How To Complete a Statutory Declaration in NSW for Your Business Legal Needs

Running a business in New South Wales often means proving facts on paper - fast and accurately. That’s where statutory declarations (or “stat decs”) come in. Whether you’re applying for a licence, confirming details for a government agency or bank, or smoothing a procurement process, knowing how to complete the NSW statutory declaration properly helps you avoid delays and keep things moving.

If filling out legal forms isn’t your day-to-day, don’t stress. With a clear checklist and the right witness, you can complete a stat dec confidently in minutes. In this guide, we’ll explain what a statutory declaration is, when you’ll need one, which form to use (NSW vs Commonwealth), the step-by-step process to complete it, and the rules around witnessing - including remote witnessing that’s now permanently allowed in NSW.

Let’s break it down so you can get it right the first time.

What Is A Statutory Declaration In NSW?

A statutory declaration is a written statement you sign and declare to be true, and it must be witnessed by an authorised person. In NSW, stat decs are made under the Oaths Act 1900 (NSW) and are commonly used to confirm facts to government bodies, councils, banks, insurers, and other organisations.

Think of it as a formal, legally recognised statement of truth for administrative and business purposes - different to an affidavit, which is generally used in court proceedings. Making a false declaration is a criminal offence, so accuracy matters.

Common business scenarios where you may be asked for a stat dec include:

• Licences and permits (e.g. liquor, construction, childcare) where you must confirm ownership, financial standing, or compliance history.
• Council approvals relating to premises, land use, or specific business activities.
• Procurement or grant applications that require eligibility statements or supplier declarations.
• Banking or insurance processes where you need to verify identity, authority to act, or certain events.
• Operational compliance, such as confirming internal processes or policies to a regulator or partner.

If you’d like a deeper dive into when NSW businesses use statutory declarations and how they work in practice, see our detailed guide on statutory declarations in NSW.

NSW vs Commonwealth Forms: Which One Should You Use?

This is a common point of confusion. There are two main statutory declaration regimes in Australia:

• NSW statutory declarations under the Oaths Act 1900 (NSW) - used for NSW matters.
• Commonwealth statutory declarations under the Statutory Declarations Act 1959 (Cth) - used where a Commonwealth agency (or a party that accepts Commonwealth forms) requests it.

As a rule of thumb, use the NSW form when the request comes from a NSW authority or relates to a NSW law or process (for example, a local council, a NSW state licence, or a NSW regulator). Some organisations will accept a Commonwealth statutory declaration, others will insist on the NSW form. Always check the instructions from the requesting body.

Two practical tips:

• Use the latest version of the form. The wording is prescribed by law and is occasionally updated.
• Don’t create your own template. If the wording isn’t in the prescribed form, your declaration may be rejected.

How To Complete A Statutory Declaration (Step-By-Step)

Completing a stat dec is straightforward if you follow the sequence. Here’s a step-by-step you can rely on.

1) Get The Correct Form

• Download the current NSW statutory declaration form (or the Commonwealth form if the requester specifies it).
• Save a clean copy. If you’re filling by hand, print in clear block letters and use black or blue pen.

2) Enter Your Details Exactly As Requested

• Include your full legal name, residential or business address (as requested), and your occupation.
• Avoid abbreviations that could create confusion later (e.g. write “Managing Director” instead of “MD”).

3) Write Your Statement Of Facts

• State the facts you are declaring clearly and concisely. Stick to what you personally know to be true.
• Use numbered paragraphs for multiple points. Example: “1. I am a director of (ACN/ABN). 2. I have authority to submit . 3. The information set out in is true and correct.”
• Attach referenced documents if needed (e.g. schedules, copies, or exhibits) and label them clearly.

4) Don’t Sign Yet - Arrange A Witness

• You must sign in front of an authorised witness (more on who qualifies below). Do not sign in advance.
• Bring valid ID if you’re meeting a witness who doesn’t know you personally.

5) Sign And Have The Witness Sign

• Sign and date the declaration in the presence of the witness.
• The witness checks your identity, watches you sign, and then completes and signs the witness section including their name, qualification and (if applicable) registration number.

6) Final Checks And Submission

• Check that all required pages are signed, and that any alterations are initialled by both you and the witness.
• Submit the stat dec exactly as the requesting body asks (original, certified copy, or electronic copy).

