Modernising document execution: consultation on proposed reform to the execution of Commonwealth statutory declarations

Closed 28 Jul 2023

Opened 6 Jul 2023

Contact

ModernisingDocumentExecution@ag.gov.au

Feedback updated 19 Sep 2023

We asked

In July 2023, we sought public submissions for a proposal to amend the Statutory Declarations Act 1959 and the Statutory Declarations Regulations 2018 to introduce new ways of executing Commonwealth statutory declarations.

The framework would allow a Commonwealth statutory declaration to be executed in any of the following ways:

  • traditional paper-based execution (requiring wet-ink signatures and in-person witnessing)
  • e-execution (allowing electronic signatures and witnessing via audio-visual link)
  • digital execution (end-to-end online execution, with digital identity providers to verify identity and satisfy witnessing requirements).

You said

We received written submissions from a range of stakeholders, including interest groups, academics and individuals. Stakeholders noted that the proposal would provide options for making statutory declarations that will increase accessibility for all Australians, regardless of their circumstances.

Stakeholders generally noted that electronic execution can save individuals and small businesses time and money, that the temporary measures have worked effectively, and that the COVID temporary measures should be retained. Stakeholders were also strongly of the opinion that the traditional, paper-based method be retained.

The digital option was also well received. Stakeholders noted the reform would have the following benefits:

    • convenience and efficiency savings
    • the potential to save individuals and small businesses both time and money
    • accessibility gains, particularly for those in the community with restricted mobility, sensory or anxiety concerns, or individuals in remote areas or with limited access to witnesses
    • increased accessibility corresponds to increased access to justice where the statutory declaration is being used within legal system frameworks in particular.

The digital option was seen to reduce the risk of invalid declarations (e.g. failure to comply with the formalities). The ability to leverage an individual’s established digital identity with appropriate protections would also result in welcome efficiencies and flexibility, saving time and money. Some stakeholders supported the digital option, provided that there were appropriate privacy protections, data security, and fraud detection and prevention measures.

Thank you to all who provided a response.

We did

The input we received made a substantial contribution to the development of the final proposed reform, including a number of safeguards that will address the issues raised by stakeholders.

The Attorney-General introduced the Statutory Declarations Amendment Bill 2023 into the House of Representatives on 7 September 2023. Access the Bill and accompanying Explanatory Memorandum on the Australian Parliament House website. 

Published responses

View submitted responses where consent has been given to publish the response.

Overview

We are seeking stakeholder views on a proposal to amend the Statutory Declarations Act 1959 and the Statutory Declarations Regulations 2018 to introduce new ways of executing Commonwealth statutory declarations.

Why we are consulting

The Australian Government introduced temporary measures allowing electronic execution of Commonwealth statutory declarations in response to the COVID‑19 pandemic. This allows you to make a Commonwealth statutory declaration by applying an electronic signature that is witnessed through an audio-visual link. These temporary measures are due to expire on 31 December 2023.

The expiry of these measures provides an opportunity to revisit the outcomes of the consultation the Deregulation Taskforce, Department of the Prime Minister and Cabinet (now Regulatory Reform Division, Department of Finance) undertook in 2021 on modernising document execution.

This consultation found that there was strong stakeholder support for modernising execution pathways for certain solemn documents, in particular statutory declarations and deeds. It found that the paper-based method did not meet the evolving needs and expectations of individuals or small businesses, and that there were savings in both time and money by allowing electronic and digital execution pathways.

In fact, modelling undertaken for the 2021 consultation process found that more than 3.8 million statutory declarations are completed each year by small and medium enterprises (SMEs) and consumers. It was estimated that SMEs and consumers spent around 9 million hours a year printing and collecting, travelling to authorised witnesses, discussing and filling out declarations with witnesses, making copies and submitting completed declarations.

It is proposed that the Act and Regulations be amended to establish a legislative framework that is fit for purpose, and reflects the optionality and flexibility that Australian businesses and consumers are looking for. The framework would allow a Commonwealth statutory declaration to be executed in any of the following ways:

  • traditional paper-based execution (requiring wet-ink signatures and in-person witnessing)
  • e-execution (allowing electronic signatures and witnessing via audio-visual link)
  • digital execution (end-to-end online execution, with digital identity providers to verify identity and satisfy witnessing requirements).

This framework will not only provide savings to individuals and businesses through time and costs reductions, but also increase accessibility for those Australians who may experience difficulties in fulfilling paper-based execution requirements, such as those experiencing low mobility, disability, or those located in rural, regional or remote areas.

By providing multiple options for execution, it will be open to declarants to choose which method suits them best, meaning that those without adequate access to technological devices or internet connectivity, or those who may prefer not to engage with the electronic or digital execution options, will not be disadvantaged.

The proposal would involve minor amendments to the Act prescribing the execution options available to validly execute a Commonwealth statutory declaration, supported by regulations setting out the technical requirements for each prescribed execution option.

We are particularly interested in stakeholder views on the proposal to allow digital execution of a Commonwealth statutory declaration, which is the main subject of this paper. This aspect of the proposal would integrate with the Australian Government Digital Identity System, and in the first instance, support the expansion of services offered through the myGov platform.

The Australian Government proposes amendments to the Act and Regulations to permanently provide these execution options before the temporary measures expire on 31 December 2023.

Who we want to hear from

We invite public submissions on the proposals discussed in this consultation paper. While questions are included in the paper as a guide these are not intended to limit responses.

Provide submissions and feedback using the ‘Have your say’ link at the bottom of this page. The closing date for submissions is 28 July 2023.

We will treat all submissions and the names of people and organisations that make a submission as public, and may publish them here, unless you request that your submission be kept confidential, or if we consider (for any reason) that it should not be made public. Any submission provided on a confidential basis remains subject to the Freedom of Information Act 1982.

We retain discretion about publishing and sharing submissions. Submissions provided without a confidentiality request may be published here. We may also redact parts of published submissions if appropriate.

Please provide your response and any attachments online by following the ‘Have your say’ link at the bottom of this page. If you have challenges providing your submission online, you can email it to ModernisingDocumentExecution@ag.gov.au.
 

Interests

  • Government
  • Legislation
  • Privacy