Statutory Declarations Act 1959 (the Act)
From 1 January 2024, the Act will provide three ways to make a Commonwealth statutory declarations:
- conventional paper-based execution involving wet-ink signatures and in-person witnessing;
- electronic execution by applying electronic signatures, with witnessing conducted by video link (for example, over zoom or skype); and
- digital execution using the myGov platform that authenticates the declarant's Digital Identity through myGovID.
Each method of execution will produce an equally valid Commonwealth statutory declaration.
The changes to the Act respond to the consultation on proposed reforms to the Act undertaken in July 2023.
New form for making a statutory declaration
Click here to access the approved form for making a statutory declaration that is witnessed (in-person, or remotely by video link) from 1 January 2024.
It is important that this form is used to make a Commonwealth statutory declaration from 1 January 2024.
myGov digital statutory declaration execution service – Update May 2024.
From 12 February 2024, the Australian Government has made it simpler and quicker to create Commonwealth statutory declarations for circumstances such as visa applications, insurance and superannuation claims, and legal evidence.
You can now create a Commonwealth statutory declaration using your Digital ID, through a new end-to-end digital process in myGov without the need to find an approved witness. All Australians can now complete a Commonwealth statutory declaration in three equally valid and legally effective forms:
- digitally through the myGov platform using myGovID,
- electronically using electronic signatures and video-link witnessing, and
- the traditional, paper-based method using wet-ink signatures.
If you would like further information, please visit www.ag.gov.au/legal-system/statutory-declarations.
myGov digital statutory declaration execution service – coming soon
The digital option is under development by Services Australia and will be available through myGov from early 2024. A person will be able to use their myGov account and Digital Identity to make a statutory declaration online, without needing a witness.
A statutory declaration made through myGov will include a QR code that can be used to verify the content of the declaration using the myGov app. myGov will not store a copy of completed declarations.
Further information will be provided on the AGD website, which will be updated on 1 January 2024, and again when the myGov Commonwealth statutory declaration service becomes available in early 2024.
For inquiries or discussions regarding the upcoming changes, please feel free to contact: [email protected].