Who Can Witness A Statutory Declaration In Australia?

If you run a small business, there’s a good chance you’ll come across a statutory declaration (often called a “stat dec”) sooner than you expect.

Maybe a supplier wants one to confirm something you can’t easily prove with paperwork. Maybe a government department needs a formal statement. Or maybe you’re dealing with an internal HR issue and a team member can’t access documents.

In all of these situations, the same question comes up: who can witness a stat dec?

Getting this wrong can be more than an admin headache. If the witness isn’t authorised, the stat dec may be rejected, which can delay a contract, slow down a claim, or create compliance issues.

Below, we’ll walk you through a practical, business-focused guide on who can witness a statutory declaration in Australia, what to watch out for, and how to set up a smooth process inside your business.

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

A statutory declaration is a written statement you sign to declare that something is true. It’s usually used when you need to confirm facts formally, and there isn’t another “standard” document you can provide.

Statutory declarations are common in business because they’re flexible and can be used for lots of scenarios, including:

• Government processes: grant applications, licensing, permits, compliance confirmations, or other dealings with agencies.
• Banking and finance: confirming details for lenders, guarantors, or asset ownership where supporting documents aren’t available.
• Commercial transactions: confirming certain facts during due diligence (for example, confirming no known disputes, stock status, or how records have been kept).
• Employment and HR administration: where a formal declaration is used to confirm something relevant to employment records or absences (this can intersect with internal processes, but it’s important you don’t treat stat decs as a blanket replacement for proper HR documentation).

Because a statutory declaration is a formal legal document, the witness matters. A stat dec isn’t just “signed in front of someone” - it’s signed in front of someone who is legally authorised to witness it.

Who Can Witness A Stat Dec In Australia?

The short (and practical) answer is: it depends on which statutory declaration you’re using - because Australia has both Commonwealth and State/Territory statutory declaration regimes.

That’s why small businesses often get tripped up. You might have a valid stat dec format, but the witness you chose isn’t authorised under the right law.

Step 1: Work Out Whether It’s A Commonwealth Or State/Territory Stat Dec

Before you ask who can witness a stat dec, check what kind of stat dec the other party is asking for:

• Commonwealth statutory declarations are generally used for federal matters (and use a Commonwealth form/wording).
• State/Territory statutory declarations are used for matters under that state/territory’s laws (and often have specific local forms/requirements).

If you’re unsure, look at the heading and wording of the form (it often references the relevant legislation). If a government agency gave you the form, it will usually be clear which one they require.

Step 2: Confirm Your Witness Is An “Authorised Witness” For That Stat Dec

Each regime has a list of people who are authorised to witness. While the lists overlap, they are not identical.

In practice, the simplest way to avoid errors is to cross-check the current authorised witness list that applies to your document:

• For Commonwealth statutory declarations: check the authorised witness list in the Commonwealth rules (the list is set by federal legislation/regulations and is updated from time to time).
• For State/Territory statutory declarations: check the authorised witness list published for that state/territory (often linked from the relevant Justice Department or state government website, or set out in the relevant oaths/statutory declarations legislation).

That said, there are some witness types that commonly appear across many (but not all) lists. Depending on the relevant regime, authorised witnesses often include:

• Justices of the Peace (JP)
• Lawyers (Australian legal practitioners)
• Notaries public
• Police officers
• Judges, magistrates, registrars and other court officers
• Other specific professionals or office-holders (only where they are expressly listed for that particular statutory declaration regime)

The key point for your business is this: don’t assume someone can witness just because they “seem official”. Always verify they appear on the authorised list for the relevant stat dec.

If you’re building internal processes around signatures generally, it can also help you to understand the broader rules that apply to documents and witnessing, including the basics around witness signature rules and what can affect enforceability.

So, Can A Lawyer Sign A Stat Dec?

This is one of the most common business questions we see: can a lawyer sign a stat dec?

In many cases, yes - lawyers are commonly included as authorised witnesses (but it still depends on whether you’re dealing with a Commonwealth stat dec or a specific state/territory stat dec, and on the current rules).

From a practical perspective, businesses often choose a lawyer witness because:

• it’s easy to verify their status as a legal practitioner
• they’re familiar with witnessing and identity checks
• they can often flag obvious issues with the document execution process

That said, witnessing is not the same as “approving” what the stat dec says. A witness generally confirms you signed in front of them (and may take steps to verify identity), not that the contents are true.

