What is a statutory declaration?
As defined by the Australian Government, Attorney-General’s Department, a statutory declaration is a legal document that contains a written statement of fact(s) that you declare to be true. It must be witnessed by an approved person.
It is important to know that in providing your statutory declaration if you make a false statement on purpose, you can be charged with an offence.
How do I write a statutory declaration?
A Queensland Government statutory declaration form is available online to download and complete. The information below can be used to help you with writing your statutory declaration.
When you write a statutory declaration, you should:
- only write things you know to be true
- only include relevant information
- write in numbered paragraphs
- number every page.
If you need to include any other documents as part of your statutory declaration you should attach these documents as annexures. Making sure that:
- you give a brief description of what you are attaching in the text of your declaration
- each annexure is identified by letters, such as "A", followed by "B"
- the annexure clearly states that it is part of a statutory declaration.
Note: you do not need to sign the annexure.
Who qualifies as an approved witness and where can I find someone to witness my statutory declaration?
A person that is approved or qualified to witness a statutory declaration is a person such as a Justice of the Peace, Commissioner for Declarations (Cdecs) or a lawyer. A statutory declaration must be witnessed by a solicitor or Justice of the Peace to be considered legal.
Find a Justice of the Peace (JPs) or Commissioners for Declarations (Cdecs) to witness your statutory declaration.
Can I change my statutory declaration once I have had it witnessed?
To change anything in your statutory declaration after your witness has signed it, you must make the changes in front of the same witness. You and your witness need to write your initials next to every change.
If there are many changes, it may be easier to complete a new statutory declaration. An approved witness must sign the new declaration.
Your statutory declaration is valid as long as the information in it is true.
You cannot revoke a statutory declaration. If you need to change a statutory declaration because the facts have changed, you should write a new one.