A statutory declaration is a written statement of facts made voluntarily and solemnly declared before an authorised witness — such as a justice of the peace, a pharmacist, or a solicitor. It is a formal legal document governed by state and territory legislation (and the Commonwealth Statutory Declarations Act 1959 for federal purposes).
What it means when you sign one:
- You are formally attesting that the contents of the declaration are true to the best of your knowledge and belief.
- The declaration carries legal weight — it can be used in legal proceedings as evidence of your stated position.
- It is not the same as sworn evidence given under oath in court, but it has comparable legal seriousness.
Consequences of a false declaration: Making a false statutory declaration is a criminal offence in Australia. Under the Commonwealth Statutory Declarations Act, making a false declaration can result in a fine or imprisonment. State and territory legislation carries equivalent penalties.
In the context of disputing a debt: If you have signed a statutory declaration stating that a debt is not yours or has been paid, and that statement is false, you may face criminal exposure in addition to having the dispute rejected. Only sign a statutory declaration if you genuinely and honestly believe the statements it contains are accurate.
If you have any concerns about a declaration you have signed, seek independent legal advice promptly.
Was this article helpful, or still not sure? Our team is happy to talk it through.