Who Signs A Statutory Declaration In A Business Context?

Another common question is: who signs a statutory declaration when it relates to a company?

Usually, the person who signs is the person making the declaration - meaning the individual who has the relevant knowledge and is willing to declare the statement is true.

In a small business, that might be:

• the business owner (sole trader)
• a director of the company
• a company secretary (if applicable)
• a manager who is responsible for the relevant area (for example, operations, finance, HR), where they genuinely have the knowledge to make the declaration

Important: if the stat dec is being used to satisfy a contract condition, a government requirement, or a bank requirement, the other party may specify who must sign (for example, “a director must sign”). Always check the instructions.

Be Careful With “Signing On Behalf Of” Someone Else

Small businesses sometimes ask whether an assistant, admin team member, or another director can sign “on behalf of” the person who is meant to declare the information.

Because a statutory declaration is a personal declaration of truth, it generally isn’t something you casually delegate. If you’re dealing with authorisations more broadly, it may be more appropriate to use something like an Authority To Act Form for specific dealings - but that’s a different tool to a stat dec.

If you’re unsure who should sign, it’s worth getting legal guidance before you lodge it, especially where the stat dec could create personal liability for the signer.

Can A Relative Witness A Stat Dec (Or Someone In Your Business)?

This comes up a lot for small business owners because you often work with family, or you may have family members involved in the business.

So, can a relative witness a stat dec?

Two practical points to keep in mind:

• Authorisation is the first hurdle: the witness must be on the authorised witness list for the relevant statutory declaration regime.
• Independence is the second hurdle (often practical, not strictly legal): even if someone is technically authorised (for example, your relative is a lawyer or JP), the organisation receiving the stat dec may prefer (or require) an independent witness to reduce perceived conflicts or bias.

Depending on the purpose of the stat dec, a relative witnessing it may cause the recipient to question whether it was properly witnessed, or whether the process was independent enough.

As a practical approach for small businesses, we usually suggest:

• use an independent witness (JP, lawyer, police officer) who isn’t related to the signer and isn’t financially interested in the outcome
• avoid using employees as witnesses unless you’re confident they are authorised and the receiving party will accept it
• keep a consistent internal process so your team knows “how we do stat decs” and doesn’t have to guess each time

This helps avoid rework and reduces the chance of a stat dec being rejected at the last minute.

Remote And Online Witnessing: Can You Witness A Stat Dec Over Video?

Many businesses now operate with remote teams, interstate directors, and online-first workflows. That naturally leads to another practical question: can a statutory declaration be witnessed remotely?

The answer depends on:

• which state/territory rules apply (if it’s a state-based stat dec)
• whether temporary or permanent remote witnessing rules apply in your jurisdiction
• the requirements of the organisation receiving the stat dec (some agencies or banks have their own acceptance criteria)

Remote witnessing is available in some jurisdictions and for some documents, but it typically comes with conditions - such as how the document is signed, how the witness verifies identity, and how the witness confirms they saw the signer sign.

If your business is relying on remote execution, it’s worth checking processes around remote witnessing before you build it into your standard workflow.

Also keep in mind: even where remote witnessing is legally possible, the party requesting the stat dec may still require “wet ink” signing or in-person witnessing for their own risk reasons. The safest move is to confirm acceptance before you organise the signing session.

A Practical Stat Dec Process For Small Businesses (To Avoid Rejections)

Statutory declarations are often treated like “simple admin”. But when you’re time-poor and juggling contracts, staff issues, and compliance deadlines, the last thing you want is a stat dec bounced back because the witness wasn’t right.

Here’s a practical process you can use in your business.

1) Confirm What The Stat Dec Is For (And Who Needs To Accept It)

Start with the purpose. Ask:

• Which organisation is requesting it?
• Are they asking for a specific form or wording?
• Do they require a Commonwealth stat dec or a particular state stat dec?
• Do they have any special requirements (for example, “must be witnessed by a JP”)?

For certain situations, you may also be deciding between a stat dec and other formal statements (like internal declarations for leave). If you’re dealing with workforce documentation, it may be relevant to consider how stat decs are used in practice, including for absence evidence such as in statutory declarations for sick leave.

