Statutory declarations, or StatDecs, are used for many purposes (eg insurance claims). The declarant must sign the declaration in the presence of the witness and make a solemn declaration that it is true and correct. Knowingly making a false declaration renders the declarant liable to the penalties for perjury. A statutory declaration may only be made by a natural person.
Under the provisions of Section 132 of the Oaths Act 2001, a Statutory Declaration is a written statement of facts in a formal, solemn document.
A Statutory Declaration must be signed in the presence of a Justice of the Peace or Commissioner for Declarations in order to make the declaration legally binding
There are 2 types of statutory declarations, Commonwealth and State statutory declarations. A statutory declaration is a legal document that contains a written statement about something that is true. It must be witnessed by an approved person see witness section.
You need a Commonwealth statutory declaration if your matter relates to:
- the Commonwealth
- the Australian Capital Territory (ACT)
Otherwise use the Tasmanian Statutory Declaration
Declarations for use in Tasmania may be witnessed by:
a Justice of the Peace or a Bail Justice, a Notary Public, a barrister and solicitor of the Supreme Court, a clerk to a barrister and solicitor, the Prothonotary or a Deputy Prothonotary of the Supreme Court, the Registrar or a Deputy Registrar of the County Court, the Principal Registrar of the Magistrates’ Court, the Registrar or a Deputy Registrar of the Magistrates’ Court, the Registrar of Probates or an Assistant Registrar of Probates, the Associate to a Judge of the Supreme Court or of the County Court, the Secretary of a Master of the Supreme Court or of the County Court, a person registered as a Patent Attorney under Part XV of the Patents Act 1952 of the Commonwealth, a fellow of the Institute of Legal Executives (Tasmania), a member of the police force, the Sheriff or a Deputy Sheriff, a member or former member of either House of the Parliament of Tasmania, a member or former member of either House of the Parliament of the Commonwealth, a councillor of a municipality (or a Commissioner), a senior officer as defined in the Local Government Act 1989, a legally qualified medical practitioner, a dentist, a veterinary surgeon, a pharmacist, a principal in the teaching service, the manager of a bank, a member of the Institute of Chartered Accountants in Australia or the Australian Society of Accountants or the National Institute of Accountants, the secretary of a building society, a minister of religion authorised to celebrate marriages, a person who holds an office in the public service (of Tasmania) that is prescribed as an office of which the holder may witness statutory declarations (these are listed in the Evidence (Affidavits and Statutory Declarations) Regulations 1990 as amended).
It is important to note that not all these classes may witness federal documents or documents for use in other States.
A statutory declaration may be typed or handwritten. It should read as follows:
I [insert declarant’s full name] of [insert declarant’s street address] in the State of Tasmania, Australia do solemnly and sincerely declare that [insert required details] AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of an Act of the Parliament of Tasmania rendering persons making a false declaration punishable for wilful and corrupt perjury.the declaration would be signed here and should only be signed in the presence of the authorised witness.
The witness will complete the following section:
Declared at this [date] day of [month] , 20xx before me [the witness must write, type or stamp their name and address below their signature]