Statutory declarations
Making a statutory declaration
You can make a statutory declaration in a few different ways.
In person
You can meet your witness in person and sign your declaration on paper or electronically.
See the Who can witness a statutory declaration or affidavit in Queensland fact sheet to find out who can witness it in person.
If you are having your statutory declaration witnessed at a JPs in the Community location (e.g. if you are in a shopping centre) they can usually sign your document on paper. They can only sign electronically if they are a special witness.
Learn about special witnesses in the Who can witness a statutory declaration or affidavit in Queensland fact sheet.
If your lawyer witnesses the document, you can sign it either on paper or electronically. Your lawyer will tell you which option is best for you.
Preparing to meet
Before you meet with the witness, you should:
- ensure you are using the most current statutory declaration form or that your declaration follows the requirements in the Oaths Act 1867
- complete your statutory declaration, but do not sign it yet—your witness must see you signing the form so only sign it when you are with them.
When you meet
When you meet with your witness:
- bring your proof of identity—they will need to verify who you are
- answer their questions—they need to ensure you understand the nature and contents of the document and that you are making it freely and voluntarily.
Audio visual link
Instead of meeting in person you can meet your special witness over audio visual link. This means you can meet online using a videoconferencing platform such as:
- Zoom
- Skype
- Microsoft Teams.
You must use both video and audio in the meeting.
Before meeting online
Before meeting your special witness, they may:
- ask you to send them a copy of your statutory declaration
- let you know what software and technology options are available.
In the online meeting
Witnessing over audio visual link allows you to sign the statutory declaration electronically or on paper.
If signing electronically, you will need to share your screen with the witness. This is so they can see you sign with your electronic signature.
If signing on paper, you will need to angle your camera so the witness can see you sign the document. You should hold each page up to the camera so they can see your signature or initials.
After you sign, the witness will also need to sign the document. The witness does not need to sign the same document. They can sign a copy of the document or a counterpart. A counterpart is an identical copy of the document you signed, but without your signature.
In this guide:
- Download a statutory declaration form
- A witness for a statutory declaration
- Information a statutory declaration must include
- Making a statutory declaration
- Declaring a statutory declaration
- Signing a statutory declaration
- After a statutory declaration is made
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