2) Choose An Authorised Witness (And Make It Easy For Them)

Once you know what’s required, choose a witness who is clearly authorised and accessible. In many cases, the simplest options are:

• a JP (often available at shopping centres, libraries, or community centres)
• a lawyer
• a police officer (availability may vary)

To keep things smooth, make sure the witness has:

• the complete document (no missing pages)
• any instructions from the receiving organisation
• time to witness properly (rushed witnessing is where mistakes happen)

3) Verify Identity And Details Before Signing

Many witnessing processes involve identity checks. Even if it’s not strictly mandated in every scenario, it’s good practice to have the signer bring appropriate ID.

From a business risk perspective, you also want to confirm that:

• names match exactly (including middle names if used on the form)
• the business name/entity name is correct
• dates are correct (and in Australian format, where required)

If your broader processes involve verifying execution and signatures on documents, it’s also helpful to understand what makes a valid signature, especially where you’re mixing electronic signing with witnessed documents.

4) Sign And Witness In The Correct Order

This sounds obvious, but it’s one of the biggest causes of rejected stat decs: the stat dec gets signed first, and then someone “witnesses” it afterwards.

In most cases, the witness must see the person sign. If the witness didn’t actually witness the signing, the process can be invalid (even if the witness later signs and stamps the document).

5) Store It Properly (And Keep A Clear Audit Trail)

Once completed, keep a copy in your records. For many small businesses, a simple approach is:

• scan the signed stat dec as a PDF
• store it in the matter file (supplier file, employee file, finance file, etc.)
• log who signed, who witnessed, and the date

This is particularly useful if the stat dec is later questioned, or if you need to respond quickly during an audit or dispute.

Common Mistakes Small Businesses Make With Stat Dec Witnessing

When people search who can witness a stat dec, they’re often already dealing with a stat dec that’s been rejected. These are the issues we commonly see.

Using A Witness Who Isn’t Authorised For That Type Of Stat Dec

This is the biggest one. A person can be a valid witness in one context and not another.

If you’re regularly dealing with NSW requirements, for example, it can help to be familiar with the local framework around authorised witnesses under the NSW Oaths Act, and how it fits alongside statutory declarations.

Using The Wrong Form Or Wording

Some recipients require a very specific statutory declaration form. If you use a different template (even if it looks similar), it may be rejected.

When you’re operating across different states or dealing with agencies that require a particular format, it’s worth understanding the differences and practical requirements that apply to statutory declarations in the relevant jurisdiction.

Signing In Advance Or Leaving Blanks

Witnessing is usually about the witness seeing the signing happen. If it’s already signed, many authorised witnesses will refuse to witness it (and if they do witness it anyway, it can create risk).

Leaving blanks can also be an issue, because it opens the door for the document to be altered later.

Trying To “Solve” A Business Problem With A Stat Dec When Another Document Is More Appropriate

Stat decs are useful, but they’re not always the best tool.

For example, if the issue is about who can communicate with a third party on behalf of the business, the better approach may be a specific authority document (rather than a general stat dec). If the issue is contractual, a contract variation or formal letter might be more appropriate.

Choosing the right document upfront is often the difference between a quick outcome and weeks of back-and-forth.

Key Takeaways

• When you’re asking who can witness a statutory declaration in Australia, the first step is confirming whether you need a Commonwealth or State/Territory statutory declaration.
• A statutory declaration must usually be witnessed by an authorised witness - and the authorised witness list can differ depending on the relevant law (so it’s worth checking the current list that applies to your particular form).
• In many cases, lawyers can witness statutory declarations, but witnessing doesn’t mean the witness is confirming the contents are true.
• Even if someone is technically authorised, using a relative or close associate as a witness is often best avoided as a practical risk-management step (and some recipients may have their own independence requirements).
• Remote witnessing may be possible in some jurisdictions and circumstances, but you should confirm legal requirements and whether the receiving party will accept it.
• A simple internal process (confirm the right form, choose an authorised witness, sign in the correct order, store properly) helps your business avoid rejected stat decs and delays.

If you’d like help preparing or reviewing a statutory declaration process for your business, or you’re unsure who should sign and who can witness, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.