Information for authorised statutory declaration witnesses. Who may witness statutory declarations in Victoria? What is a statutory declaration witness? How do I make a statutory declaration in Victoria? Who can certify a statutory declaration?
A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. You can be charged with a criminal offence if the information is false. Witnessing a Victorian statutory declaration outside Victoria. However, a Justice of the Peace cannot charge a fee to witness a statutory declaration.
These people can witness your statutory declaration if they are licenced in Australia. Or, if they are registered to practice their work in Australia. Statutory Declaration. The most common authorised persons are police officers, school principals and pharmacists.
It is witnessed by a person who is authorised by legislation to witness statutory declarations. Unlike an affidavit, a statutory declaration is not made on oath or by affirmation. The person signing it makes a solemn declaration that its contents are true and correct, in the presence of a person who is authorised to witness it. A list of the classes of persons who can witness declarations is provided below.
The authorised witness will then sign, date, print their name and the address of where the signing took place, and list the authority under which they can witness declarations The statutory declaration is now valid and legally binding. Within the Department, statutory declarations are used for a number of purposes, including on commencement of employment, and to support applications for personal leave. If you intentionally make a false statement in a statutory declaration , you can be charged with a criminal offence.
There are types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. We only give information about Commonwealth statutory declarations. Authorised and published by VicRoads, Denmark Street, Kew, Victoria, 30. Member of the Police Force.
When you sign a statutory declaration , you are declaring that the statements in it are true. The list of people who may witness a statutory declaration differs for the purposes of Victorian and Commonwealth statutory declarations , though there is a lot of crossover. These include that a witness must be physically present to witness the signing, execution, certification or stamping of a document or to take an oath, affirmation or declaration in relation to a document. This makes it difficult for many documents to be witnessed during COVID-19.
The declarant must sign the declaration in the presence of the witness and make a solemn declaration that it is true and correct. Knowingly making a false declaration renders the declarant liable to the penalties for perjury. The Federation submitted that it is discriminatory not to allow civil celebrants to witness statutory declarations in Victoria when ministers of religion are able to do so.
For example, a doctor who is registered to practise medicine in Australia can witness your declaration , but a doctor who is not registered in Australia cannot. A person authorised under Section 30(2) of the Oaths and. The Commonwealth statutory declaration contains the list of authorised witnesses on it. The Victorian statutory declaration list of authorised witnesses can be found here.
Despite what some people (and employers) think, the person witnessing the statutory declaration is not confirming that the information in the statutory declaration is true. A certified copy is a copy of an original document such as a birth certificate, marriage certificate or proof of identity that has been authorised (or stamped) as being a true copy of an original. These certified copies are often required in support of loans, job applications and government services but you will be informed on application forms.
The Department of Justice and Community Safety provides a clear explanation of how to make a statutory declaration , including who can witness your signature. As part of making a statutory declaration , it is usual for the declarant to repeat the following words in the presence of the authorised witness : I solemnly and sincerely declare that. Set out matter declared to in numbered paragraphs.
Add numbers as necessary. I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence. Prescribed authorised statutory declaration witnesses.
See section 19(1) for a list of authorised affidavit takers. Offence to take statutory declaration if not statutory declaration witness and offence to purport to be statutory declaration witness 32. Provision of assistance to person making statutory declaration 33.
Reasonable modifications may be made 35. Item Formal description Informal description 1.