Statutory Declarations

What is a statutory declaration?

A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. By signing the written statement, you agree that the information in it is true, and you can be charged with perjury if the information is false.

To make a statutory declaration, download and complete the statutory declaration form, then have it witnessed by one of the many people authorised to do so. Statutory declaration forms may also be obtained from most court houses and police stations.

Download a Statutory Declaration Form.pdf

Who can witness a statutory declaration?

Under the Evidence (miscellaneous provisions) Act 1958, there are many people who may witness the signing of a statutory declaration in Victoria:

  • a justice of the peace or a bail justice
  • a public notary
  • an Australian lawyer (within the meaning of the Legal Profession Act 2004)
  • a clerk to an Australian lawyer
  • the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or the deputy registrar of the County Court, the principal registrar of the Magistrates' Court or the registrar or the deputy registrar of the Magistrates' Court
  • the registrar of probates and the assistant registrar of probates
  • the associate to a judge of the Supreme Court or of the County Court
  • the secretary of a master of the Supreme Court or of the County Court
  • a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth
  • a member of the police force
  • the sheriff or deputy sheriff
  • a member or a former member of either House of the Parliament of Victoria
  • a member or a former member of either House of the Parliament of the Commonwealth
  • a councillor of a municipality
  • a senior officer of a council as defined in the Local Government Act 1989
  • a registered medical practitioner within the meaning of the Medical Practice Act 1994
  • a registered dentist within the meaning of the Dental Practice Act 1999
  • a veterinary practitioner
  • a pharmacist
  • a principal in the (State) teaching service
  • the manager of a bank
  • a member of the Institute of Chartered Accountants in Australia or CPA or the National Institute of Accountants
  • the secretary of a building society
  • a minister of religion authorised to celebrate marriages (not a civil celebrant)
  • a person employed under Part 3 of the Public Administration Act 2004 with a classification that is prescribed as a classification for statutory declarations, or who holds office in a statutory authority with such a classification
  • a fellow of the Institute of Legal Executives (Victoria).

Download the Guidelines for Authorised Witnesses.pdf


Updated : 3:16 PM, 9 December 2013

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