Statutory Declaration for Aussie Expats
Thousands of Aussie expats are still managing property, finances, and family matters back home — and for many, a single document can hold everything up.
Picture this: you’ve found the perfect investment property, your loan is approved, and your lender just needs one final signature, a statutory declaration, while you’re sitting in your apartment overseas.
It’s a common scenario, and it often catches expats off guard. But the process doesn’t have to be confusing.
This guide breaks down exactly what a stat dec is, the key differences between Commonwealth and state versions, and the latest 2026 updates that allow remote witnessing through video calls and digital signatures for expats. You’ll learn how to complete and certify your document from anywhere in the world — quickly, correctly, and with total confidence.
What Is a Statutory Declaration?
A statutory declaration is a formal, written statement that you declare to be true and correct.
You must sign it in the presence of an authorised witness, making it a serious legal document, not just a simple signed letter.
Its power comes from the law that governs it, the Statutory Declarations Act 1959 for federal matters. This legal backing means government agencies, banks, and other organisations trust it as a form of evidence.
They rely on Stat Decs because intentionally making a false statement is a serious criminal offence, equivalent to perjury.
The penalty for a false declaration under Commonwealth law can be imprisonment for up to four years. State and territory laws have similarly strict penalties, such as fines and jail time.
It’s important to remember that a Stat Dec is a personal statement. It must be made by an individual for themselves.
A company cannot make one, and you cannot make one on behalf of someone else. Every time you prepare a statutory declaration, you are performing a significant legal act and are personally accountable for its truthfulness.
When Do You Need a Stat Dec as an Aussie Expat?
As an Australian expat, you’ll likely need a Stat Dec for major life events that connect back to Australia.
This often involves proving facts for visa applications, handling financial or property deals, or updating your personal identity documents from overseas.
Immigration and Visa Applications
This is one of the most common reasons expats need a statutory declaration.
The Department of Home Affairs requires Stat Decs for many visa applications, especially partner and family visas.
You use them to provide evidence about the genuine nature of your relationship when other documents are not enough.
Financial and Property Matters
You may need a Stat Dec when managing your finances in Australia from abroad. This could be for an insurance claim or to access your superannuation funds.
It’s also a common requirement when applying for a mortgage to buy an Australian property while living overseas.
A Stat Dec can provide supplementary information that a lender might need to assess your application.
Identity and Personal Details
A Stat Dec is a standard tool for legally declaring a change of name.
This is very useful if you marry or divorce overseas and need to update your Australian passport or driver’s licence.
It can also be used to confirm your identity or prove your age if you don’t have primary documents available.
Getting Married Overseas
If you plan to marry in another country, you might need a Certificate of No Impediment to Marriage (CNI).
This certificate is issued by Australian authorities to prove you are free to marry. The application for a CNI is a statutory declaration where you declare this fact.
👉 We can help you with Stat Decs and all other procedures for Aussie Expat Home Loans from overseas.
Which Stat Dec Do You Need?
A Commonwealth Stat Dec is used for all federal matters, like visas or passports.
A state or territory Stat Dec is needed for specific state issues, like renewing a driver’s licence or some property dealings.
This table gives you a clear comparison to help you choose the right Stat Dec.
| Feature | Commonwealth Statutory Declaration | State / Territory Statutory Declaration |
|---|---|---|
Governing Law | Statutory Declarations Act 1959 (Cth) | Specific state / territory acts (e.g. Oaths Act 1900, NSW) |
When to Use | Federal matters—Visas, passports, ATO, Centrelink, ACT/Territory matters. | State / Territory matters—Some property deals, state court proceedings, state licences. |
Key Forms | Available from the Australian Attorney-General’s Department website. | Available from the respective state or territory’s Department of Justice website. |
Witnessing Overseas | Flexible modern options—Digital (myGov), remote video link, or in-person. | Often more restrictive. Rules vary by state; you must check their specific requirements. |
Learn more about when to use which type of Australian Stat Dec below.
When to Use a Commonwealth Statutory Declaration
You will need a Commonwealth statutory declaration for any issue governed by the Australian Federal Government.
This is the version most frequently used by Australian expats. It is the official federal form under the Statutory Declarations Act 1959 (Cth).
Clear examples of when to use a Commonwealth Stat Dec include:
- Applications for an Australian passport.
- All visa and immigration matters with the Department of Home Affairs.
