When Businesses Need A Statutory Declaration In Australia

Running a small business often means you’re asked to “put it in writing” - especially when something can’t easily be proven with standard documents.

That’s where a statutory declaration (sometimes called a stat declaration or stat dec) comes in. It’s a formal written statement that a person declares to be true, in front of an authorised witness.

For business owners, statutory declarations can be useful (and sometimes required) when you’re dealing with government agencies, banks, insurers, tenders, disputes, and even internal HR processes. But because it’s a formal legal document, it’s important you get the wording, signing, and witnessing right - otherwise it may not be accepted, and you may lose valuable time.

Below, we’ll walk you through what a statutory declaration is, when your business might need one, and how to prepare it in a way that’s clear, compliant, and practical.

What Is A Statutory Declaration (And Why Do Businesses Use Them)?

A statutory declaration is a written statement where the person making it (the “declarant”) declares that the information is true and correct, and signs it in front of an authorised witness.

In Australia, statutory declarations are commonly used when:

• you need to confirm facts or events; and
• you can’t easily provide other evidence (like a contract, receipt, medical certificate, or official record).

From a business perspective, statutory declarations can help you:

• meet a compliance requirement (for example, where a government process asks for a stat dec under a particular law or form);
• support an application (for example, finance, licensing, or permits);
• resolve an administrative issue (for example, correcting details or explaining missing records);
• create a clear paper trail when a matter needs a formal statement.

Even though it’s not the same as giving evidence in court, a statutory declaration is still a serious legal document. Making a false statement can lead to penalties (which is why many organisations treat a stat dec as a reliable way to verify information).

Statutory Declaration vs Affidavit: What’s The Difference?

Businesses often confuse statutory declarations with affidavits.

• Statutory declaration: a formal declaration used for many administrative and government processes. It’s usually simpler and commonly used outside court.
• Affidavit: a sworn statement often used for court proceedings (and typically has stricter formality requirements).

If you’re unsure which one you need, it’s worth getting advice early - using the wrong document can cause delays, especially when you’re dealing with regulators, tenders, or disputes.

When Might Your Business Need A Statutory Declaration?

There isn’t one single “business” reason for a statutory declaration - it depends on your industry and the situation you’re trying to document.

However, small businesses commonly use a statutory declaration in the following scenarios.

1. Government Forms, Licences, Permits And Registrations

Government agencies sometimes ask for a statutory declaration when:

• you’re confirming a fact relevant to an application (such as operational details or history);
• you need to correct or clarify information on a record; or
• supporting documents are unavailable and you need to explain why.

For example, if you’re updating details or dealing with a missing document, a stat dec may be accepted as part of a “reasonable explanation” package. Whether it will be accepted (and which form you need) depends on the agency and whether they require a Commonwealth statutory declaration or a State/Territory statutory declaration.

2. Banking And Finance (Loans, Guarantees, Account Changes)

Banks and financiers sometimes request a statutory declaration to support:

• identity or relationship confirmations (particularly where standard documents don’t match);
• proof of business circumstances; or
• explanations for gaps, changes, or administrative issues.

If someone is signing or dealing with the bank on your behalf, you may also need a separate authority document (depending on the bank’s requirements). In some cases, an Authority To Act Form is a more appropriate tool than a stat dec because it’s specifically designed to appoint someone to act for you.

3. Insurance Claims And Incident Reporting

If something goes wrong - theft, damage, workplace incidents, or a customer complaint - insurers or third parties may ask for a statutory declaration where:

• you need to record what happened in a formal way; and
• other evidence is limited or incomplete.

A well-prepared stat dec can help you set out a clear timeline, confirm who was involved, and describe what you observed (without speculation). Keep in mind that some insurers have their own preferred forms and evidence requirements, so it’s best to check what they will accept before you spend time preparing a declaration.

4. Employment And HR Situations

Even though statutory declarations are often discussed in an employee context, they can be relevant for employers too - especially when you’re trying to keep your records clean and your processes consistent.

Common examples include:

• an employee who can’t obtain standard evidence for an absence (in limited situations);
• recording a workplace incident or complaint where you need a formal written account; or
• supporting a process where you need written declarations from witnesses.

