Most of us need to use Statutory Declarations from time to time for legal purposes not related to court proceedings. Statutory Declarations are legal documents allowing a person to declare something to be true for the purpose of satisfying a legal requirement where no other evidence is available. It is a criminal offence to declare false information.
Examples of the usefulness of Statutory Declarations are proving a change of name or proving that a person was or was not in a particular place at a particular time or asserting other facts relevant to the legal matter in question. Evidentiary documents can be attached to statutory declarations, such as a marriage certificate to prove a change of name.
Justices or the Peace (JP) are free duly authorised officers that witness Statutory Declarations. JPs are widely available throughout the community, such as in public libraries, police stations and some shopping centres.
New laws and new approved forms for signing Commonwealth Statutory Declarations apply from 1 January 2024. They can now be signed in the following ways:
- Traditionally, in person as a paper-based interaction signed and witnessed in the presence of a JP or other authorised officer;
- Electronically, through an electronic signature and remote witnessing via audio-visual communication link; or
- Digitally verified, through the use of the myGov platform which authenticates the declarant’s digital identity through myGov. This option does not need a witness.
Statutory Declarations should be written to comply with the requirements of the authority to which they are being submitted.
Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au
