A statutory declaration is a sworn or affirmed statement and is usually used where there are no court proceedings but some fact needs to be proved.
Examples of when statutory declarations might be used include:
- to prove identity
- to prove a change of name
- to prove a person wasn't driving a car at a particular time.
It is an offence to lie in a statutory declaration.
The person making a statutory declaration is called the "declarant".
When you write a statutory declaration, you should include:
- your full name
- your address
- your occupation
- a statement that you "do solemnly and sincerely declare".
Once you have included these 'formal' parts, you should then write the facts that you want to declare are true. You should:
- put each of the facts into separate paragraphs
- put the paragraphs in date (chronological) order
- finish with a statement that you "make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1900".
You should then make sure your statutory declaration is signed and witnessed as in the example below (but with your name and your witnesses' name instead).
For more information on what to put in a statutory declaration, see Checklist: Writing statutory declarations.
Declaration under the Oaths Act 1900 - New South Wales
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1900.
Declared at Sydney )
this 18 day of September 2011 )
_______________________________________________[Signature of declarant]
[Signature of person before whom the declaration is made]
I, .........Barry Butt............., a ...............solicitor....................,
You can get blank Statutory Declaration Forms for NSW matters on the Department of Justice website. If you are making the declaration for a Commonwealth matter or Commonwealth Government department, Commonwealth statutory declaration forms are available at the Commonwealth Attorney General's website.