By Rania Prakash, Legal Assistant, Queensland Law Society
A statutory declaration is a type of legal document that sets our facts that you declare to be true and accurate. It can be used for many purposes and can be requested by a person, organisation or government agency.
A Queensland statutory declaration does not expire, as long as the information it contains is true. However, some organisations that request statutory declarations may have time limits. Some common uses for statutory declarations include:
- Legal evidence
- Insurance claims
- Visa applications
Employment and leave applicationsIf you make a false statement on purpose, you can be charged with an offence. The Commonwealth. States and territories all have different statutory declaration requirements. We can only provide information about Queensland statutory declarations. For more information about other jurisdictions, please visit the Attorney-General’s Department website.
Ways to make a Queensland statutory declaration?
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the approved form as observed by an approved witness in-person
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the approved form as observed by an approved witness remotely using video link (such as over Zoom, Microsoft Teams, Skype or Facetime)You can choose whichever way you prefer. Each one creates an equally valid Queensland statutory declaration.
The Queensland Government website has downloadable pdf and word versions of the form alongside detailed Fact Sheets to assist you.
Who can be an approved witness?
A statutory declaration or an affidavit under the Oaths Act 1867 must ordinarily be signed by the person making it (you), and your signature must be witnessed by another person. Who can be a witness depends on how the document is signed (on paper or electronically), and how the document is witnessed (in person or by audio visual link (AV link)).
If your statutory declaration is signed on paper and witnessed in person, the witness can be:
- a Justice of the Peace (JP)
- a Commissioner for Declarations (Cdec)
- a notary public
- a lawyer
- a conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State, or
- a person that is prescribed by regulation
If your statutory declaration or an affidavit is either signed electronically, or witnessed via AV link, the witness must be a special witness, or another person prescribed by regulation.
A special witness can be:
- an Australian legal practitioner
- a government legal officer who is an Australian lawyer and witnesses documents as part of their government work
- a JP or Cdec who has been approved as a special witness
- if the document was prepared by a law practice – a JP or Cdec employed by the law practice who witnesses documents as part of their employment
- a notary public, or
- if the document was prepared by the Public Trustee of Queensland – a JP or Cdec employed by the Public Trustee.
The Queensland Government’s Publications portal has a Fact Sheet on who can witness a statutory declaration or affidavit in Queensland we recommend reviewing.
Get Help
This article contains general information about Queensland statutory declarations, including what you can use them for and how to complete or witness one. We cannot provide information about the specific contents of a statutory declaration. You should direct such questions to the person or organisation that has asked you to complete the statutory declaration.
Alternatively, please seek independent legal advice.
