Statutory Declaration (Commonwealth and ACT)A Statutory Declaration (Commonwealth and ACT) is valid for matters relating to the Commonwealth and Commonwealth legislation. This declaration may be signed and witnessed electronically.
A statutory declaration is a statement of facts declared to be true. This statutory declaration can be used to make an official declaration valid for matters relating to the Commonwealth and Commonwealth legislation, as well as the Australian Capital Territory and ACT legislation. It has been drafted to comply with the requirements of the Statutory Declarations Act 1959 (Cth) and the Coronavirus Economic Response Package (Modifications—Statutory Declarations and Notices of Intention to Marry) Determination 2021, including the requirements for electronic signing and witnessing. It is strongly advised that any customisation of this form should be restricted to the fields in the questionnaire, as the legislation requires specific wording to be used. Where text remains that is not applicable to the declaration, such as the text relating to assistance being provided, this text should be left in its original form.
Signing and witnessing the Statutory Declaration
The list of people who may act as authorised witnesses to a statutory declaration can be found in Schedule 2 to the Statutory Declarations Regulations 2018 (Cth) and on the Attorney-General's department website.
This form may be signed and witnessed electronically. The requirements for electronic signatures are complied with by signing this form in the spaces provided through Lawpath's electronic signature feature. The person making the declaration must also say the words "I, [full name] of [address], declare that the contents of this statutory declaration are true and correct." Additionally, the witness to this declaration must sign or initial every page of the declaration, and date the final page. For a statutory declaration to be validly witnessed electronically, the witness must have an audio-visual link with the person making the declaration throughout the entire process. The camera must be pointed at the person and the screen where the person will electronically sign the declaration. Once the declaration has been signed by the person, they will typically then receive the declaration by electronic means, sign it electronically themselves, and send it back to the person. This can all be done on the Lawpath platform.
This form can also be validly witnessed when both the person making the declaration and the witness are in the same room. The witness must simply be able to see the person as they make the declaration.
Use this policy if:
You are required to disclose information relating to matters including (but no exclusive to):
health matters; or
The declaration can also be used as evidence.