Accepting a Commonwealth statutory declaration

Who can request a Commonwealth statutory declaration

Any person is allowed to request that another person make a Commonwealth statutory declaration for any lawful reason.

For example, a person can request a Commonwealth statutory declaration to meet a requirement under law, under an agreement or for some internal process – such as evidence of illness for taking personal leave at work.

To access the factsheet for requesters of statutory declarations (stat decs), please email statdec@ag.gov.au.

Accepting a completed Commonwealth statutory declaration

If you've asked someone to make a Commonwealth statutory declaration for your processes, they can do so by following the Statutory Declarations Act 1959.

Any type of Commonwealth statutory declaration made under this Act carries the same legal weight, whether it is made via in-person witnessing with a wet-ink signature, remote witnessing with an electronic signature, or through myGov.

If you prefer a specific type of Commonwealth statutory declaration, it's best to discuss this with the other person when making the request. However, the declarant has the right to make a declaration in the way they feel most comfortable with.

How to verify a digital statutory declaration

The Statutory Declarations Regulations 2023 require that completed digital Commonwealth statutory declarations contain information that can be used to verify the declaration is genuine and unaltered.

For example, digital Commonwealth statutory declarations made using myGov will have a QR code on them. Anyone who has a copy of your digital declaration can scan the QR code in the myGov app to verify it by comparing the text and details on the QR code page with the declaration received.

Learn more about myGov QR codes on myGov’s website.

Concerns of false information, fraud or incorrectly-made Commonwealth statutory declarations

If you are concerned that a completed Commonwealth statutory declaration contains false information, was not made by the person who should have completed it or was not made in front of an approved witness or legitimately through myGov, there are several options to address your concerns:

  • Where digital verification has been used, you can verify the digital statutory declaration (see above).
  • You can ask the person or organisation responsible for the process that the Commonwealth statutory declaration is being used for.
  • You can ask the declarant questions about the contents of their statutory declaration.
  • Where a witness has been used, you can contact the witness. Witnesses are not required to review a declarant's ID or keep records of any statutory declarations they have witnessed and so they may not able to assist with questions about the declarant.
  • You can refuse to accept the Commonwealth statutory declaration.

Intentionally making a false statutory declaration is a Commonwealth offence under the Act, and fraud is an offence under all jurisdictions. The Australian Federal Police has responsibility for prosecuting Commonwealth offences.

If you are concerned about a false statutory declaration, report it to the Australian Federal Police and select 'Fraud and corruption' from the 'Select a crime or concern' drop-down. Alternatively, you can report it to your local police by calling 131 444.

If you are concerned that a completed Commonwealth statutory declaration was not made in accordance with the Act, you should first review the steps for making a Commonwealth statutory declaration in any of the allowed ways. See about Commonwealth statutory declarations.

We do not provide advice about the conduct of criminal or civil proceedings relating to false or fraudulent statutory declarations. 
If you are concerned about fraud against you or your organisation, you can learn more at: