Statutory Declarations in NSW: When and How to Use Them Legally

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If you’re starting a new business or handling important personal documents in New South Wales, understanding statutory declarations is essential. At Sprintlaw, we’re here to break down what a statutory declaration is, who can make one, how the witnessing process works, and why this legal tool is so vital. This guide is designed to provide you with clear and practical information about statutory declarations in NSW – all while keeping things simple and straight to the point.

What Is a Statutory Declaration?

A statutory declaration is a formal written statement declared to be true in the presence of an authorised witness. It is not used as evidence in court the same way as an affidavit, but it is a legally binding document for verifying facts. Whether you need to confirm a change of address, verify your identity, or support documents with government bodies, a statutory declaration plays an important role in affirming the veracity of your statements.

In NSW, a statutory declaration must comply with specific guidelines set out in legislation. The declaration is made by a natural person – although, in limited circumstances, an authorised officer of a corporation can make a declaration on behalf of the company. This document is particularly useful for situations where you need to apply for a new permit, update your business registration details, or even when transferring fines or other official documents.

Why Are Statutory Declarations Important?

There are several reasons why statutory declarations are so crucial:

Verification of Facts: They provide a sworn statement that supports the accuracy of the information presented.
Ease of Process: Statutory declarations can be prepared quickly and with minimal hassle compared to other formal affidavits.
Legal Assurance: By signing the document in the presence of an authorised witness, you are assuring the truthfulness of your statement under penalty, thereby reducing the risk of future disputes.

This tool is particularly useful for small business owners, individuals handling official paperwork, and anyone needing to certify facts without going to court. If you’re looking to get your business off the ground, you might want to check out our Operating as a Sole Trader guide for more information on getting started with your business structure.

Who Can Make a Statutory Declaration in NSW?

In New South Wales, statutory declarations must be made by natural persons – that is, individuals who are of sound mind and legally capable of confirming the truth of their statements. While a person cannot make a declaration on behalf of someone else, an authorised officer of a corporation may be permitted to make a declaration on the organization’s behalf. This is particularly relevant for directors or company officers who need to provide a confirmation about company details.

If you are operating your business as a sole trader, the process of making a statutory declaration is straightforward. Still not sure if your business structure is right for you? Check out our article on Operating as a Sole Trader for more insights on your options.

Who Can Witness a Statutory Declaration in NSW?

For your statutory declaration to be valid, it must be witnessed by an authorised person. In NSW, the list of authorised witnesses typically includes:

Justices of the Peace (JP)
Notaries Public
Commissioners for taking affidavits
Legal Practitioners
Persons authorised to administer oaths

The witness plays a crucial role by verifying the identity of the declarant and confirming that the declaration is being made willingly and competently. For those new to the process, it is recommended that you have valid photo identification on hand, such as a driver’s licence or passport.

Forms and Templates: Eighth and Ninth Schedule

Statutory declarations in NSW are typically made using either the Eighth or Ninth Schedule forms. These forms standardize how the declaration is to be written and ensure that all necessary legal requirements are met:

Eighth Schedule Form: This form requires you to declare that you conscientiously believe the information stated in your declaration is true. It is straightforward and is used for a range of everyday declarations.
Ninth Schedule Form: With this form, you state the facts based on your knowledge, belief, or information and then declare the statement under the law. It carries the same legal weight under penalties for false statements.

Both forms ensure that you include all important details. If you need assistance with legal document drafting, check out our guide on What Is a Contract? to learn more about the essential elements of legal documents.

The Witnessing Process and Identity Verification

When making a statutory declaration, the process of witnessing is straightforward, yet rigorous in order to maintain its integrity:

Personal Appearance: The witness must see the declarant’s face and, if possible, have known them for a sufficient period (generally at least 12 months). If the witness does not know you personally, they must verify your identity with approved documents.
Approved Identification: The most common forms of identification include driver’s licences and passports. Always ensure that the identification provided is current and acceptable under NSW guidelines.
Verification of Competence: The witness should also verify that you are competent – that is, of sound mind – to make the declaration and fully understand the consequences of providing false information.

