For declarations sworn outside NSW see s169 Conveyancing Act 1919. Declarations made under the Commonwealth legislation, Statutory Declarations Act 1959, should only be used in relation to Commonwealth legislation. However, we will accept them.
Australian Capital Territory
There is no specific ACT legislation dealing with declarations (the Oaths and Affirmations Act 1984 does not make provision for declarations). Statutory declarations in the ACT are made pursuant to the Commonwealth Statutory Declarations Act 1959.
Commonwealth
STATUTORY DECLARATIONS ACT 1959
Form
STATUTORY DECLARATIONS REGULATIONS 1993
THE SCHEDULE SECTION 8
I, (1) do solemnly and sincerely declare (2) And I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by the Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.
(3) Declared at the day of 20 Before me, (4) (5)
- Here insert name, address and occupation of person making the declaration.
- Here insert matter declared to.
- Signature of person making the declaration.
- Signature of person before whom the declaration is made.
- Here insert the title of person before whom the declaration is made.
Prescribed Persons
STATUTORY DECLARATIONS REGULATIONS 1993
SCHEDULE
PERSONS BEFORE WHOM A STATUTORY DECLARATION MAY BE MADE
Regulation 3
PART 1 MEMBERS OF CERTAIN PROFESSIONS
Chiropractor
Dentist
Legal practitioner
Medical practitioner
Nurse
Patent attorney
Pharmacist
Physiotherapist
Psychologist
Veterinary surgeon
PART 2 OTHER PERSONS
Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public Australian Consular Officer, or Australian Diplomatic Officer, (within the meaning of the Consular Fees Act 1955)
Bailiff
Bank officer with 5 or more continuous years of service
Building society officer with 5 or more years of continuous service
Chief executive officer of a Commonwealth court
Civil marriage celebrant
Clerk of a court
Commissioner for Affidavits
Commissioner for Declarations
Credit union officer with 5 or more years of continuous service
Fellow of the National Tax Accountants' Association
Finance company officer with 5 or more years of continuous service
Holder of a statutory office not specified in another item in this Part
Judge of a court
Justice of the Peace
Magistrate
Master of a court
Member of the Association of Taxation and Management Accountants
Member of the Australian Defence Force who is:
(a) an officer; or
(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service*;
or
warrant officer within the meaning of that Act
Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants
Member of the Institute of Corporate Managers, Secretaries and Administrators
Member of the Institution of Engineers, Australia, other than at the grade of student
Member of:
(a) the Parliament of the Commonwealth; or
(b) the Parliament of a State; or
(c) a Territory legislature; or
(d) a local government authority of a State or Territory
Minister of religion registered under Division 1 of Part IV of the Marriage Act 1961
Notary public
Permanent employee of:
(a) the Commonwealth or of a Commonwealth authority; or
(b) a State or Territory or of a State or Territory authority; or
(c) a local government authority;
with 5 or more years of continuous service who is not specified in another item in this Part
Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made
Police officer
Registrar, or Deputy Registrar, of a court
Senior Executive Service officer of the Commonwealth, or of a State or Territory, or of a Commonwealth, State or Territory authority
Sheriff
Sheriff's officer
Teacher employed on a full-time basis at a school or tertiary education institution
* non-commisioned officer means:
- a sailor holding a rank not higher than the rank of chief petty officer and not lower than the rank of leading seaman;
- a soldier holding a rank not higher than the rank of staff sergeant and not lower than the rank of lance-corporal; or
- an airman holding a rank not higher than the rank of flight sergeant and not lower than the rank of corporal.
(s.3 Defence Force Discipline Act 1982)
New South Wales
OATHS ACT 1900
Form
Sections 21 and 24 of the Oaths Act 1900 specify that a declaration may be made in or to the effect of the form in either Schedule 8 or 9 of the Act.
SCHEDULE 8
I, , do solemnly and sincerely declare that , and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.
SCHEDULE 9
I, , of (residence), do hereby solemnly declare and affirm that [the facts to be stated according to the declarant's knowledge, belief, or information, severally]. And I make this solemn declaration, as to the matter (or matters) aforesaid, according to the law in this behalf made-and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Note: Although the Oaths Act1900 does not make it a requirement to state at what place and on what date the declaration was made this is a requirement of s.169 of the Conveyancing Act 1919.
