hesta@hesta.com.au | 1800 813 327 | Locked Bag 5136, Parramatta NSW 2124 | hesta.com.au statutory declaration Statutory Declarations Act 1959 Note 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959. The witness completes the rest of the form stating if your face was visible or not. Whether the witness has known you for 12months OR confirmed photographic evidence [describe identification document relied on] – the witness has to state the document sighted eg. [name of authorised witness] [qualification of authorised witness] certify the following matters concerning the making of this statutory declaration by the person who made it: [* please cross out any text that does not apply] 1. N/A. By signing it, you agree that the information in it is true. The terminology used in the legal industry regarding statements of evidence can be confusing. Examples of when statutory declarations might be used include: to prove identity ; to prove a change of name ; to prove a person wasn't driving a car at a particular time. A statutory declaration can be made under the Oaths Act 1867 or the Statutory Declarations Act 1959. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. Who can witness your statutory declaration; Download a Commonwealth statutory declaration form; Consultations and reviews; Publications ; A statutory declaration is a legal document that contains a written statement about something that is true. Witnessing statutory declarations. statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular. Both statutory declarations and affidavits can be made by any person on his or her own will. A NSW statutory declaration is made under the Oaths Act 1900. Oaths, Affidavits and Statutory Declarations Act 2005 (WA) SA. Statutory declarations . In some countries, certification of documents can also be referred to as 'notarisation' of documents. 2I am a [proposed] director of [insert name of company]. Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005 lists the people who are authorised to witness declarations in Western Australia. COVID-19: Financial Advisers and Accountants can now witness NSW statutory declarations. A NSW statutory declaration is made under the Oaths Act 1900. In brief - Summary and flowchart for witnessing statutory declarations and affidavits in NSW. Solicitor; or a registered Notary Public can witness NSW Statutory Declarations. Your statutory declaration will need to be witnessed and signed by an authorised witness, such as a Justice of the Peace (JP). A statutory declaration is a written statement that a person (the declarant) signs and declares to be true and correct in the presence of an authorised witness. A statutory declaration can be undertaken by a Lawyer, Notary Public, Justice of the Peace, or a court official and, in some countries, certain Police Officers. Published by Terry McCabe on Apr 29, 2020 As reported in our earlier article, the NSW Government recently made new regulations in response to the COVID-19 pandemic to make it easier for documents to be witnessed and attested. Yes. COVID-19: Financial Advisers and Accountants can now witness NSW statutory declarations . Statutory declarations; Lobbyists Watch List; Cancellation or suspension of registration ; Responsible officers and online training; NSW Electoral Commission decisions; Lobbyists online portal; Statutory declarations. The Department of Justice website for the full list of persons who can witness statutory declarations. Item Formal description Informal description 1. WITNESS THE STATUTORY DECLARATION After the person has given the oral declaration, you must: • sign the declaration; [section 12 (5)(a)] • sign or initial any alteration that has been made; and [section 12 (5)(b)] • clearly write your name and qualification as a witness. From today, financial planners and financial advisers have been granted status to sign statutory declarations under commonwealth legislation. N/A. 10. This article explores the difference between these documents and how they are used within the legal system: 1. Many people can be witnesses. People who can certify proof of identity documents in Australia are: any person who is entitled to witness a Commonwealth of Australia Statutory Declaration as prescribed in the Statutory Declaration Regulations 2018 (see below) You can look for a JP on the public register of JP’s . Stakeholders including the judiciary, the Law Society of NSW, the NSW Bar Association, Justice of the Peace associations and other relevant professional bodies were consulted on the changes. A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. If you intentionally make a false statement in a statutory declaration you can be charged with a criminal offence which carries the possibility of up to four years imprisonment. STATUTORY DECLARATION Oaths Act 1900 (NSW)1 I, [insert full name] of [insert residential address], do solemnly and sincerely declare that: 1. Anyone can make a statutory declaration under the Statutory Declarations Act 1959, including minors and retirees. STOP you must print this statutory declaration and sign it in front of a person mentioned over the page. N/A. Person employed under the Public Sector Management Act 1994 Part 3. An adult (≥ 18 years old), unless specified by another Act. N/A. If you are currently overseas, you may be able to locate an authorised witness at your nearest Australian Embassy, high commission or consulate. Oaths, Affidavits and Declarations Act 2010 (NT) VIC. 9. As an authorised statutory declaration witness, you can provide this help to the person making the statutory declaration. To facilitate the witnessing of NSW statutory declarations during COVID-19, the categories of people who are authorised to witness documents has been expanded in line with federal legislation. These are changes to the Oaths Act 1900 and relate to the steps to be taken to check identity. N/A. 1671 (11/2017) Page 1 of 1 . N/A. Toll Notice number: Vehicle registration number: I, [full name of person on toll notice] of [address] Phone number: give notice that the person named below was responsible for the trip: Catalogue No. 2. When Would You Need a Statutory Declaration. On this page. If you are interstate or overseas Applicants who are interstate or overseas must have their documents certified by a person authorised to do so in that State, Territory or country. N/A. In-house lawyers are often asked to witness documents being signed. Affidavit An affidavit […] I can witness a statutory declaration in the State or Territory where I live. QLD. Ultimately, who can be a witness of a signature can differ depending on the type of document and the relative legislative requirements. Statutory declaration for downloaded documents (PDF 25KB) Statutory declaration for downloaded documents - accessible alternative (TXT 1.3KB) Getting a statutory declaration witnessed. Signature of authorised witness: Tolling Notice Statutory Declaration – Individuals. A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness – usually a Justice of the Peace, a lawyer or a notary public. Can a minor witness a statutory declaration? N/A. WA. *I saw the face of the person … Any person who helps with these tasks must clearly write or stamp on the front page of the statutory declaration: their name and address; the help they provided to the person making the declaration. Under the changes, people who can witness statutory declarations include government employees, accountants, religious ministers, medical professionals and bank officers who meet the criteria will also be able to witness statutory declarations. From 30 April 2012 there are new requirements for witnessing the signing of affidavits, statutory declarations and affirmations in NSW. A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness — usually a JP, lawyer or notary public. A rubber stamp containing this information may be used. To facilitate the witnessing of NSW statutory declarations during COVID-19, the categories of people who are authorised to witness documents has been expanded in line with federal legislation. A statutory declaration is a sworn or affirmed statement and is usually used where there are no court proceedings but some fact needs to be proved. N/A. N/A. Why you would need a statutory declaration. There are two alternative formats specified in the Act, in the Eighth Schedule and in the Ninth Schedule. Under the Statutory Declarations Act 1835, a declaration can be made before anyone who is authorised by law to hear it (for example, a solicitor or legal executive), or before any justice of the peace. [section 12 (5)(c)] 4. NT. It must be witnessed by an approved person. In this this module we explain the types of statutory declarations you maybe asked to witness and debunk some common myths surrounding these documents. In some situations, it is enough to confirm a fact by statutory declaration, for example, when selling a property or applying for a loan, while in other cases, such as applying for probate or in divorce cases, an affidavit is required. N/A. Stakeholders including the judiciary, the Law Society of NSW, the NSW Bar Association, Justice of the Peace associations and other relevant professional bodies were consulted on the changes. The Statutory Declarations Regulations 1993 state that a person who is authorised to witness statutory declarations of a particular State or Territory can witness a Commonwealth statutory declaration where it is made in that State or Territory. Can I also witness a Commonwealth statutory declaration? You can be charged with a criminal offence if the information is false. Who can be a witness. Before you sign the form and fill in the date and place, you need to find an authorised witness. 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