Statutory declarations Guide
This guide explains how to make a statutory declaration, including what to include in it and how to declare and sign it.
What is a statutory declaration?
A statutory declaration is a written statement that is declared to be true and correct in the presence of an authorised witness.
Statutory declarations are used in many settings. They are mainly used in dealings with organisations (government and non-government). For example, an insurer can verify information by statutory declaration.
Sometimes they can be used as evidence in a court or tribunal proceeding.
Knowingly making a false statement in a statutory declaration can be a criminal offence.
Declarations
When a person makes a declaration, they are declaring that the contents of the statutory declaration are either:
- true
- true to the best of their knowledge, where the contents are stated on the basis of information and belief.
A person making a statutory declaration is called a signatory or declarant.
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Download a statutory declaration form
There are many different forms that include a statutory declaration, depending on:
- what it is for
- how you will use it.
Which form to use
There isn’t one universal form you must use to make a statutory declaration. Some court and tribunal forms contain a statutory declaration. Government departments may also approve their own forms that contain a statutory declaration for particular purposes.
The Department of Justice has approved and published a statutory declaration form for use from 3 February 2025. This form complies with the requirements of the Oaths Act 1867.
Download the statutory declaration form
The notes in the left-hand margin of the form—and the information in this guide—will help you make a statutory declaration.
This form can be used to make any type of statutory declaration whether it is:
- signed physically or electronically
- witnessed by someone in person or via audio visual link
- signed by you or a substitute signatory.
Using the form
You’re not legally required to use the statutory declaration form. However, it does help you make sure your statutory declaration follows the requirements in the Oaths Act 1867.
Generally, a statutory declaration must state:
‘I, [name], do solemnly and sincerely declare that [declare the facts here] and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1867.’
You and your witness must also include particular statements and information.
You can write a statutory declaration by hand or on a computer.
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A witness for a statutory declaration
A statutory declaration under the Oaths Act 1867 in Queensland must be signed in the presence of an authorised witness.
Who can witness your statutory declaration depends on:
- how it is signed—on paper or electronically
- how it is witnessed—in person or by audio visual link.
See the Who can witness a statutory declaration or affidavit in Queensland fact sheet for more information.
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Information a statutory declaration must include
You and your witness must include certain information and statements on the statutory declaration.
If you have safety concerns
The statutory declaration form asks for your address and the place where the declaration is signed.
You may exercise judgment and state your address only as ‘Queensland’ or ‘Australia’ if it would be unsafe to reveal this information. For example, if there are worries about domestic, family, or sexual violence.
A witness must provide more personal information at the bottom of the form. Witnesses should refer to the Witness information for statutory declarations or affidavits fact sheet for more information.
Information you must include
You need to make sure your statutory declaration includes the following information on it—this should be at the end of the statutory declaration near where you sign:
‘The contents of this statutory declaration are true, except where they are stated on the basis of information and belief, in which case they are true to the best of my knowledge. I understand that a person who makes a declaration that the person knows is false in a material particular commits an offence.’
On the approved form, this statement is already included in a grey box near where you sign.
If you sign the statutory declaration electronically, you will also need to indicate that:
'This statutory declaration was made in the form of an electronic document.’
‘This statutory declaration was electronically signed.’
If your statutory declaration was signed or witnessed over audio visual link, you will also need to indicate that:
‘This statutory declaration was made, signed and witnessed under Part 6A of the Oaths Act 1867.’
On the approved form, this information can be indicated by ticking the appropriate boxes near where you sign.
Information the witness must include
The witness must also include particular information on the statutory declaration. See the Witness information for statutory declarations or affidavits fact sheet for more information.
Attachments
You can attach documents to your statutory declaration. If you refer to a document in your statutory declaration, you should attach it to the declaration.
Attachments are usually marked with letters (A, B, C, etc). You can also use numbers (1, 2, 3, etc) or other references.
It is recommended that you and the witness sign or initial each attachment.
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Making a statutory declaration
You can make a statutory declaration in a few different ways.
In person
You can meet your witness in person and sign your declaration on paper or electronically.
See the Who can witness a statutory declaration or affidavit in Queensland fact sheet to find out who can witness it in person.
If you are having your statutory declaration witnessed at a JPs in the Community location (e.g. if you are in a shopping centre) they can usually sign your document on paper. They can only sign electronically if they are a special witness.
Learn about special witnesses in the Who can witness a statutory declaration or affidavit in Queensland fact sheet.
If your lawyer witnesses the document, you can sign it either on paper or electronically. Your lawyer will tell you which option is best for you.
Preparing to meet
Before you meet with the witness, you should:
- ensure you are using the most current statutory declaration form or that your declaration follows the requirements in the Oaths Act 1867
- complete your statutory declaration, but do not sign it yet—your witness must see you signing the form so only sign it when you are with them.
When you meet
When you meet with your witness:
- bring your proof of identity—they will need to verify who you are
- answer their questions—they need to ensure you understand the nature and contents of the document and that you are making it freely and voluntarily.
Audio visual link
Instead of meeting in person you can meet your special witness over audio visual link. This means you can meet online using a videoconferencing platform such as:
- Zoom
- Skype
- Microsoft Teams.
