If you/re wondering how to write a Statutory Declaration in New South Wales, there are a few things you need to know. In this article, we’ll walk you through the process step-by-step, so you can be sure your Statutory Declaration is correctly made and witnessed.
What is a Statutory Declaration?
A statutory declaration is a sworn statement made under oath, in which a person declares to the satisfaction of the person, entity or government department to whom it is given, that certain facts are true. Statutory declarations are also occasionally used in a variety of legal proceedings, including civil, criminal, and family law cases., however, their use is quite limited in this regard, because as a general rule evidence in criminal (and other types of) Court proceedings needs to be given orally, in person, in Court, and otherwise by Affidavit (which is an alternative way of making a written declaration).
How to Write a Statutory Declaration
To make a statutory declaration, you should include the following information: your name, address, date, and signature. You will also need to have the document that you are making a statutory declaration for (for example, a document that lists your assets and liabilities) ready to hand over to the person who is asking you to make the declaration.
Once you have gathered all of the necessary information, you can make your statutory declaration by following these steps:
State your name, address, and date of birth if you have been asked for it.
Write whatever information you wish to provide in your statutory declaration, by way of numbered paragraphs. You can also attach documents to your “stat dec”, but you should describe in the stat dec what document(s) you are attaching.
Declare that the information in the document is true. The standard wording, which is a requirement under the Oaths Act, will state this. Otherwise, you need to ensure that you use the correct wording, and should obtain legal advice in relation to this.
Take the unsigned statutory declaration to a Justice of the Peace or other authorised witness, and sign the document at the bottom in the presence of the JP or other prescribed witness.
What is the Purpose of a Statutory Declaration?
The purpose of making a statutory declaration is to provide evidence that an event or fact has occurred. It carries greater weight than you simply stating something orally or writing it on a form, or in a letter or email. The reason it carries greater weight is that there are penalties for knowingly making a false statutory declaration.
In some cases, such as in disputes over property ownership, statutory declarations may be used to verify details about an event or situation. In other cases, such as with criminal investigations, statutory declarations may be used to provide evidence that could (usually with the defendant’s consent) be used in court.
Requirements for Making a Statutory Declaration
Statutory declarations are formal statements made under Oaths Act 1900. The person making the declaration is called the declarant. The declarant must solemnly and sincerely declare that the contents of the statutory declaration are true and correct ” conscientiously believing the same to be true” is the wording which should be used. The document must be signed and witnessed by a Justice of the Peace or other person authorized by law to administer oaths or take affidavits.
A statutory declaration is a legal document that can be used to provide evidence in support of a claim or statement. In NSW Australia, a statutory declaration can be used for a variety of purposes, such as to support an application for a driver’s license or to verify identity. To make a statutory declaration, the person making the declaration must be over 18 years of age and must have personal knowledge of the facts stated in the declaration.
What if You Make a Mistake on your Stat Dec?
If you make a mistake on your statutory declaration, you can rectify the mistake by initialling the error and asking the witness to initial the error, before signing and dating the statutory declaration, If you discover the error after you have made the Statutory Declaration and handed it to whomever requested it, if the error is anything more than minor, you could make a second statutory declaration pointing out the error, the circumstances in which the error was made.
False or Misleading Declaration
If you make a false or misleading statutory declaration in NSW, you may be liable for criminal prosecution and/or civil penalties.
Making a false or misleading statutory declaration can have serious consequences. Criminal prosecution may result in a jail sentence, and/or a fine. Civil penalties may include a financial penalty, an order for the defendant to pay damages to any victim, or both.
If you are unsure about whether you have made a false or misleading statutory declaration, or if you are charged with making a false statement, you should seek legal advice.
Summary
Statutory declarations are an important part of the Australian legal system, and can be used to help prove a truth or falsity in court. Anyone can make a statutory declaration, but there are some things to keep in mind if you decide to make one.
Firstly, make sure that you have everything that you need before you commence making your declaration. This includes any documents that support your statement, as well as any witnesses or other evidence that you may need to provide. It’s also beneficial to have someone else review your statement for accuracy before you give it to the courts.
Secondly, be sure to read and understand the nature of a statutory declaration before making one.
Finally, remember that a statutory declaration must be signed in the presence of, and witnessed by, a particular type of witness. A Justice of the Peace is the most common of these.
For more information about how to write a statutory declaration, you can contact the NSW Office of Fair Trading or seek legal advice.