If you’re dealing with sick leave documentation, you’ll want to ensure your internal process is fair and compliant. In practice, a statutory declaration may sometimes be used as evidence, similar to the approach discussed in statutory declaration for sick leave scenarios - but as an employer, you should apply this consistently and keep the focus on what your policies (and any applicable award) allow.

If you have staff, it’s also worth ensuring your core documents are up to date, like your Employment Contract, so you’re not trying to “patch” a documentation gap later with ad hoc statements.

5. Tenders, Supplier Onboarding And Commercial Requirements

Some larger customers, suppliers, and government procurement processes require declarations relating to:

• conflicts of interest;
• past conduct or compliance history;
• business operations and capability; or
• accuracy of information provided in tender submissions.

In these situations, the stat dec usually isn’t about “proving everything”, but rather formally confirming the truth of what you’ve stated in your tender or onboarding documents. It’s also common for the tender owner or procurement team to specify the exact form of declaration they want (including whether they’ll accept a Commonwealth or State/Territory declaration).

What Must Be Included In A Statutory Declaration?

While the exact format can differ depending on whether you’re using a Commonwealth or State/Territory statutory declaration (and what the receiving organisation requires), most statutory declarations have a similar structure.

As a general guide, your statutory declaration should include:

• Declarant’s details: full legal name, address, and occupation (often required).
• The declaration statement: wording confirming you “solemnly and sincerely declare” that the contents are true.
• The facts being declared: clearly written, numbered or in paragraphs, and limited to what the person actually knows.
• Date and place: where and when it was made.
• Signature of the declarant: signed in front of the witness (not later).
• Witness details and signature: including the witness’s qualification (for example, Justice of the Peace).

In many cases, the safest approach is to use the form (or template) prescribed by the relevant law or provided by the organisation requesting it. For example, Commonwealth statutory declarations are generally made using the prescribed form under the Statutory Declarations Act 1959 (Cth) and Statutory Declarations Regulations 2018 (Cth), while each State and Territory has its own statutory declaration legislation and approved forms.

Write Facts, Not Arguments

A statutory declaration is strongest when it’s factual and specific.

Encourage the person making the declaration to include:

• dates, times, and locations (where possible);
• what they personally saw, did, or received;
• what documents exist (and what is missing, if relevant); and
• how they know the information (first-hand vs second-hand).

Try to avoid:

• assumptions (“I think…”);
• opinions (“they were careless…”);
• legal conclusions (“they breached the contract…”); or
• emotional language.

If you need to explain a commercial dispute or a contract issue, it’s often better to get legal help with the broader strategy rather than relying on a stat dec as your main tool.

Who Can Witness A Statutory Declaration In Australia?

This is where many businesses get caught out. A statutory declaration generally needs to be witnessed by an authorised person, and who qualifies can vary depending on whether the declaration is made under Commonwealth law or under your State/Territory law.

Common authorised witnesses often include Justices of the Peace (JPs), lawyers, and notaries public - but the exact list depends on the type of statutory declaration and the jurisdiction (and in some cases, the receiving organisation’s requirements as well).

Because witnessing is so important, it helps to treat it as a “non-negotiable” step. If the wrong person witnesses the document, the receiving organisation may reject it.

If you’re unsure about witnessing rules and formalities, it’s helpful to have a plain-English reference point internally. The practical basics are set out well in witness signature rules.

Do Different States Have Different Witnessing Rules?

Yes - and this is why you should avoid using a random template without checking what’s required.

For example, in NSW there are specific authorised witness categories commonly referred to for declarations and related documents. If your matter touches NSW processes, the overview in NSW authorised witnesses can help you sanity-check whether you’re on the right track.

If your business operates across multiple States (or you’re signing interstate), it’s a good idea to confirm what the receiving party requires, not just what’s “generally acceptable”. This includes confirming whether they require a Commonwealth statutory declaration or a State/Territory statutory declaration, and whether they have a preferred template.

Can A Statutory Declaration Be Witnessed Remotely?

In some jurisdictions and situations, remote witnessing may be available (for example, via audio-visual link), but it’s not universal and often comes with extra steps.

If your stat dec is time-sensitive (for example, a tender deadline), confirm early:

• whether remote witnessing is legally available for the kind of statutory declaration you’re making (Commonwealth vs State/Territory); and
• whether the organisation receiving it will accept a remotely witnessed document (some still require in-person witnessing as a matter of policy).