You must use both video and audio in the meeting.
Before meeting online
Before meeting your special witness, they may:
- ask you to send them a copy of your statutory declaration
- let you know what software and technology options are available.
In the online meeting
Witnessing over audio visual link allows you to sign the statutory declaration electronically or on paper.
If signing electronically, you will need to share your screen with the witness. This is so they can see you sign with your electronic signature.
If signing on paper, you will need to angle your camera so the witness can see you sign the document. You should hold each page up to the camera so they can see your signature or initials.
After you sign, the witness will also need to sign the document. The witness does not need to sign the same document. They can sign a copy of the document or a counterpart. A counterpart is an identical copy of the document you signed, but without your signature.
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Declaring a statutory declaration
You will need to declare that the contents of your statutory declaration are either:
- true
- true to the best of your knowledge if stated on the basis of information and belief.
Making the declaration
The witness might ask you:
‘Do you solemnly and sincerely declare that the contents of this declaration are true and correct to the best of your knowledge and belief?’
Then you might respond with:
‘I solemnly and sincerely declare that the contents of this declaration are true and correct to the best of my knowledge and belief.’
Or:
‘I do so declare.’
After your declaration
After you make the declaration, you or your substitute signatory will need to sign the statutory declaration form. You must sign it in the presence of your witness.
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Signing a statutory declaration
You can either sign your statutory declaration on paper or by using an electronic signature.
Refer to the Witness information for statutory declarations or affidavits fact sheet to find out more.
When signing, you should also initial:
- every page
- all changes and erasures.
You cannot make changes to the statutory declaration after you sign it.
Signing on paper
If you will be signing your declaration on paper, you and your witness must sign:
- the same original paper document
- on the same day and in each other’s presence.
It is recommended you sign using a pen with blue or black ink.
Signing by electronic signature
You can also use software to apply an electronic signature to your statutory declaration if it is witnessed by a special witness.
For example, you can:
- sign using a digital signature in your PDF reader
- use an online document signing platform
- paste an image of your handwritten signature into the document.
If your statutory declaration is signed electronically, your special witness can sign the same document or a true copy. They can also sign a copy of the statutory declaration that does not contain your signature (called a counterpart).
Learn about special witnesses in the Who can witness a statutory declaration or affidavit in Queensland fact sheet.
Land title or water allocation dealing
Some entities only accept statutory declarations signed on paper, while others accept electronic signatures. You should find out what their requirements are first.
If your statutory declaration will be lodged or deposited in the land registry or water allocations register, you cannot sign it electronically. You must sign on paper.
However, if the land transaction is done using eConveyancing, you can sign the statutory declaration electronically.
Asking someone else to sign for you
You can direct another person to sign the document for you. This person is called a substitute signatory.
For example, you can direct someone else to sign for you if you:
- physically cannot sign the document yourself
- have difficulties applying an electronic signature.
What a substitute signatory does
The role of the substitute signatory is simply to sign the document for you.
The statutory declaration is made in your name. This means you must declare that the contents of the statutory declaration are true to the best of your knowledge and belief. The substitute signatory cannot do this for you.
Who can be a substitute signatory
Generally, any adult can be a substitute signatory for you. However, check the requirements of the entity you are providing your statutory declaration to.
If the document will be filed or admitted into evidence in a proceeding, these people cannot be a substitute signatory for you:
- the witness to the statutory declaration
- a person who is another party to the proceeding
- a relative of a person who is another party to the proceeding.
If you will direct the substitute signatory to sign the document over audio visual link, they must be one of the following:
- an Australian legal practitioner
- a government legal officer who both
- is an Australian lawyer
- witnesses documents in the course of their government work
- an employee of the Public Trustee of Queensland.
There may also be others who cannot be your substitute signatory, depending on the type of proceeding involved. See the Who can sign a statutory declaration or affidavit as a substitute signatory fact sheet for more information.
When to sign
You can only direct someone to sign the statutory declaration for you when you both meet with your witness—not before.
Both you and the substitute signatory must meet with the witness at the same time to make the document. This applies whether you meet in person or over audio visual link.
At the meeting, the witness must observe you directing the substitute signatory to sign for you.
They must be satisfied that you are freely and voluntarily:
- making the statutory declaration
- directing the substitute signatory to sign for you.
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After a statutory declaration is made
Once you make your statutory declaration you can use it how you wish. If you file it in a court or tribunal, it is recommended that you keep a copy of it for your own records.
How you make your statutory declaration may impact how you should lodge the document or retain it for records. For example:
- If you lodge or deposit the statutory declaration with the land registry, you may need to provide the original physical document.
- You may have made your statutory declaration using counterparts (that is, where you and your witness signed a different copy of the document). All counterparts must be lodged or deposited together. For example, if you are lodging it with the land registry or water allocations register or a court or tribunal.
- If you electronically file a statutory declaration in a court or tribunal, you must keep the original document for at least 7 years after you file it.
Statutory declarations, 03 Feb 2025, [https://www.qldgovau.staging-services.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/making-important-legal-documents/statutory-declarations]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://www.qldgovau.staging-services.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/making-important-legal-documents/statutory-declarations.