What is a statutory declaration?

If you’re applying for a visa, you might be asked to write a statutory declaration to confirm that what they are writing is true. The statutory declaration is more powerful as you must affirm the statement before an authorised witness such as a justice of the peace or a legal practitioner.

As migration is governed by federal law, our clients generally use the Commonwealth Statutory Declaration (not the state or territory ones). We usually ask our clients to write a statutory declaration where what they are saying is especially critical to their application and/or what they are saying cannot be substantiated by third-party evidence.

How do I write a statutory declaration?

First, you will need to insert your full name, address and occupation into the first section of the declaration.

Second, you will need to type the body of what you are trying to declare in section two. The body of text should be separated into smaller paragraphs for readability. Your lawyer should give you an indication or template of what should be written here.

To then complete the form properly, you will need to sign at section 3.

Your authorised should, at the same time and location, sign at section 8 and complete section 9.

Who should witness my statutory declaration?

Justices of the Peace (JP) can witness your statutory declaration but the good news is that you do not need a JP to witness it. We all know that finding a JP on short notice is a difficult and often frustrating exercise.

Below are just some of the commonly found occupations who can validly witness your statutory declaration. In our experience, most people are happy to quickly and without an extra fee witness your statutory declaration as long as they are asked nicely. However, it is ultimately up to the approved witness whether they want to charge a fee (although JPs are not permitted to do so).

Architect
Chiropractor
Dentist
Financial adviser
Financial Planner
Legal practitioner
Medical practitioner
Midwife
Migration agent registered under Division 3 of Part 3 of the Migration Act 1958
Nurse
Occupational therapist
Optometrist
Patent attorney
Pharmacist
Physiotherapist
Psychologist
Trade marks attorney
Veterinary surgeon

For a full list of occupations that can witness your statutory declaration, please refer to this list.

You will need to bring identification documents to the witness as they are required to check your identity.

Who cannot witness my statutory declaration?

First and most obviously, you cannot witness your own statutory declaration even if you work in one of the approved witness occupations.

Secondly, people who have retired from the approved witness occupations are also not permitted to witness your document.

How Can Agape Henry Crux Help

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.