This witnessing process is an integral part of ensuring the declaration is credible and can be relied upon should any verification be required in the future.

Penalties for Making a False Declaration

It’s important to appreciate that a statutory declaration is a legal document. Making a false statement in a statutory declaration is a serious offence under NSW law. If a false statement is made knowingly, the declarant may face penalties which could include fines or other legal consequences.

Before signing your declaration, ensure that every fact is accurate. If you’re unsure about any part of your statement, it might be worth seeking professional legal advice. Taking shortcuts or making assumptions can lead to difficulties down the road, particularly if discrepancies are discovered during a verification process or legal audit.

How to Prepare a Statutory Declaration in NSW

Drafting a statutory declaration correctly is key to its validity. Here are a few tips to ensure that your statement meets all legal standards:

Be Precise: Write your declaration in clear language and include all relevant details. Avoid ambiguous terminology that might obscure the facts.
Use the Correct Form: Depending on your circumstances, ensure you are using either the Eighth or Ninth Schedule form. Making an incorrect choice could affect the legal acceptability of your declaration.
Review Thoroughly: Double-check all facts and figures before signing. Remember, any corrections or amendments should be initialled by both you and the witness.
Keep a Copy: Once the statutory declaration is signed and witnessed, keep a copy for your records. This can be useful in case you need to refer to it later.

For small business owners who often deal with various legal documents, having the right set-up for your legal processes is crucial. Consider reading our article on How to Start a Business from Home to get more insights on managing legal documentation for your business.

Additional Considerations for Small Business Owners

Statutory declarations are not just for personal matters – they can also play a role in business operations. For instance, when registering your business or updating important records, a statutory declaration might be requested as evidence to support the accuracy of your details.

Maintaining legal compliance often involves having several supporting documents in place. In addition to statutory declarations, you might also need:

A clear and robust Privacy Policy if you collect and handle personal information.
Website Terms and Conditions to govern electronic transactions and online interactions.
Proper business registration and structure documents, such as those discussed in our Quick Tips for Registering a Company in Australia article.

These documents, when combined with a properly executed statutory declaration, create a comprehensive legal foundation for your business activities.

Frequently Asked Questions about Statutory Declarations in NSW

Do I need a statutory declaration for everyday transactions?

Not necessarily. Statutory declarations are typically used for specific scenarios where a written, sworn statement is required by government agencies or business partners. For routine transactions, other types of legal agreements or documents might be more appropriate.

Can I use a statutory declaration in court?

Although statutory declarations are sworn statements, they are generally not accepted as substitutes for sworn affidavits in court proceedings. However, they can serve as supporting evidence or be used in administrative processes.

How do I know which form to use: Eighth or Ninth Schedule?

The choice depends on the requirements of the agency or the situation. The Eighth Schedule form is generally used when you are declaring that you conscientiously believe the information to be true, while the Ninth Schedule form is used when you need to state facts based on your knowledge or belief with the added legal consequence for any false statement.

What happens if I make an error in my statutory declaration?

If you discover an error in your declaration, the best course of action is to make a corrected version. Amendments should be clearly initialled by both you and the witness. Given the potential legal ramifications, it’s vital to ensure that your declaration is accurate before you sign it.

Key Takeaways

A statutory declaration is a sworn written statement used to verify facts and support official processes in NSW.
Only natural persons (or, in limited cases, authorised corporate officers) can make a statutory declaration.
Authorized witnesses – including JPs, notaries, and legal practitioners – play a crucial role in validating these declarations.
There are two primary forms used in NSW: the Eighth Schedule and the Ninth Schedule, each with specific wording and requirements.
Accuracy is paramount; any deliberate false declaration can lead to serious legal consequences.
For small business owners, statutory declarations often form part of a broader set of legal documents, including privacy policies and website terms.
For further legal guidance on related documents, you might also consider our articles on What Is a Contract? and When Do You Need a Privacy Policy?

If you would like a consultation on statutory declaration NSW, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

Alex Solo

Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.

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