Prescribed Persons
Section 21
justice of the peace
notary public
commissioner of the court for taking affidavits
solicitor (with current practising certificate under Part 3 of the Legal Profession Act 1987)
other person by law authorised to administer an oath these include:
Registrar-General (s.5 Registrar-General Act1973)
Deputy Registrar-General (s.5 Registrar-General Act1973) (Deputy Registrar-General must be appointed by the Governor s.3)
Northern Territory
OATHS ACT
FORM
Schedule 8 [Section 23C(1)]
I, (1) do solemnly and sincerely declare (2)
And I make this solemn declaration by virtue of the Oaths Act and conscientiously believing the statements contained in this declaration to be true in every particular.
Declared at
The day of 20
(3)
Before me
(4)
(5)
- Name and address of person making the declaration.
- Here insert the matter declared to either directly following the word "declare" or, if the matter is lengthy, insert the words "as follows" and thereafter set out the matter in numbered paragraphs.
- Signature of the person making the declaration.
- Signature of the person before whom the declaration is made.
- Name and contact address or telephone number of the person before whom the declaration is made legibly written, typed or stamped.
Prescribed Persons
s.23C(1)(b)
The declaration is signed before any person who has attained the age of 18 years.
Queensland
OATHS ACT 1867
Form
Section 14
I A.B. do solemnly and sincerely declare that [let the person declare the facts] and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1867.
Prescribed Persons
Section 13(1)
A persons declaration may be taken by:
- A justice*, commissioner for declarations or notary public under the law of the State, the Commonwealth or another State; or
- A lawyer; or
- A conveyancer, or another person authorised to administer an oath, under the law of the State, the Commonwealth or another State.
* justice means a justice of the peace (s.36 Acts Interpretation Act 1954)
South Australia
OATHS ACT 1936
FORM
Section 25
I, do solemnly and sincerely declare that . And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act, 1936.
Prescribed Persons
Sections 25 & 34
A notary public
A justice for the State*
Any officer by law authorised to administer an oath or affirmation
Any proclaimed manger (a manager appointed by the Governor by proclamation to take declarations)
Any proclaimed member of the police force of the State (a member of the police force appointed by the Governor by proclamation to take declarations)
Provided that, if the declaration is made before a manager, or member of the police force the name of the town or other place where his office is situated, or he is stationed is stated on such declaration in connection with his signature and description.
*A justice for the State means a justice of the peace for the State (s.4 Acts Interpretation Act 1915)
Tasmania
OATHS ACT 2001
Form
Form 1, Schedule 1
I [name, address and occupation] do solemnly and sincerely declare that [facts].
I make this solemn declaration under the Oaths Act 2001.
Declared [place]
on [date] before me [person taking declaration]
Prescribed Persons
Sections 12, 14
Any justice*;
A person authorised by a court or judge to administer an oath;
A commissioner for declarations. A person is a commissioner for declarations if they are a member of a group listed in Parts 1 or 2 of the Schedule to the Statutory Declarations Regulations 1993 of the Commonwealth;
A Member of a group of persons declared by the Minister for Justice and Industrial Relations to be an occupational group for the purpose of s.12 (any such declaration to be published in the Gazette).
Note section 13, which paraphrased states:
A commissioner for declarations signing in that capacity is to add after his or her signature -
(a) commissioner for declarations; and
(b) his or her title if qualified under the Commonwealth Statutory Declarations Regulations 1993
* A justice means a justice of the peace, s. 46 Acts Interpretation Act 1931.
Victoria
EVIDENCE ACT 1958
Form
There is no specific wording however s.107 states:
A statutory declaration must - contain an acknowledgement that it is true and correct and is made in the belief that a person making a false declaration is liable to the penalties of perjury.
Also note s.109
After witnessing the signing of a declaration, the person by whom it is witnessed must legibly write, type or stamp his or her name and address below his or her own signature.
Prescribed Persons
107A - List of persons who may witness statutory declarations
Any of the following persons may witness the signing of a statutory declaration:
A justice of the peace or a bail justice;
A notary public;
A barrister and solicitor of the Supreme Court;
A clerk to a barrister and solicitor of the Supreme Court;
The prothonotary or a deputy prothonotary of the Supreme Court, the registrar or a deputy registrar of the County Court, the principal registrar of the Magistrates Court or a registrar or deputy registrar of the Magistrates Court;
The registrar of probates or an 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 Part XV of the Patents Act 1952 of the Commonwealth;
A member of the police force;
The sheriff or a deputy sheriff;
A member or former member of either House of the Parliament of Victoria;
A member or 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 practioner 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 teaching service;
The manager of a an authorised deposit-taking institution;
A member of the Institute of Chartered Accountants in Australia or the Australian Society of Accountants or the National Institute of Accountants;
The secretary of a building society;
A minister of religion authorised to celebrate marriages;
A person employed under Part 3 of the Public Sector Management and Employment Act 1998 with a classification that is prescribed as a classification to which this section applies or who holds office in a statutory authority with such a classification*;
A fellow of the Institute of Legal Executives (Victoria).