- Dealings with federal agencies like the ATO, Centrelink, or ASIC.
- Any legal matters related to the Australian Capital Territory (ACT).
When to Use a State or Territory Stat Dec
A state or territory Stat Dec is for matters governed by the laws of that specific jurisdiction. Each state and territory has its own legislation and forms.
For example, New South Wales uses the Oaths Act 1900 and Victoria uses the Oaths and Affirmations Act 2018.
Clear examples include:
- Many real estate and land transactions, as these are governed by state law.
- Proceedings in state-based courts or tribunals.
- Applications to state government bodies, such as renewing a state-issued driver’s licence or a trade qualification.
Be aware that getting a state-based Stat Dec witnessed overseas can be more difficult. The convenient digital and remote options available for Commonwealth forms may not apply.
Always check the specific rules on the relevant state or territory’s Department of Justice website.
Before you start, confirm which type of Stat Dec is required. Check with the organisation or government department that requested it.
This single step can save you a lot of time, stress, and money, which is especially important when you’re managing things from another country.
Statutory Declaration Forms for Each Australian State and Territory
Find the links to the statutory declaration forms for all the Australian states and territories below.
| Australian State / Territory | Official Form Link |
|---|---|
New South Wales | |
Queensland | |
South Australia | |
Northern Territory | |
Western Australia | |
Victoria | |
Tasmania | |
Australian Capital Territory |
You must use the correct form for the right government body to avoid having your document rejected.
AU Expats—Expert Help for Australian Expats
- Navigating Australian financial matters like mortgages or taxes from overseas can be complex. A statutory declaration is often a key piece of the puzzle, but it's just one part of the process.
- If you need expert guidance on the financial paperwork for your property purchase or tax obligations, our specialists are here to help.
- Book a consultation with one of our specialists today to get clear, actionable advice tailored to your unique circumstances as an expat.
- Speak with an Aussie expat mortgage & tax specialist
How to Make a Statutory Declaration from Overseas
Modern rules for Commonwealth Stat Decs have made the process much easier for expats.
You can now create one digitally without a witness, use a video link to a witness in Australia, or see an approved person overseas for witnessing.
These convenient options generally apply only to Commonwealth statutory declarations, so it’s vital to know which form you need.
Using myGov (Commonwealth Only)
The easiest method for a Commonwealth Stat Dec is the fully digital option using your myGov account.
Made permanent in 2024, this innovation removes the need for a witness entirely.
Your identity is verified digitally using your myGovID when you log in and create the document. This is the best option if you need a Commonwealth Stat Dec and have a myGov account.
Here’s how it works:
- Ensure you have a myGov account and have set up your myGovID.
- Log in to your myGov account.
- Find the digital statutory declaration service.
- Follow the prompts to enter your declaration details.
- Use your myGovID to digitally sign the document.
- Download your completed and legally valid digital Stat Dec.
Witnessing by Video Link (Commonwealth Only)
If you cannot use myGov, remote witnessing is the next best choice for a Commonwealth Stat Dec.
This allows an approved witness in Australia to watch you sign via a video call on services like Zoom, Skype, or FaceTime.
You can find a friend, family member, or professional in Australia who has a qualifying occupation.
The process is straightforward:
- Arrange a video call with an approved witness in Australia.
- During the call, the witness must watch you sign the Stat Dec form. You can sign a paper copy with a pen or sign an electronic copy.
- Immediately send a copy of the signed document to the witness. A scan or high-quality photo sent by email is acceptable.
- The witness will then sign your document (either by printing it or signing electronically).
- The witness sends the final, fully signed document back to you.
In-Person Witnessing Overseas
In-person witnessing is still necessary in some cases.
You’ll need this method for a state or territory Stat Dec that doesn’t allow remote options, or if you can’t use the digital methods for a Commonwealth dec.
You have two main options for finding a witness abroad:
- Australian Embassy, High Commission, or Consulate: Staff at Australian diplomatic posts can witness Commonwealth Stat Decs. This is a reliable option but often requires booking an appointment well in advance and paying a consular fee.
- Local Notary Public: A notary public appointed in your country of residence can witness a Commonwealth Stat Dec. This is often faster than visiting a consulate, but their fees can be higher. For a state Stat Dec, you must check if a local notary is an acceptable witness under that state’s laws.
