Statutory Declaration Form Complete Guide
A statutory declaration form allows you to make a formal written statement that you declare to be true and correct.
People use statutory declarations for many purposes, including employment matters, insurance claims, proof of personal circumstances, and legal or government processes.
However, choosing the correct form matters. If your declaration relates to a Victorian matter, you may use the Victorian statutory declaration process. In contrast, if your declaration relates to a Commonwealth matter such as an Australian visa or passport, you generally need a Commonwealth statutory declaration.
What Is a Statutory Declaration Form?
A statutory declaration form records facts that you formally declare as true.
You, as the person making the declaration, take responsibility for the information you provide. Therefore, you should check every statement carefully before signing.
Providing false information in a statutory declaration can lead to serious legal consequences.
People commonly use statutory declarations to:
- confirm personal circumstances;
- support employment or leave matters;
- verify information;
- explain events or circumstances;
- support insurance claims; or
- provide information for government or legal purposes.
How to Complete a Statutory Declaration Form in Victoria
The Victorian process follows several straightforward steps.
Step 1: Download and Complete the Statutory Declaration Form
First, download the current statutory declaration form.
You can fill in information such as:
- your full name;
- address;
- occupation; and
- the facts you want to declare.
Write clearly and organise complicated information in chronological order.
However, if you plan to use an authorised witness, do not sign the declaration before the required witnessing process.
Download a Sample Statutory Declaration Form
Use the sample as a reference to understand the general format and information required when preparing a statutory declaration.
What Should You Write in the Declaration?
Keep your statement focused on the purpose of the declaration.
For example, if you need to explain an event, include:
- what happened;
- when it happened;
- who was involved;
- any relevant circumstances; and
- any supporting documents.
Avoid adding unrelated information simply to make the declaration longer.
Step 2: Find Someone Who Can Witness the Statutory Declaration Form
Next, arrange an authorised witness.
In Victoria, authorised witnesses can include certain:
- Justices of the Peace;
- police officers;
- court registrars;
- medical practitioners;
- dentists;
- bank managers; and
- other authorised professionals.
Before attending, contact the person or organisation and confirm that someone can witness your declaration.
An authorised person does not have to provide witnessing services simply because their profession qualifies them.
Important tip: Confirm your witness before signing anything.
Step 3: Sign Your Statutory Declaration Form
You can complete a Victorian statutory declaration either in person or online, provided you follow the applicable requirements.
Completing the Form in Person
When you meet your authorised witness, you and the witness should follow the required signing procedure.
You may need to:
- sign or initial alterations;
- sign or initial each page;
- make the required declaration in front of the witness; and
- sign and date the final page.
The witness then adds the required information, including their name, address and qualification as an authorised witness.
What Do You Say When Making a Statutory Declaration?
When making a Victorian statutory declaration, you declare in front of your witness that the contents of the document are true and correct.
Use the wording required by the Victorian statutory declaration process rather than creating your own declaration statement.
This formal step confirms that you accept responsibility for the truth of the information.
Can You Make a Victorian Statutory Declaration Overseas?
Yes, you can make a Victorian statutory declaration while interstate or overseas if you follow the applicable requirements and use an appropriate witness.
However, first consider whether you actually need a Victorian declaration.
If your matter concerns an Australian visa, passport or another Commonwealth matter, you generally need a Commonwealth statutory declaration form instead.
This distinction can save you from preparing the wrong document.
When Should You Consider Legal Help With a Statutory Declaration?
You may benefit from legal advice when the declaration relates to:
- immigration or visa matters;
- court proceedings;
- disputed facts;
- significant inconsistencies;
- complex family circumstances; or
- information that could have legal consequences.
If your statutory declaration form relates to an Australian immigration matter, Emigrate Lawyers can help you determine which type of declaration you need and review the information alongside your visa documents.
Legal advice can become particularly useful when the wording of a declaration may affect another application or legal process.
FAQ
Q1. What is a statutory declaration in Australia?
A- A statutory declaration is a formal written statement in which you declare that the information you provide is true and correct.
Q2. Can I write my own statutory declaration in Australia?
A- Yes, you can prepare your own statutory declaration, provided you use the correct form and follow the applicable signing and witnessing requirements.
Q3. How do I get a stat dec in Victoria?
A- You can download the Victorian statutory declaration form from the Victorian Government website and complete it before arranging an authorised witness.
Q4. What do you write in a statutory declaration?
A- Write the relevant facts clearly and accurately, including important dates, circumstances and supporting details related to the purpose of the declaration.
Final Thoughts
A statutory declaration form provides a formal way to confirm facts, but completing the correct document matters just as much as writing the statement itself.
First, determine whether you need a Victorian or a Commonwealth declaration. Next, prepare accurate information, arrange an authorised witness, and follow the correct signing process.
If your statutory declaration relates to an Australian visa or immigration matter, Emigrate Lawyers can provide legal guidance and help you ensure that your declaration remains consistent with the rest of your immigration documents.
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