* 5. Prescribed classifications in the public service
The following classifications in the public service are prescribed classifications for the purposes of sections 107A and 123C of the Evidence Act 1958 -
non-executive employee (VPS-2, VPS-3, VPS-4 AND VPS-5);
executive (Level 1, Level 2 and Level 3);
Principal Scientist or Principal Scientist Level PS-1 and PS-2;
Child Adolescent and Family Welfare Officer CAWF1 to CAWF6 (inclusive);
Health and Community Services Worker HCS2 to HCS5 (inclusive);
Housing Services Officer HSO;
Senior medical Adviser SMA;
Mental Retardation Nurse MRN3 to MRN8 (inclusive).
* 6. Prescribed classifications in statutory authorities
An officer specified in column 2 in a statutory authority specified in column 1 is prescribed for the purposes of section 107A of the Evidence Act 1958 -
Column 1 Column 2
Statutory Authority Office
Transport Accident Commission Transport Accident Commission Officer
(except Job Groups 1 and 2)
Evidence (Affidavits and Statutory Declarations) Regulations 1998)
Western Australia
Oaths, Affidavits and Statutory Declarations Act 2005
On 1 January 2006 the Parliament of Western Australia proclaimed the Oaths, Affidavits and Statutory Declarations Act 2005 which makes changes to the manner in which oaths, affidavits and statutory declarations are administered and witnessed.
Professions that can now witness statutory declarations include:
- Academics - University faculties
- Architects
- Australian Consular Officers
- Australian Diplomatic Officers
- Auditors and liquidators
- Bank Managers
- Chartered Secretaries
- Chemists
- Accountant - as per the Act
- Chiropractor
- Defence Force Officer
- Dentist
- Doctors
- Electoral Registrars
- Engineers
- Industrial organisation secretaries
- Insurance brokers
- Justice of the Peace
- Lawyers
- Local government CEO's and Deputy Chiefs
- Local government councillors
- Loss adjusters
- Marriage celebrants
- Members of Parliament
- Minister of Religion
- Nurses
- Optometrists
- Patent Attorney
- Physiotherapists
- Podiatrists
- Police officer
- Post Office Managers
- Psychologist
- Public notary
- Public Servants (Commonwealth)
- Public Servants (State)
- Real Estate Agents
- Settlement agents
- Surveyor
- Teachers
- Veterinary Surgeons
- WA Police Service
For further information on commissioners for declarations or witnessing documents please contact (08) 9425 2896.
New Zealand
OATHS AND DECLARATIONS ACT 1957
Form
I, solemnly and sincerely declare that . And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.
Prescribed Persons
Section 9
Justice of the peace
Solicitor
Notary public
Registrar or Deputy Registrar of the High Court
Registrar or Deputy Registrar of the District Court
An employee of New Zealand Post Limited
An employee of Post Office Bank Limited
Officer in the service of the Crown
Officer in the service of a local authority who is authorised by the Minister for Justice to take declarations
Police officer
Member of Parliament
Other person by law authorised to take a declaration
Hong Kong
The former British Colony of Hong Kong is now the Hong Kong Special Administrative Unit of the People's Republic of China (PRC). The hand over of Hong Kong from Britain to the PRC was done on the basis of The Sino-British Joint Declaration on the Question of Hong Kong (The Declaration), signed 19 December 1984. As part of The Declaration it was agreed that Hong Kong's previous capitalist system and life-style would remain unchanged for 50 years. The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law are, in general, maintained.
OATHS AND DECLARATIONS ORDINANCE
Form
Section 14
A declaration shall be in one of the forms set out in Schedule 1.
If the declarant is unfamiliar with the official language in which the declaration is made, the declaration shall be in the form set out in Part II of Schedule 1 and the interpreter shall first make a declaration or take an oath in the form set out in Part III of Schedule 1.
