This is a written statement stating certain facts to the best of the declarant's (the person making the declaration) knowledge or belief and is made subject to the provisions of certain legislation. A prescribed functionary (someone authorised by the appropriate Act to take the declaration) must witness the declarant's signature.
Statutory declarations must be made pursuant to the legislation applicable in the State they are made. In New South Wales, statutory declarations are made pursuant to the provisions of the Oaths Act 1900. The Oaths Act prescribes penalties for making a false declaration and/or for taking (witnessing) a declaration without authority (that is, by someone who is not a prescribed functionary).
A statutory declaration made in New South Wales shall be in the form, or to the effect of the form, in either the Eighth or Ninth Schedule of the Oaths Act 1900.
Eighth Schedule Declaration
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.
Ninth Schedule Declaration
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.
Real Property Act 1900 (Torrens title) dealing forms that require a statutory declaration, for example, Caveat (form 08X), or Application to Record Change of Name (form 10CN), have the appropriate wording incorporated in the form.
Prescribed functionaries in New South Wales
- justice of the peace
- notary public
- commissioner of the court for taking affidavits
- legal practitioner, ie a solicitor or a barrister with a current practising certificate issued under Part 3 of the Legal Profession Act 1987
- other person by law authorised to administer an oath.
A statutory declaration is similar to an oath and can only be made by a natural person. A statutory declaration on behalf of a corporation can be made by a director, secretary or some other authorised officer of the corporation who should state their name and source of knowledge and authority in making the statutory declaration.
A statutory declaration by an attorney (someone appointed under a power of attorney) must be made and signed in the name of that attorney. The attorney must only declare facts to the best of her or his knowledge or belief.
Statutory Declaration form (PDF 28 kb)
