When you are confirming original documents or trying to verify your identity, you may need to provide a statutory declaration. Statutory declarations can be confusing because they involve multiple steps. Likewise, you need to find the right person to witness or sign a document or supply several photocopied documents. In NSW, there are specific guidelines you should follow. This article will explain statutory declarations, how to prepare one, and the consequences of making a false declaration.
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What is a Statutory Declaration?
A statutory declaration is a document that contains a series of statements or facts which you are declaring to be true. Statutory declarations can be used in many different situations – typically scenarios where you need to prove your personal information or a set of details.
For example, you may need to confirm personal details, such as your full name, when trying to:
- obtain a licence;
- change your name; or
- verify that you have lost official documents (like your passport) before being granted a new one.
Often, you will be asked to provide a statutory declaration when dealing with financial or health matters where ensuring your identity or personal details are true and accurate is important.
Are There Different Types of Statutory Declarations?
Broadly, there are two types of statutory declarations: Commonwealth statutory declarations and state or territory-specific declarations. Some rules and requirements will differ between the two types of statutory declarations, and between the states and territories.
This article focuses on a NSW statutory declaration.
Continue reading this article below the formWhat Does My Statutory Declaration Contain?
Your statutory declaration should contain the following:
- your name and address as the person making the declaration (a ‘declarant’);
- the details you are declaring to be true and accurate;
- a statement that indicates how the details in point 2 are accurate and that you are aware of the consequences of making a false declaration;
- your signature;
- the signature of an authorised witness; and
- the date and place where you made a declaration.
In NSW, your statutory declaration should also contain the law under which you are making the declaration. This means you should mention the Oaths Act 1900 (NSW). For convenience, the law provides a template for you to fill in. There are two alternative forms for a statutory declaration, namely a(n):
There is no material difference between the two forms – the key difference is that the forms are worded differently.
How Do I Prepare a Statutory Declaration in NSW?
There are three key steps to preparing your statutory declaration in NSW.
Step 1: Select either the eighth or ninth schedule form and fill in the following details:
- your name; and
- the details of what you are trying to declare.
If you are attaching documents to the statutory declaration, you must attach these documents as an ‘Annexure’.
To attach a document as an annexure, identify the document by letters (e.g. A, B, C). In your statutory declaration, you should include wording to the effect of “annexed and marked ‘A’ is a copy of that [document name]”.
On the attached document, you need to mark the document with ”This is annexure A to the statutory declaration made by [your name] on [date making the declaration].”
Step 2: Once you have prepared the details you want to declare, take your documents to an authorised witness.
Step 3: Sign the statutory declaration in the presence of the authorised witness. Likewise, ask the authorised witness to sign and fill in the details of the statutory declaration. Finally, provide identification documents for the authorised witness to confirm your identity (if the authorised witness has not known you for more than 12 months).
Who is an Authorised Witness?
In NSW, an authorised witness is defined as a:
- justice of the peace;
- lawyer; or
- notary public.
Which Identification Documents Are Allowed?
Your identification documents will need to be current and valid. You should ensure that your identity documents contain your photo and your name (matching the name you are using on the statutory declaration). Examples of these documents may include:
- your driver’s licence;
- your passport (current or expired in the last two years).
Key Takeaways
When preparing a statutory declaration in NSW, you are confirming that a series of facts or documents are true and accurate. In particular, you need to prepare:
- the statutory declaration (i.e. download the appropriate form),
- who the authorised witness is; and
- any identification documents the authorised witness may need.
Once you have prepared the documents or found an authorised witness, you should:
- fill in the statutory declaration and (if you have attachments) prepare your annexures;
- meet with the authorised witness; and
- sign the statutory declaration in front of the authorised witness.
If you have any questions about preparing a statutory declaration, our experienced contract lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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