statutory declaration

This file last saved 28 November, 2022 12:50

definition

  1. Statutory declarations aare written statments declaring something is true and correct. They carry a degree of formal authority that statements with only a signature do not. For matters dealt with by Queensland legislation, they are made under the Oaths Act 1867. For Commonwealth matters they are made under the Statutory Declarations Act 1959.
  2. There is no requirement for a statutory declaration to be sworn or affirmed as they are not generally used in a court of law.
  3. Statutory declarations may be in a general form, but others can make up part of submissions, responses or applications for other matters such as Land, Domestic Violence, Funeral benefits, relationship status and other transactions.
  4. Statutory declarations must be correctly worded and standard forms are available online here (search for "Statutory Declarations), at courthouses. The general purpose form for a statutory declaration (Queensland) may be found here as a PDF.

    5. Purpose

  5. A statutory declaration is intended to ensure the statement being made is truthful. It has the effect of putting the signatory - called the declarant - on notice that the information they provide must be, in their conscious opinion (i.e. to the best of their knowledge and belief) entirely correct. If it is not, they will be liable to a penalty.
  6. Some legislation requirtes information to be supplied in the form of a statutory declaration. In some cases people choose to make a statement by way of a statutory declaration - not because there is a legal requirement to do so, but because they believe the statement will carry more weight as a result.

    registration and termination of relationships

  7. Technical Bulletin 02/12 advises that due to Relationships Act 2011 JPs and CDecs may be called 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).
    3. Registered Relationship Termination Statutory Declaration (single applicant)

    disaster-affected victims

  8. The Technical Bulletin which advised this procedure has been cancelled and I cannot find an update. Use with caution. Persons who have undergone general disasters such as cyclones, bushfires and flooding may not have their identity documents. Homeless persons are particularly vulnerable to assault and theft of identity documents. In this case, follow the procedures as under and endorse on the document "Identification not sighted".
  9. Technical Bulletin 02/11 advises the procedures to be carried out when witnessing Victim Assist Queensland applications for financial assistance and funeral assistance.

    traffic infringements

  10. In order to avoid errors and omissions, Technical Bulletin 01/20 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:
  11. 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).
  12. 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.
  13. 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.
  14. Item 4 - Signature of Declarant: This is the signature of the person recorded in Item 1.
  15. Item 5 - Witnessing Officer: This section is to be signed by the witness before whom it is declared and signed.
  16. Item 6 - Date: Ensure that the date is the same date that is signed and witnessed.
  17. 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.

    18. prisoner photographs

  18. Technical Bulletin 04/22 provides guidance in respect of photographs which are to be provided to prisoners. These are known as "approved photographs".
  19. You do not have to inspect or determine if the photographs meet the approved criteria or to mark them in any way. 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.
  20. The deponent does not have to state the number of photographs, the names and dates of birth of the children or provide proof of their relationship or that of the prisoner, with the children.
  21. 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.

    procedures

  22. Follow the general procedures below for witnessing documents, and in addition:
    1. warn the declarant at the outset that the penalties for making a false declaration, which include being charged under the Criminal Code and the liability of penalties including fines or imprisonment;
    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

  23. Identify the document;
  24. Identify any special requirements;
  25. Check that it is in the correct format;
  26. Identify if sworn, affirmed or declared;
  27. Ensure signatory is named in the document;
  28. Obtain proof of identity;
  29. Ensure dates are consistent throughout;
  30. Check for alterations, unanswered questions, omissions, spaces and material you know to be false.
    Note that the following are exceptions to witnessing a document with unanswered questions:
    1. Victim Assist Queensland (VAQ) financial applications;
    2. domestic and family violence applications; and
    3. some family law documents.
  31. Check annexures;
  32. Issue perjury warning;
  33. Administer oath, affirmation or declaration;
  34. Document signed in front of JP(Qual);
  35. Sign and date the document, affix the seal and insert registration number;
  36. Complete the log;

    37. References

  37. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - Section 4.2, 4.3
  38. Technical Bulletin(s) as noted above.