Statutory Declaration for Australia

Statutory Declaration Template for Australia

A Statutory Declaration is a formal written statement of fact made under oath or affirmation, governed by the Australian Statutory Declarations Act 1959 (Cth) and related regulations. This legal document allows individuals to declare something to be true for official purposes, with the understanding that making a false declaration is a criminal offense punishable by law. The declaration must be witnessed by an authorized person as specified in the legislation, such as a lawyer, medical practitioner, or justice of the peace, and follows a prescribed format that includes specific mandatory elements to ensure its validity under Australian law.

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What is a Statutory Declaration?

A Statutory Declaration is a formal legal document widely used in Australian jurisdictions for various official purposes. This document type is governed by the Statutory Declarations Act 1959 (Cth) and allows individuals to make formal declarations about facts they believe to be true. Statutory Declarations are commonly required for various business and personal matters, including employment applications, financial statements, insurance claims, and government applications. The document must be signed in the presence of an authorized witness, and making a false declaration is a serious offense that can result in criminal penalties. The format and requirements are strictly prescribed by legislation, making it essential to follow the correct procedures for the declaration to be legally valid.

What sections should be included in a Statutory Declaration?

1. Title: Must clearly state 'Commonwealth of Australia - STATUTORY DECLARATION - Statutory Declarations Act 1959'

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

3. Declaration Content: The main statement beginning with 'I solemnly declare and affirm that...' followed by the facts being declared

4. Understanding of Obligations: Standard text acknowledging that the declarant understands making a false statement is punishable by law

5. Signature Block: Space for declarant's signature and date

6. Witness Details: Full name, qualification/category of authorized witness, and address of the witness

7. Witness Attestation: Standard text confirming the declaration was signed in the presence of the authorized witness

What sections are optional to include in a Statutory Declaration?

1. Supporting Information Section: Additional paragraphs providing context or background to the main declaration, used when the declaration requires explanation or context

2. Reference to Attachments: Section referring to any attached documents that support the declaration, used when physical evidence needs to be included

3. Interpreter Details: Section for interpreter details and certification, used when the declarant requires an interpreter

4. Additional Witness Requirements: Extra witness requirements for specific jurisdictions or purposes, used when required by specific authorities

What schedules should be included in a Statutory Declaration?

1. Supporting Documents: Copies of relevant documents referenced in the declaration, marked as annexures

2. Photographic Evidence: If relevant, photographs or images referenced in the declaration, marked as annexures

3. List of Referenced Items: When multiple items are referenced, a numbered list of all attachments included with the declaration

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

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

Insurance

Banking

Construction

Manufacturing

Retail

Professional Services

Non-profit Organizations

Transportation

Telecommunications

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Administration

Finance

Operations

Corporate Services

Insurance

Property Management

Procurement

Quality Assurance

Executive Office

Relevant Roles

Human Resources Manager

Legal Counsel

Compliance Officer

Risk Manager

Administrative Officer

Company Secretary

Finance Manager

Operations Manager

Project Manager

Business Development Manager

Insurance Claims Officer

Property Manager

Procurement Officer

Quality Assurance Manager

Executive Assistant

Industries
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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