Statutory declarations in tenders

By the Visionex Solutions bid teamLast reviewed 03/11/20265 minute read
The short answerSome tenders ask you to swear facts in a statutory declaration. Check which form the buyer requires. A Commonwealth statutory declaration can be made digitally through myGov with your Digital ID and no witness, or on the approved form signed in front of an approved witness, in person or by video link. State and territory declarations have their own rules.

Three ways to make a Commonwealth statutory declaration

  1. Digitally in myGov, using your Digital ID. You do not need a witness.
  2. On the approved form, signed while an approved witness watches in person.
  3. On the approved form, signed while an approved witness watches by video link.

Source: Attorney-General's Department.

State and territory declarations are different

The Attorney-General's Department says state and territory statutory declarations have different requirements. If the buyer supplies its own form or names a state law, follow those rules and check who may witness it.

Common mistakes

  • Using the wrong form for the buyer
  • Signing before the witness is present, where a witness is needed
  • Leaving the witness details incomplete
  • Declaring facts that are out of date by the closing date

Why tenders ask for one

Buyers use statutory declarations to get a formal statement of facts they cannot easily check, such as no conflicts of interest, compliance with laws, or the accuracy of information. Making a false statement in a statutory declaration is an offence, so read every clause before you declare it.

Before you sign

  1. Check the buyer's form and the law it names.
  2. Read every statement and confirm it is true on the closing date.
  3. Choose the right way to make it: digital, in person or by video, as the form allows.
  4. Complete every witness field where a witness is required.

Questions

Does a tender statutory declaration need a witness?

It depends on the form. A digital Commonwealth declaration through myGov does not. Paper forms, and state and territory forms, have their own witness rules.

Can I sign a statutory declaration by video?

For a Commonwealth declaration on the approved form, an approved witness can watch by video link (Attorney-General's Department).

Can I use the digital myGov option for a state form?

No. The digital myGov option is for Commonwealth statutory declarations. State and territory forms follow their own rules.

Sources

Written by the bid team at Visionex Solutions, Melbourne tender consultants and the makers of BidPal. General information only, not legal advice.