Commonwealth
Commonwealth statutory declarations, witnessed online
Declarations for federal departments and agencies, Services Australia, the Australian Taxation Office, immigration matters and superannuation. Witnessed by video link by an Australian legal practitioner, from anywhere in the country.
From $39 per document, booked or on demand. Sessions run weekdays 12:15pm – 1:30pm and 5:30pm – 9:00pm, Saturdays 9:00am – 6:30pm and Sundays 9:00am – 8:30pm, Brisbane time. Outside those hours you can book ahead.
The law that applies
Commonwealth statutory declarations are governed by the Statutory Declarations Act 1959 (Cth). A substantial proportion of the declarations made in Australia are Commonwealth ones, including declarations for federal departments and agencies, Services Australia, the Australian Taxation Office, immigration matters and superannuation.
Section 9 provides:
A statutory declaration satisfies the requirements of this section if… (b) the declaration is signed by the declarant under the observation of a prescribed person in either of the following cases: (i) in person; (ii) by video link…
Video link is therefore not a concession or a temporary arrangement. It sits in the section alongside signing in person.
Section 9 contains no geographic limitation. Neither the declarant nor the prescribed person is required to be in any particular state, and section 5(1) provides that the Act applies both within and without the Commonwealth. The class of prescribed persons is defined by professional qualification rather than by place of residence.
That last point matters more than it sounds. A person in Western Australia or Tasmania may make a Commonwealth statutory declaration by video link, and we are able to witness it, even though we cannot witness documents made under Western Australian or Tasmanian law. The question is the law under which the document is made, not where the person making it happens to be.
Who may witness it
The class of prescribed persons for a Commonwealth statutory declaration is broad, covering well over a hundred occupations. It includes legal practitioners, pharmacists, accountants, police officers and bank officers with five years’ service.
Your document is witnessed by an Australian legal practitioner. A legal practitioner is an authorised witness for statutory declarations and affidavits in every jurisdiction we cover, including when witnessing by audio-visual link.
The witness should also be independent of the document. Somebody with an interest in the outcome is not a suitable choice, even where they hold an appointment that would otherwise qualify them.
Legislation
The Acts referred to above. Where we hold a verified government link we have used it. The rest are cited in full so you can find the current version yourself rather than relying on a copy of it somewhere else.
What we witness, and what we refuse
Statutory Declaration
A written statement you declare to be true. Common for insurance, super, government forms and identity matters.
Affidavit
A sworn or affirmed written statement for use in court or tribunal proceedings.
Contract or Deed
A commercial agreement or deed that needs a witness to its execution. Tell us what it relates to next.
Something else
Bank forms, statements, insurance paperwork, licensing forms and the like. If the practitioner can't witness it, the session ends and you aren't charged.
Documents we will not witness online
- Wills & Codicils
- We don't witness wills or codicils online. Please see a solicitor or JP in person.
- Powers of Attorney
- We don't witness powers of attorney online. Please see a solicitor or JP in person.
- Health & Advance Care Directives
- We don't witness advance health or care directives online. Please see a solicitor or JP in person.
- Land Title & Property Registry Forms
- We don't witness land title or property registry instruments online. Please see a solicitor or JP in person.
For any of those, see a witness in person. We also witness your signature only. We do not advise you on whether what you have written is correct, or whether the document is the right one for what you are trying to do.
How it works, start to finish
Step 1
Tell us which law applies
Pick the state or territory the document is made under, and what kind of document it is. That decides the endorsement the practitioner has to apply.
Step 2
Go now, or book a time
On demand connects you to whoever is free, usually within a few minutes. Booking lets you pick a slot, from 30 minutes ahead.
Step 3
Upload it, and fill it in
Drag in a PDF, or photograph a paper document with your phone. Complete the blanks on screen, but do not sign anything yet.
Step 4
Prove who you are
Photograph the front and back of a physical Australian driver licence, or the photo page of a passport, and take a selfie. The practitioner checks these against you live.
Step 5
Sign on camera, then download
The practitioner watches you sign, signs as your witness, and applies the endorsement. You pay afterwards and download the witnessed PDF straight away.
The full walkthrough, including what to do when something goes wrong, is on the support page.
Common questions
- Can a Commonwealth statutory declaration be witnessed over a video call?
- Yes. Section 9 of the Statutory Declarations Act 1959 (Cth) provides that the requirements of that section are satisfied where the declaration is signed by the declarant under the observation of a prescribed person, either in person or by video link.
- Do I have to be in a particular state to make one?
- No. Section 9 contains no geographic limitation, neither the declarant nor the prescribed person is required to be in any particular state, and section 5(1) provides that the Act applies both within and without the Commonwealth. The class of prescribed persons is defined by professional qualification rather than by place of residence.
- I live in Western Australia or Tasmania. Can you still help?
- For a Commonwealth statutory declaration, yes. The location of the declarant is immaterial. What we cannot witness is a document made under Western Australian or Tasmanian law, because neither state has legislated to permit witnessing by audio-visual link.
- How do I know whether my declaration is a Commonwealth one?
- It usually is where the document is going to a federal department or agency, Services Australia, the Australian Taxation Office, an immigration matter or a superannuation fund. If you are not sure, choose the closest option when you start and say so on the call, and the practitioner will confirm it before anything is signed.
- Who actually witnesses the document?
- An Australian legal practitioner, on a live video call. A legal practitioner is an authorised witness for statutory declarations and affidavits in every jurisdiction we cover. The practitioner confirms who you are and which document you are signing, watches you sign it on screen, and then signs as your witness and adds the witnessing endorsement for your jurisdiction.
- What does it cost, and when are you open?
- A flat $39 per document, whether you book a slot or connect on demand. Sessions run weekdays 12:15pm – 1:30pm and 5:30pm – 9:00pm, Saturdays 9:00am – 6:30pm and Sundays 9:00am – 8:30pm, Brisbane time, and the earliest you can book is 30 minutes ahead. You pay after the document is witnessed, and there is no charge if it isn't. Not every slot is available, so check the calendar.
- What do I need to have ready?
- Your document as a PDF or Word file and unsigned, a physical Australian driver licence, Australian passport or foreign passport, a device with a camera and a microphone, and about ten minutes somewhere you can be seen and heard. Do not sign the document beforehand: the signature has to be made while the practitioner is watching.
- Which Commonwealth documents will you not witness?
- We do not witness wills or codicils, enduring powers of attorney, advance care or health directives, or land title and property registry instruments. For those, see a solicitor or JP in person.
This page is general information about how these documents work. It is not legal advice and is not a substitute for advice on your own circumstances. We witness your signature; we do not advise you on the document.
Other jurisdictions
- QueenslandOaths Act 1867 (Qld)
- New South WalesElectronic Transactions Act 2000 (NSW)
- VictoriaOaths and Affirmations Act 2018 (Vic)
- South AustraliaOaths Act 1936 (SA)
- Australian Capital TerritoryStatutory Declarations Act 1959 (Cth)
- Northern TerritoryOaths, Affidavits and Declarations Act 2010 (NT)
Western Australia and Tasmania are not covered, because neither state has legislated to permit witnessing by audio-visual link. We have set out the position in each in detail, including the reason a resident of either can still make a Commonwealth statutory declaration by video link.
Need it witnessed today?
An Australian legal practitioner, on a video call, in about ten minutes. You pay after it is done, and there is no charge if we cannot help.