Avoid These Common Pitfalls

• Signing before you meet the witness - this invalidates the declaration.
• Using the wrong form (NSW instead of Commonwealth, or vice versa) when the requester has specified a particular one.
• Relying on an unauthorised witness. If in doubt, confirm their status first.
• Leaving vague statements (“to the best of my knowledge” isn’t required language for NSW stat decs - make clear statements of fact you know to be true).

Witnessing Requirements In NSW (In‑Person And Remote)

Witnessing is where most issues occur, so it’s worth getting this part right.

Who Can Witness A NSW Statutory Declaration?

NSW law sets out specific categories of authorised witnesses. Common examples include:

• Australian legal practitioners (solicitors and barristers).
• Justices of the Peace (JPs).
• Notaries public.
• Registrars or deputy registrars of a court.

Importantly, categories used in other states aren’t always valid for NSW. For example, “commissioners for declarations” are a Queensland role and not a NSW witness category, and a police officer is not an authorised witness in NSW unless they separately hold an authorised role (such as being a JP).

For a clear rundown of how the Oaths Act works and the roles it recognises, see our explainer on authorised witnesses under the NSW Oaths Act. If you’re uncertain about a particular person, our general guide on who can witness a signature is also a helpful checkpoint.

Can You Use Remote Witnessing In NSW?

Yes. Remote (audio‑visual) witnessing was introduced during the pandemic and has since been made permanent in NSW, with specific steps you must follow. In short:

• The witness must see you sign in real time over audio‑visual link.
• The witness must either sign a counterpart or sign a scanned copy of the signed document.
• The witness must endorse on the document that it was witnessed by audio‑visual link and identify the technology used.
• The witness must be reasonably satisfied as to your identity and that the document they’re signing is the same document (or a true copy) that you signed.

These are practical, workable steps - and very helpful when timelines are tight or travel is difficult. For details and good practice tips, check our guide to remote witnessing in NSW.

Practical Witnessing Tips

• Book a JP at a local service centre or library if you don’t have access to a lawyer or notary.
• Bring photo ID if the witness doesn’t know you personally.
• If you need to correct a word, strike it through neatly and have both you and the witness initial the change. If there are many changes, start a fresh form to keep it clean.

Key Legal Documents To Have In Place

Statutory declarations usually sit alongside a broader compliance picture. As you manage licences, grants, contracts and day‑to‑day operations, the right documents protect your position and reduce risk. Depending on your business model, consider:

• Business Terms and Conditions: The rules for supplying your goods or services - payment terms, timeframes, warranties, and liability.
• Privacy Policy: Explains how you collect, use and store personal information, and is essential if you collect customer or employee data.
• Shareholders Agreement: Sets decision‑making, ownership, exits, and dispute resolution between co‑founders and investors.
• Non‑Disclosure Agreement (NDA): Protects confidential information when you’re dealing with suppliers, partners, or prospective investors.
• Supply Agreement: Locks in scope, pricing, quality standards and delivery timeframes with key suppliers or subcontractors.
• Employment Contract: Clarifies duties, hours, pay, IP ownership and post‑employment restrictions for your team.

You may not need every document on day one, but getting the essentials in place early helps you respond quickly when lenders, insurers, or procurement panels ask for evidence. It also reduces the chance you’ll need a statutory declaration to “patch” gaps later.

Key Takeaways

• A statutory declaration is a formal statement of fact used for administrative and business purposes in NSW; accuracy is critical because false declarations are a criminal offence.
• Use the NSW form when a NSW authority or NSW process requires it; some organisations accept the Commonwealth form, so follow the requester’s instructions.
• Complete the form carefully, sign only in front of an authorised witness, and ensure any corrections are initialled by you and the witness.
• Authorised NSW witnesses include Australian legal practitioners, JPs, notaries public and court registrars; categories from other states don’t automatically apply in NSW.
• Remote witnessing via audio‑visual link is permanently allowed in NSW if you follow the required steps and endorsements.
• Strong core documents - such as Business Terms and Conditions, a Privacy Policy, an NDA, a Shareholders Agreement and Employment Contracts - reduce risk and keep processes smooth when third parties ask for proof.

If you’d like a consultation on statutory declarations in NSW or help with your business legal documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.