Statutory Review of the Statutory Declarations Act 1959

Closes 1 Mar 2026

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To what extent has the expansion of execution options improved efficiency and convenience for Australians when making a Commonwealth statutory declaration?

Historically, the Act only permitted paper-based statutory declarations, requiring wet-ink signatures and in-person witnessing. Amendments to modernise the Act came into effect on 1 January 2024, allowing statutory declarations to be made in any of 3 equally valid and legally effective forms:

  • through an end-to-end digital process using myID and myGov, with verification of identity playing an equivalent role to that of a witness under the other 2 options
  • using electronic signatures and video-link witnessing
  • the traditional, paper-based method.

Pages 4-6 of the discussion paper provide more information on all methods of executing statutory declarations and outlines what we know about their use. We welcome feedback on your experiences with each type of execution method, particularly where you have found processes are effective or where you have identified gaps or challenges.

Please provide your views by answering the below questions. You do not need to answer them all – you may respond only to those that are relevant to you or your organisation.

1. In your experience, how aware is the public (including declarants, witnesses and requestors) of the different options available under the Act for executing a statutory declaration?

A declarant is the person making the statutory declaration. A witness is someone who is approved under the Regulations to witness the signing of a Commonwealth statutory declaration. A requestor is the person or entity who has asked the declarant to make the statutory declaration.

(Please select one)

2. In your experience, do requestors consistently accept statutory declarations as valid, regardless of whether they are executed digitally, electronically or on paper?

(Please select one)

3. When using myGov to complete a statutory declaration, have you ever started but not completed the process?

(Please select one)

4. Have digital and electronic statutory declarations resulted in measurable time and cost savings for declarants or businesses?
5. To what extent do the expanded statutory declarations options improve accessibility?

Including, but not limited to people with disability, First Nations people, people from culturally and linguistically diverse backgrounds, and people who live in rural, regional or remote parts of Australia.

(Please select one)

6. Have you observed any unintended consequences arising from the legislative amendments, positive or negative?

(Please select one)

7. Are there any aspects of the Commonwealth statutory declarations framework that could be improved to better meet the needs of declarants, witnesses and requestors?

A declarant is the person making the statutory declaration. A witness is someone who is approved under the Regulations to witness the signing of a statutory declaration. A requestor is the person or entity who has asked the declarant to make the statutory declaration.

(Please select one)