👉 Also see: Power of Attorney for Australian Expat Mortgages
Who Can Witness Your Statutory Declaration?
Only a person from a legally approved list of occupations can witness your Stat Dec.
For expats completing a Commonwealth Stat Dec overseas, the witness must generally have a ‘professional connection to Australia’.
You can also use a local notary public.
The 'Professional Connection to Australia' Rule Explained
This rule is crucial for expats using an in-person witness other than a notary.
The person witnessing your Commonwealth Stat Dec must be licensed or registered to practise their profession in Australia.
This includes Australian-registered doctors, lawyers, or migration agents.
For example, an Australian-registered nurse on holiday in London can witness your Stat Dec.
However, a British nurse registered only in the UK cannot. The connection is to their professional registration in Australia, not their location.
The Notary Public Exception
There is one major exception for expats: the notary public.
A notary public who is appointed or registered in the country where you are signing is an authorised witness for a Commonwealth statutory declaration.
They do not need any connection to Australia, which makes them a very accessible option.
Approved Witness List for Expats (Commonwealth Stat Decs)
This summary lists authorised witnesses for a Commonwealth statutory declaration. It is based on the Statutory Declarations Regulations 2023.
Category 1: At an Australian Embassy or Consulate
- Australian Consular or Diplomatic Officer.
- Authorised employee of the Australian Trade and Investment Commission (Austrade) or the Commonwealth.
Category 2: Locally in Your Country of Residence
- Notary Public (appointed in that country).
- Any person from Category 3 who meets the ‘professional connection to Australia’ rule.
Category 3: Approved Professions (Must have a ‘professional connection to Australia’)
- Legal & Financial: Legal practitioner, patent attorney, specific types of accountant, financial adviser, or a bank officer with 5+ years of service.
- Medical & Health: Medical practitioner, dentist, nurse, pharmacist, psychologist, etc.
- Other Professionals: Architect, full-time teacher, registered migration agent, Justice of the Peace (appointed in Australia), Australian police officer, or member of the Australian Defence Force (with specific criteria).
A Warning for State or Territory Witness Lists
The list above applies only to Commonwealth statutory declarations. The lists of approved witnesses for state and territory Stat Decs can be very different.
For example, the Northern Territory allows any person over 18 to be a witness, while other states are more restrictive.
You must check the official witness list from the relevant state or territory’s justice department.
👉 Check out: Mortgage Documents Witness Requirements in Australia
The Step-by-Step Guide to Completing Your Stat Dec
To create a valid Stat Dec, you must follow a formal procedure.
You need to use the right form, fill it in correctly, but not sign it. You sign it later in front of your witness while making a verbal declaration.
1. Get the Correct Form
Always start with the most current official form. This ensures it complies with the latest laws.
- For a Commonwealth Stat Dec, download the form from the Australian Attorney-General’s Department website. You can get a blank PDF or use the online generator.
- For a State or Territory Stat Dec, go to the relevant justice department’s website to find their specific form.
Links for both are available in the relevant sections above.
2. Fill in the Details (But Don't Sign!)
Complete the main sections of the form before you meet your witness. Enter your full name, address, and occupation.
Then, write the facts you are declaring clearly and concisely in the main body, using numbered paragraphs for readability.
The most critical mistake is signing the document too early.
Do not sign or date the declaration until you are with your authorised witness. A pre-signed Stat Dec is invalid and will be rejected.
3. The Witnessing 'Ceremony'
This is the formal execution of the document. You will need to show the witness a valid photo ID, like a passport.
The law requires you to say prescribed words aloud, such as ‘I, [full name] of [address], declare that the contents of this statutory declaration are true and correct.’
After making this oral declaration, you will sign and date the document in the witness’s view.
The witness will then sign and add their details, including their qualification to be a witness (e.g., ‘Notary Public’).
If the document has multiple pages, both you and the witness should initial every page.
4. Handling Attachments (Exhibits)
If your Stat Dec refers to other documents, like a copy of a passport or a photo, you must attach them. These are called ‘exhibits’ or ‘annexures’.
You must refer to each attachment in the text (e.g., ‘A copy of my birth certificate is attached and marked as Annexure A’).
It’s standard practice for both you and the witness to sign or initial every page of each attachment to verify it.
👉 We also help with Australian Taxes for Aussie Expats Living Overseas.