Schedule 1
PART 1
Declaration
I, A.B., of , solemnly and sincerely declare that [Insert facts.]
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Ordinance.
(Signed) A.B.
Declared at in the Hong Kong Special Administrative Unit of the People's Republic of China this day of 20 .
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]
PART II
Declaration by person who is unfamiliar with the English language or the Chinese language
I, A.B., of , solemnly and sincerely declare that [Insert facts.]
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Ordinance.
(Signed) A.B.
Declared at in the Hong Kong Special Administrative Unit of the People's Republic of China this day of 20 , through the interpretation of [Insert name of interpreter] of [Insert address and occupation], the said interpreter having been also first declared [or sworn, as the case may be] that he had truly, distinctly, and audibly interpreted the contents of this document to the declarant, and that he would truly and faithfully interpret the declaration about to be administered to him.
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]
PART III
Declaration or oath by interpreter
I, C.D., of , solemnly and sincerely declare that I well understand the official language in which this document is written and [state language in which the contents of this document are interpreted] language and that I have truly, distinctly, and audibly interpreted the contents of this document to the declarant [Insert name], and that I will truly and faithfully interpret the declaration about to be administered to him.
(Signed) C.D.
Interpreter.
Declared at in the Hong Kong Special Administrative Unit of the People's Republic of China this day of 20 .
Before me,
[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]
Prescribed Persons
Section 12 PART III
A justice, notary, commissioner or other person authorized by law to administer an oath may take and receive the declaration of any person made before him in the manner provided by section 14.
Section 3 PART II
A court and a person acting judicially may administer an oath.
Note: Commissioner means a commissioner for oaths duly appointed by the Chief Justice under any enactment in force in Hong Kong.
Notary means a notary public duly registered by the Registrar of the High Court under section 40 of the Legal Practitioners Ordinance.
Justice mean a person appointed to be a justice of the peace under the Justices of the Peace Ordinance. (Section 2)
Singapore
Following repeal of the UK Statutory Declarations Act 1835 in Singapore by the Oaths and Declarations Act 2000, all declarations made after 1 January 2001 in Singapore must be made pursuant to the latter Act.
OATHS AND DECLARATIONS ACT 2000
Form
First Schedule
STATUTORY DECLARATION
I (1), , do solemnly and sincerely declare (2)
And I make this solemn declaration by virtue of the provisions of the Oaths and Declarations Act 2000, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.
(3)
Declared at the day of .
Before me,
(4)
(5)
Here insert name, address and occupation of person making the declaration.
Here insert matter declared to. Where the matter is long, add the words "as follows:" and then set out the matter in numbered paragraphs.
Signature of person making the declaration.
Signature of person before whom the declaration is made.
Here insert the title of person before whom the declaration is made.
Prescribed Persons
A court
A person acting judicially
Justice of the peace
Commissioner for oaths
Notary public
Other prescribed person
Section 169 Conveyancing Act 1919
169 Statutory declarations
(1) Any statutory declaration required by this Act or the Real Property Act 1900 or by the practice of conveyancers to be made for the proof in New South Wales of any fact may be taken or made:
(a) in any place in the said State before any justice of the peace, commissioner for affidavits, or notary public, or other person having authority to administer an oath in New South Wales,
(b) in any place out of the said State in which there is a local statutory provision enabling statutory declarations to be made for use in such place, then under and in pursuance of such provision,
(c) in any place out of the said State in which there is no such statutory provision, then under and in pursuance of the Imperial Declarations Act 1835, or any other Imperial Act in that behalf.
(2) The provisions of sections 21, 25, and 26 (A) of the Oaths Act 1900 shall apply to declarations made under this section.
(3) Any person before whom any declaration under this section is made shall state in the attestation thereof at what place and on what date the declaration was made.
United Kingdom
STATUTORY DECLARATIONS ACT 1835
(UK) (5 and 6 Will. 4 c. 62)
(Imperial Declarations Act 1835)
Declarations made in areas outside of Australia for which there is no local provision for the making of declarations must be made by virtue of the UK Statutory Declarations Act 1835 (s.15) (s.169 Conveyancing Act 1919). However, declarations can be made outside Australia at an Australian Embassy under the Statutory Declarations Act 1959 (Commonwealth).
Form
Schedule
I A.B. do solemnly and sincerely declare, that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.
Prescribed Persons
Justice of the peace
Commissioner for Oaths
Notary Public
Solicitor with current practicing certificate
