A statutory declaration is a written statement of fact(s) made by a person (declarant) who affirms the contents to be true. It must be signed in front of an authorised witness.
A statutory declaration must be written and signed by a natural person. A statutory declaration about a corporation or union’s affairs must be made and signed by an authorised officer of the corporation.
A statutory declaration must be taken by an authorised witness under section 21 of the Oaths Act 1900 (NSW) (Oaths Act), which includes:
The Department of Communities and Justice has a JP Register that can be accessed here. An interpreter can be accessed through Service NSW if needed.
An employee must provide a statutory declaration to their employer before the start of maternity leave and, if applicable, including the period of any leave sought or taken by their spouse.37
If an employee is seeking paternity, partner or adoption leave,38 the statutory declaration should state the period of any leave sought or to be taken by their spouse, and whether they are seeking extended leave to become the primary caregiver of the child.39
An employer may ask an employee who applies for parental leave to provide a statutory declaration, or enter into an agreement, that states they will not engage in any conduct inconsistent with the employee’s contract of employment.40
The particulars set out in the unpaid remuneration claim must be verified by statutory declaration.41
Organisations may apply to the Commission to be registered under Part 3 of the Industrial Relations Act 1996 (NSW) (IR Act). The Industrial Registrar may require information in the application to be verified by statutory declaration and require proof of the authority of the applicants to act on behalf of the organisation concerned.42
In the case there is an objection to the application for registration, the notice of objection and an outline of ground(s), the facts and circumstances of the objection must be verified by statutory declaration.43
An application for inquiry concerning irregularity in election must specify the alleged irregularity and the facts relied on to support the allegation and lodged with a verified statutory declaration.44
The secretary of the organisation of a State organisation must lodge a statutory declaration that:
The declarant should write the statutory declaration before taking the document to the authorised witness. The statutory declaration, unless otherwise permitted under law, must be in the form referred to as the Eighth Schedule or the Ninth Schedule.47
The Department of Communities and Justice provide templates for the Eighth Schedule or the Ninth Schedule statutory declarations. The form chosen will depend on the purpose of the statutory declaration.
Registered industrial organisations can obtain proforma statutory declarations from the Commission's website.
Eighth Schedule Declaration
The declarant must include their full name, a statement of facts and a declaration that states the contents is true in the following format:
“I,(insert name), do solemnly and sincerely declare that [statement of facts], and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.”
Ninth Schedule Declaration
The declarant must include their full name, address, the facts according to their knowledge, belief, or information and a declaration that states the contents is true in the following format:
“I, (name), of (address), do hereby solemnly declare and affirm that [the facts to be stated according to the declarant’s knowledge, belief, or information]. And I make this solemn declaration, as to the matter(s) aforesaid, according to the law in this behalf made—and subject to the punishment by law provided for any wilfully false statement in any such declaration.”
The declarant should make an appointment with the authorised witness, who must see their face48 and may request any face covering that prevents identification to be removed unless an exemption applies.49
The authorised witness must confirm the declarant's identity with an approved identification document (ID) if they have not known them for at least 12 months50 and the statutory declaration must be signed in front of the authorised witness.
Signatures cannot be digital in accordance with clause 5 of the Electronic Transactions Regulations 2017 (NSW). This means that signatures must wet ink.
The approved ID must include the declarant’s photo, and the name on the ID must match the name written on the statutory declaration.
Approved ID under Schedule 2 of the Oaths Regulation 2024 (NSW) (original or certified copy)51 can include:
The document relied upon must not be expired, cancelled and must be in English (or provide a certified English translation).52 Otherwise, the authorised witness will not be able to sign the statutory declaration.
Any person who wilfully and corruptly makes or takes a false declaration is guilty of an offence and could be sentenced to five years;53 or if the false declaration was made to derive a material benefit, the person could be imprisoned for up to seven years.54
Unauthorised witnesses or people who falsely pretend to be authorised are guilty of an offence under the Oaths Act.55
36 Ibid s 29.; 37 Industrial Relations Act 1996 (NSW) s 58(1)(d).; 38 Ibid s 58(3)(d).; 39 Ibid s 58(2)(d).; 40 Ibid s 58(6).; 41 Ibid s 129D(4).; 42 Ibid s 219(2).; 43 Ibid s 220(2).; 44 Ibid s 252(3)(c).; 45 Ibid s 278(3).; 46 Ibid s 278(4).; 47 Oaths Act 1900 (NSW) s 24.; 48 Oaths Act 1900 (NSW) s 34(1).; 49 Ibid s 34(3); Oaths Regulation 2024 (NSW) cl 4.; 50 Oaths Regulation 2024 (NSW) cl 5.; 51 Ibid (NSW) cl 6(1).; 52 Ibid cl 6(2).; 53 Oaths Act 1900 (NSW) s 25.; 54 Ibid s 25A.; 55 Ibid s 21A.
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