Legal Templates
New Declaration Form

New Declaration Form for Australia

New Declaration Form Template for Australia

An Australian Declaration Form is a formal legal document where an individual makes statements of fact under penalty of perjury. This document, governed by both federal and state legislation in Australia, particularly the Statutory Declarations Act 1959 (Cth) and relevant state laws, requires execution before an authorized witness. The declaration serves as evidence in various contexts, from personal matters to business transactions, and carries serious legal consequences for false statements. It must comply with strict formatting and execution requirements to ensure its validity under Australian law.

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What is a New Declaration Form?

The New Declaration Form is a fundamental legal instrument in the Australian legal system, used when formal verification of facts or statements is required. This document is commonly required in various situations such as confirming identity, verifying qualifications, attesting to personal circumstances, or providing evidence for legal or administrative proceedings. The form must comply with the Statutory Declarations Act 1959 (Cth) at the federal level, as well as relevant state-specific legislation. It typically includes the declarant's personal details, the substance of the declaration, and must be witnessed by an authorized person such as a Justice of the Peace, legal practitioner, or other qualified professional. Making a false declaration is a serious offense under Australian law, punishable by imprisonment.

What sections should be included in a New Declaration Form?

1. Title: Clear identification as a Statutory Declaration and reference to the relevant Act

2. Declarant Details: Full legal name, address, and occupation of the person making the declaration

3. Declaration Statement: The formal opening statement 'I solemnly declare that...'

4. Subject Matter: The main content of the declaration, clearly stated in numbered paragraphs

5. Truth Statement: Standard wording confirming the truth of the declaration

6. Understanding of Consequences: Statement acknowledging understanding that making a false declaration is punishable by law

7. Execution Block: Space for signature, date, and place of declaration

8. Witness Details: Space for authorized witness's name, qualification, and signature

What sections are optional to include in a New Declaration Form?

1. Interpreter Details: Required when the declarant needs an interpreter to understand the declaration

2. Supporting Documentation Reference: Section referring to attached documents when the declaration relies on specific evidence

3. Identity Verification: Additional section required when the declaration is being used for identity verification purposes

4. Privacy Notice: Required when the declaration involves collection of personal information covered by the Privacy Act

5. Electronic Execution Details: Required when the declaration is being made electronically under relevant electronic transaction laws

What schedules should be included in a New Declaration Form?

1. Identity Documents: Copies of identification documents referenced in the declaration

2. Supporting Evidence: Any documents or evidence referenced in the main declaration

3. Certificate of Translator: Required when the declaration has been translated or an interpreter was used

4. Guide for Authorized Witnesses: Information sheet for authorized witnesses about their obligations and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Australia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Healthcare

Education

Government

Real Estate

Immigration

Insurance

Banking

Professional Services

Construction

Retail

Non-profit Organizations

Transportation

Manufacturing

Relevant Teams

Legal

Compliance

Human Resources

Administration

Corporate Secretariat

Risk Management

Operations

Finance

Property Management

Document Control

Relevant Roles

Legal Counsel

Compliance Officer

Human Resources Manager

Administrative Assistant

Company Secretary

Risk Manager

Operations Manager

Project Manager

Financial Controller

Immigration Officer

Property Manager

Insurance Claims Handler

Recruitment Coordinator

Executive Assistant

Document Controller

Industries
Statutory Declarations Act 1959 (Cth): Federal legislation that sets out the requirements for making statutory declarations, including who can witness them and the consequences of making false declarations
Oaths and Affirmations Act 2018 (various states): State-specific legislation governing the taking of oaths and making of declarations, including the formal requirements for declarations
Privacy Act 1988 (Cth): Federal legislation governing the collection, use, and disclosure of personal information in declarations
Evidence Act 1995 (Cth): Federal legislation determining how declarations can be used as evidence in legal proceedings
Electronic Transactions Act 1999 (Cth): Federal legislation enabling electronic declarations and signatures where permitted
State Statutory Declarations Acts: State-specific legislation providing additional requirements for statutory declarations made under state law
Criminal Code Act 1995 (Cth): Federal legislation that outlines the penalties for making false declarations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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