Three ways to make a Commonwealth statutory declaration
- Digitally in myGov, using your Digital ID. You do not need a witness.
- On the approved form, signed while an approved witness watches in person.
- 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- Declaring facts that are out of date by the closing date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
- Check the buyer's form and the law it names.
- Read every statement and confirm it is true on the closing date.
- Choose the right way to make it: digital, in person or by video, as the form allows.
- 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.