How to Sign a Statutory Declaration Form

The visa application process often requires the completion of many forms and supporting documents, sometimes including the requirement for a Statutory Declaration Form. Specifically, certain visa subclasses require this as part of meeting the at time of application requirements outlined in Schedule 1 of the Migration Regulations 1994 (Cth).

Unlike a normal statement, a statutory declaration is a statement in which you declare to be true and can be used as evidence. It is a criminal offence to knowingly make a false statement and could result in imprisonment for up to 4 years. Therefore it is important that the details within the statement are consistent with other supporting documentation provided with your application.

Once you have completed writing your statutory declaration, before it is submitted, you must sign and have it witnessed by an approved witness.

Who can Witness your Statutory Declaration?

In order for your statutory declaration to be valid your witness must:

  1. Be on the approved list of witnesses; and

  2. Have a connection to Australia or be a notary public.

    • The witness will have the required connection to Australia if they are licensed or registered to practice in Australia, hold a membership to an Australian professional organization, or are appointed in Australia.

A witness may charge a fee for their service. However, it is important to note that if your witness is a Justice of the Peace they cannot ask for compensation.

 The most common or easily accessible witnesses include:

  1. A pharmacist;

  2. A police officer at your local police station;

  3. A medical practitioner;

  4. A legal practitioner; or

  5. The post office manager at an Australia Post.

If you are not in Australia, you may also enlist an approved witness outside Australia.

Signing Your Statutory Declaration

You must then sign your statutory declaration in front of your approved witness, this can be done in one of two ways:

  1. Sign the statutory declaration in the presence of your approved witness with a pen; or

  2. Electronically sign the statutory declaration in the presence of your approved witness.

  • Both you and your approved witness can sign the statutory declaration electronically whether you are in the same room or not. If you are not in the same room this must be done using audio-visual technology.

  • If you are electronically signing your statutory declaration you will need to use the approved statutory declaration for the electronic execution form.

How to Sign your Statutory Declaration Electronically

It is important to note that electronic signing was temporarily introduced through the Coronavirus Economic Response Package (Modifications – Statutory Declarations and Notices of Intention to Marry) Determination 2021 (Cth) during COVID-19 to aid individuals to continue to make statutory declarations. You will only be able to sign your statutory declaration electronically until 31 December 2023.

There are several ways you and your witness may electronically sign your statutory declaration, including:

  1. Signing a piece of paper, taking a picture, and inserting the image of your signature into the form; or

  2. Using the ‘Draw’ function to draw your signature on the form with your mouse; or

  3. If you have a device with touchscreen capabilities, you could write your signature on the form using your finger or a stylus.

If you and your approved witness are not in the same room, you will need to use audio-visual technology so that they can observe you signing your statutory declaration. Therefore, the camera will need to be positioned so that they can observe you as you sign your statutory declaration with a pen or electronically. Possible platforms that you could use for their audio-visual capabilities include:

  1. Zoom;

  2. Skype; or

  3. Microsoft Teams.

Once you have signed your statutory declaration you are permitted to provide your approved witness with a copy of it instead of the original version. You can do this, for example, by emailing them the word document or PDF form.

What if I can’t Sign my Statutory Declaration?

If you cannot read, are visually impaired, blind or do not have the physical capability to sign your statutory declaration you can make a mark in the place of a signature.

If you cannot read, are visually impaired or blind your approved witness must do the following:

  1. Have the statutory declaration read out loud in their presence. They can do this or someone else can; and

  2. Be satisfied that you understood what was read; and

  3. Certify that these things have occurred; and

  4. Write next to your mark ‘I, being the person before whom this statutory declaration is made, certify that this mark was placed by [your full name] on this statutory declaration in my presence.’

How Can Agape Henry Crux Assist

Contact us if you require any assistance in relation to gathering the correct forms and evidence that may be required for your visa application.

At Agape Henry Crux, our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters.  You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com. 

We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter. 

 This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office. 

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