Statutory Declarations

JPs and Cdecs witness large numbers of statutory declarations, second only to certified copies in popularity. A number of residents have asked how to acquire copies of the statutory declaration forms and this article describes how to do this.

What is a Statutory Declaration

A Queensland statutory declaration comes under the Oaths Act 1867 and is deemed to be a written statement that is declared to be true in the presence of a witness. JPs and Cdecs can witness statutory declarations. The person making the statement is the signatory or declarant. Making a false statement is a criminal offence.

You should use a Queensland Statutory Declaration if you are sending the declaration to State Government department or agency, a court or tribunal, or dealing with a Queensland institution or business located in the state. Recent changes to the Oaths Act have resulted in some changes:

• a new printed Form 1 that extends to 2 or 3 pages

• a new electronic Form 1 in Word format that can be filled in on a computer

• the ability for the declaration to be witnessed online by a special witness (JP with specialised training)

These changes came in on 30 April 2022.

A declaration for a Federal Government department, court, institution or agency should use a different Commonwealth Statutory Declaration form under the Federal Statutory Declarations Act 1959.

Statutory Declaration Forms

Visit the Queensland Government Publications Portal to download copies of the forms:

https://www.publications.qld.gov.au/dataset/statutory-declaration

Commonly you should click on the link to the Statutory Declaration - Print Version, then on the blue Download button. Save the downloaded PDF file and print out a copy. It is 6 pages long but pages 1, 5 and 6 contain information about the form and instructions on how to complete it. You would normally fill in the 2nd page by hand but do not write on the 3rd page until you are in the presence of the witness, ie the JP or Cdec. The relevant 2 pages are shown at the bottom of this page. Clicking on the arrow at the top right of the form allows you pop it out and download it.

Remember the witness will ask for signed photo ID (usually a driver licence) and will ask you to agree that the statement is correct. You will sign in the presence of the witness and enter your full name.

The procedure for a Commonwealth Statutory Declaration form is similar, but requires a different form obtained at:

https://www.ag.gov.au/sites/default/files/2022-02/commonwealth-statutory-declaration-form.pdf

This is normally a single page with the signatures appearing on the bottom of the form. Again do not sign the form until you in the presence of the witness.