Prepare a NSW statutory declaration (stat dec)

Introduction

A statutory declaration is a written statement that a person swears, affirms or declares to be true in the presence of an authorised witness, usually a:

• Justice of the Peace (JP)
• legal practitioner or
• notary public.

A NSW statutory declaration is made under the Oaths Act 1900. The Act contains 2 alternative document formats that you can use:

• eighth schedule
• ninth schedule.

Note: You may need to complete a statutory declaration if you assist a person to make a statutory declaration by providing a language interpretation. 

What you need

• details or facts about what you will be declaring or affirming
• an authorised witness
• proof of identity documents (if required).

Proving your identity

If you are making a statutory declaration and have not known the authorised witness for at least 12 months, they will need to confirm your identity with an approved identification document.

Examples of an approved identification document include a current and valid:

• driver licence or permit with your photo (including a digital driver licence)
• NSW photo card
• Australian proof of age card, with your photo
• Australian passport, either current or expired less than two years ago
• passport or similar document with your photo and signature, issued by a country other than Australia or by the United Nations (with an English language interpretation if not in English).

For identity documents with a photo:

• it must be your photo
• your name on the document must match your name on the statutory declaration.

When you book an appointment with the authorised witness, ask if your identification document is acceptable (before you visit them).

How to prepare

1. Select the document suitable for your needs.
   • Eighth Schedule form
     • In this version of the statutory declaration, you:
       • include your name
       • set out the details of your declaration
       • solemnly and sincerely make a declaration "conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900".
   • Ninth Schedule form
     • In this version of the statutory declaration, you:
       • include your name and address
       • set out the facts according to your knowledge, belief, or information
       • declare that you "make this solemn declaration, as to the matter (or matters) aforesaid, according to the law in this behalf made – and subject to the punishment by law provided for any wilfully false statement in any such declaration".
2. Add details or facts to the document but do not sign the form.
3. Take your document to an authorised witness (you may need to book an appointment first).
4. Prove your identity to the witness (if you have known them for less than 12 months).
5. Sign the document in the presence of the authorised witness.

More information

Getting your document witnessed

You can find a Justice of the Peace (JP) by:

• searching the JP public register 
• visiting a JP community desk at a library, shopping centre or other community location. 

Penalties for false declarations

You may face a penalty if you:

• make a statutory declaration that you know to be false or
• falsely pretend to be an authorised witness and take and receive a statutory declaration.

Documents

Templates for a statutory declaration are available in either PDF form or editable DOC form.

PDFs

Download and print the document you need.

• NSW statutory declaration – Eighth Schedule – PDF

• NSW statutory declaration – Ninth Schedule – PDF

Word documents

Download, edit and print the document you need.

• NSW statutory declaration - Eighth Schedule – DOC

• NSW statutory declaration – Ninth Schedule – DOC