statutory declaration

This file last saved 11 August, 2019 10:34

forms

  1. The general purpose form for a statutory declaration (Queensland) may be found here as a PDF.
  2. The general purpose form for a statutory declaration (Commonwealth) may be found here as a PDF and here in Word format.

    3. registration and termination of relationships

  3. Technical Bulletin 02/12 advises that due to Relationships Act 2011 JPs and CDecs may be call upon to witness three forms that contain Statutory Declarations. These are:
    1. Form 15 - Application to Register a Relationship; and
    2. Form 18 - Application to Terminate a Registered Relationship and Registered relationship Termination Statutory Declaration (single applicant).

    disaster-affected victims

  4. Technical Bulletin 01/13 advises that persons who have undergone disasters such as cyclones and flooding may not have their identity documents. In this case, follow the procedures as under and endorse on the document Identification not sighted.

    5. statutory declarations for traffic infringement

  5. Technical Bulletin 02/17 in order to avoid errors and omissions, advises the following in respect of Statutory Declarations concerning traffic infringement where the registered owner is not the person in control of the vehicle at the time of the offence:
  6. Item 1 - Name and address of Declarant: The declarant is to complete this section if:
    1. they are the owner of the vehicle but were not the driver at the time of the offence; or
    2. they are completing the statutory declaration on behalf of a company and are authorised by the company do so (the declarant must record their position/title within the company); or
    3. they were the driver of the vehicle at the time of the offence (self-nomination).
  7. Item 2 - Particulars of Person: If the Declarant is the owner of the vehicle but not the driver at the time of the offence, they nominate the actual driver, providing as full particulars as possible. If the owner of the vehicle is a corporation and the the Declarant is authorised by the company to nominate the actual driver, they must record their position/title within the company structure. If the Declarant is self-nominating, their particulars are recorded here.
  8. Item 3 - Address: This may be a residential street address, a postal address or the business address of a corporation. Property names and unit or flat numbers can be included in the address details.
  9. Item 4 - Signature of Declarant: This is the signature of the person recorded in Item 1.
  10. Item 5 - Witnessing Officer: This section is to be signed by the witness before whom it is declared and signed.
  11. Item 6 - Date: Ensure that the date is the same date that is signed and witnessed.
  12. Item 7 - Details of Witness: the witness is to print their full name, not initials, and qualification. If the seal of office is used, it must not obsure or cover any information inserted into the document.

    13. prisoner photographs

  13. Technical Bulletin 02/18 advises that it is not the duty of the witness to sight the actual photographs referred to in the statutory declaration, or to witness or endorse the photographs in any way.
  14. The photographs which are sent will be examined by prison staff and if they do not comply with the guidelines, they will not be given to the prisoner.
  15. The deponent making the statutory declaration must make the following statements:
    1. they are the parent/legal guardian of the child/ren depicted in the photogaphs;
    2. the child/ren depicted have a family relationship with the prisoner receiving the photographs; and
    3. they give their consent for the photographs to be given to the prisoner recipient an for the prisoner to possess the photographs.
  16. The photographs which are sent must:
    1. only show people who are fully dressed - ie., not unclothed, partially clothed or wearing underwear or swimwear;
    2. not be groups of children;
    3. only be children who are directly related to the prisoner and not known to be victims of the prisoner's offending; and
    4. have a proven family relationship between the prisoner the the child/ren in the photographs.

    specific procedures

  17. Follow the general procedures listed below, and in addition:
    1. warn the declarant at the outset about the penalties for making a false declaration;
    2. check that the declarant understands the declaration;
    3. when satisfied that the declarant understands the declaration, administer the oath:,

      DO YOU SOLEMNLY AND SINCERELY DELARE THAT THE CONTENTS OF THIS DECLARATION ARE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE AND BELIEF?

    4. instruct the declarant to respond with:

      I SOLEMNLY AND SINCERELY DECLARE, THAT THE CONTENTS OF THIS DECLARATION, ARE TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE AND BELIEF.

      or

      I DO SO DECLARE.

    general procedures

  18. Identify the document;
  19. Identify any special requirements;
  20. Check that it is in the correct format;
  21. Identify if sworn, affirmed or declared;
  22. Ensure signatory is named in the document;
  23. Obtain proof of identity;
  24. Ensure dates are consistent throughout;
  25. Check for alterations, unanswered questions, omissions, spaces and material you know to be false.
  26. Check annexures;
  27. Issue perjury warning;
  28. Administer oath, affirmation or declaration;
  29. Document signed in front of JP(Qual);
  30. Sign and date the document, affix the seal and insert registration number;
  31. Complete the log;

    32. References

  32. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017, Section 4.2, 4.3
  33. Technical Bulletin(s) as above.