Stat Dec vs Affidavit
A Stat Dec is for official business outside of a courtroom, while an affidavit is a sworn statement of evidence specifically for use in court proceedings.
The verbal ceremony also differs.
For an affidavit, you ‘swear’ an oath or ‘affirm’ the contents are true. For a statutory declaration, you ‘declare’ the contents are true, with the legal force coming from the penalties defined in the relevant Act.
The table below summarises the key differences.
| Aspect | Statutory Declaration | Affidavit |
|---|---|---|
Primary Purpose | Administrative and legal matters outside of court. | To provide sworn written evidence for court proceedings. |
Verbal Act | You declare the contents are true. | You swear an oath or affirm the contents are true. |
Legal Basis | Statutory Declarations Act 1959 (Cth) or state equivalent. | Rules of court and various Oaths Acts. |
Typical Use for Expat | Partner visa application, proof of name change, superannuation claim. | Evidence for a family law matter or civil dispute in an Australian court. |
Penalty for Falsehood | A specific criminal offence under the relevant Act, with penalties like imprisonment. | The crime of perjury, which carries severe criminal penalties. |
Knowing the difference is essential, as they serve different legal purposes.
FAQs about Statutory Declarations for Australian Expats
Here are answers to some of the most common questions from Australian expats.
How much does it cost to get a Stat Dec witnessed overseas?
The cost varies. The myGov digital option for a Commonwealth Stat Dec is free.
Remote witnessing with a professional in Australia may have a fee, though a Justice of the Peace (JP) cannot charge for their services.
Australian embassies charge a set notarial fee (approx. AUD $88 in early 2025), while local notaries set their own fees, which can be much higher.
Can I use a Stat Dec to prove my address or change of name?
Yes, these are common uses for a Stat Dec. A statutory declaration is often the required document for declaring a name change after marrying overseas.
It can also be used to declare your residential address, which is useful for expats who lack standard proof like a utility bill.
However, always check if the receiving organisation accepts it for this purpose.
What are the Stat Dec requirements for a partner visa?
Stat Decs are essential for Australian partner visa applications.
Both the applicant and the sponsoring partner must provide their own detailed Stat Decs outlining the history of their relationship.
You also need at least two supporting Stat Decs (on Form 888) from Australian citizen or permanent resident witnesses who can vouch for your relationship.
How can my non-expat parents sign a Stat Dec from overseas?
Your parents, even if they aren’t Australian citizens, can use the same methods to complete a Commonwealth Stat Dec.
They can use:
- The myGov digital option if they have an account,
- Remote video witnessing with an approved person in Australia, or
- Visit a local notary public in their country of residence.
Does a statutory declaration expire?
A Stat Dec does not have a formal expiry date. It is a factual statement true at the time it was signed.
However, the receiving organisation may have its own policy, often requiring the document to be made within the last 3 to 6 months.
Always check their recency requirements.
Can a family member be my witness?
A family relationship does not matter; only the person’s professional qualification does.
If your father is a registered doctor in Australia, he can witness your Commonwealth Stat Dec due to his profession.
If your brother is not in an approved occupation, he cannot be your witness, regardless of your relationship.
To recap, a statutory declaration is a formal, written statement you declare to be true and correct before an authorised witness.
For Australian expats, it’s often required for significant events like visa applications, property and financial matters, or legally changing your name.
AU Expats—Gain Full Confidence for Compliance
- Juggling Aussie property, taxes, and documents like stat decs from overseas is complex.
- Don't let confusing paperwork derail your financial goals.
- As specialists in expat mortgages and tax, Odin Mortgage supports your entire property journey. We handle the complexities so you can focus on your dream.
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Key Takeaways
- A statutory declaration is a formal, written statement declared as true before an authorised witness. ⬆️
- Expats need stat decs for major life events like visas, property deals, or updating personal details. ⬆️
- Use a Commonwealth form for federal matters and a state/territory form for local jurisdictional issues. ⬆️
- Official statutory declaration forms for each Australian state and territory are available via provided links. ⬆️
- Make a stat dec from overseas digitally via myGov, by video link, or with an in-person witness. ⬆️
- Only an approved professional, often with an Australian connection, or a local notary public can be a witness. ⬆️
- Complete the correct form, then verbally declare and sign it in front of an authorised witness. ⬆️
- A stat dec is for administrative matters, while an affidavit is sworn evidence for court proceedings. ⬆️
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