Department of Justice, statutory declarations, the Tasmanian forms and the Commissioners for Declarations list under the Evidence Act 2001.
- Northern Territory Government, statutory declarations, the NT rule that any witness aged 18 or older may witness.
Need the facts in order first?
If your declaration sets out a sequence of events, put them in date order before you write. The builder does that for you and keeps everything in your browser.