How To Prepare A Statutory Declaration For Your Business (Step-By-Step)

If you’re preparing a statutory declaration for your business (or asking someone else to prepare one for you), having a simple process can save you a lot of time.

Step 1: Confirm Exactly What The Stat Dec Needs To Cover

Start by clarifying:

• Who is requesting the statutory declaration? (a bank, insurer, government agency, supplier, etc.)
• What are they trying to verify?
• Is there a required template or wording?
• Is a statutory declaration actually required? (Sometimes a letter, email, or authority document is enough.)

If the real issue is that someone needs permission to act for the business (rather than a declaration of facts), a written authority may be more suitable - for example, a letter of authority can be a cleaner way to delegate tasks like collecting documents, speaking to providers, or handling administrative steps.

Step 2: Identify The Right Declarant

The “right” person to make the declaration is usually the person who:

• has direct knowledge of the facts; and
• can honestly confirm those facts are true.

In a business context, this might be a director, owner, manager, bookkeeper, supervisor, or staff member - depending on what’s being declared.

Avoid using someone senior purely for status if they don’t actually know the details. A statutory declaration is not the place for guesswork.

Step 3: Draft The Facts Clearly (And Keep It Tight)

When you draft the body of the statutory declaration, aim for:

• short paragraphs (one idea per paragraph);
• chronological order (especially for incidents or timelines);
• specific details (dates, invoice numbers, job references); and
• only what’s necessary for the purpose of the stat dec.

Where you can, refer to attached documents as “Annexures” or “Attachments” and label them clearly (for example, “Attachment A - Invoice dated 3 March 2026”). If your stat dec becomes too long, the risk is that it becomes confusing - and confusion is often what leads to follow-up questions and delays.

Step 4: Check The Formal Requirements Before Signing

Before anyone signs, double-check:

• the correct template is being used (Commonwealth vs State/Territory, if relevant);
• the declarant’s details match their identification documents;
• the witness is authorised for that type of declaration; and
• any required statements or warnings are included.

This is also the time to make sure names are consistent across documents. If your business has recently changed names or structures, make sure your key business details (including ABN/ACN and trading name) match across related paperwork so you don’t create avoidable admin delays.

Step 5: Sign In The Correct Order (In Front Of The Witness)

Many statutory declarations require the declarant to sign in front of the witness - not later, and not separately.

As a practical workflow:

1. Print the final version (unless electronic signing is clearly allowed and accepted).
2. Meet the authorised witness with appropriate identification.
3. The declarant signs first (as required by the form).
4. The witness signs and completes their details.
5. Make a high-quality copy for your records.

If the stat dec includes attachments, keep the full set together, and ensure attachments are correctly referenced.

Step 6: Store It Properly (And Treat It Like A Key Business Record)

A statutory declaration is the kind of document you may need to produce later - for example, if the bank asks again, an insurer audits the claim, or a regulator wants more information.

Create an internal process for:

• secure storage (cloud folder with permissions, or locked filing);
• version control (final signed copy vs drafts); and
• retention (keeping it at least as long as the related matter remains relevant).

If the declaration includes personal information (for example, employee details, medical information, or customer incidents), think about privacy controls too - including limiting access internally to “need-to-know” and storing it in a way that aligns with your privacy obligations.

Key Takeaways

• A statutory declaration is a formal written statement of truth signed in front of an authorised witness, commonly used when standard evidence isn’t available.
• Businesses may need a statutory declaration for government processes, banking and finance, insurance claims, tenders, and some employment/HR situations.
• A good stat dec is factual, clear, and focused - it should set out what the declarant personally knows, with dates and details where possible.
• Witnessing rules matter, and they can vary depending on the jurisdiction (Commonwealth vs State/Territory) and the type of statutory declaration being used.
• Remote witnessing may be available in some cases, but it’s not universal and you should confirm both the legal position and what the recipient will accept.
• Sometimes a statutory declaration isn’t the best tool - if you need someone to act on your behalf, an authority document may be more appropriate.
• Keeping clean, consistent business records makes it easier to respond quickly when a statutory declaration is requested.

If you’d like help preparing a statutory declaration (or working out whether you actually need one), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.