Making a statutory declaration
Part of the Statutory declarations and affidavits topic
Understand the process to making a statutory declaration in person or electronically and download the form.
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In short
Use this guide to help you understand the process to making a statutory declaration, and whether you want to do it in person or electronically. There are steps you must follow on how to make the document lawfully and accurately.
What you should know
A statutory declaration is a written statement that is declared to be true and correct in the presence of an authorised adult or, in some instances, a special 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.
Knowingly making a false statement in a statutory declaration can be a criminal offence.
A person making a statutory declaration is called a signatory or declarant.
You can make a statutory declaration if you are:
- the signatory or declarant
- a substitute signatory (directed to sign on behalf of someone else).
Some entities only accept statutory declarations signed on paper, while others accept electronic signatures. You should find out what their requirements are first before you make the document.
The statutory declaration form asks for your address and the place where the declaration is signed.
If you have any safety concerns and it would be unsafe to reveal location information, you may exercise judgment and state your address only as ‘Queensland’ or ‘Australia’. 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.
Download the statutory declaration form
Choose a form version.
Word form
Download and fill in the form electronically, then print it to complete the form by hand.
PDF form
Download and fill in the form electronically, then print it to complete the form by hand
How to make a statutory declaration
Step 1: Gather proof of identity
Gather original proof of identity documents to verify who you are. These may include your:
- driver licence
- passport
- birth certificate.
See Proof of identity documents in the Help centre.
Step 2: Attach supporting documents
Attach electronic copies of any supporting documents to the statutory declaration.
Step 3: Find a special witness
A special witness is required to witness the statutory declaration electronically.
See Who can witness a statutory declaration or affidavit in Queensland fact sheet.
Step 4: Arrange an online meeting
Arrange an online meeting with your special witness. You may need to send them a digital copy of your statutory declaration.
Step 5: Make the declaration
In the online meeting with the special witness, 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.
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.’
Step 6: Sign the declaration in the online meeting
Sign the completed statutory declaration during the online meeting with the special witness. When signing, you should also initial:
- every page
- all changes and erasures.
You cannot make changes to the statutory declaration after you sign it.
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.
Substitute signatory
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.
You can only use a substitute signatory if you both meet with your witness—not before.
See Who can sign a statutory declaration or affidavit as a substitute signatory fact sheet
Step 1: Gather proof of identity
Gather original proof of identity documents to verify who you are. These may include your:
- driver licence
- passport
- birth certificate.
See proof of identity documents in the Help centre.
Step 2: Attach supporting documents
Attach any supporting documents to the statutory declaration. It is recommended that you and your witness initial each supporting document.
Step 3: Find an authorised witness
An authorised adult must witness the statutory declaration.
See Who can witness a statutory declaration or affidavit in Queensland fact sheet.
Step 4: Make the declaration
In the presence of the authorised witness, 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.
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.’
Step 5: Sign the declaration in person
Sign the completed statutory declaration in the presence of the authorised witness. When signing, you should also initial:
- every page
- all changes and erasures.
You cannot make changes to the statutory declaration after you sign it. After you sign, the witness will also need to sign the document.
Substitute signatory
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.
You can only use a substitute signatory if you both meet with your witness—not before.
See Who can sign a statutory declaration or affidavit as a substitute signatory fact sheet
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.