Statutory Review of the Statutory Declarations Act 1959
Are any changes needed to improve the alignment of the Act and Regulations with the Australian Government Digital ID System (the AGDIS)?
The Regulations prescribe myGovID (now known as myID) as the only approved identity service provider for the purposes of the digital statutory declaration service. Currently, myID (administered by the Australian Taxation Office) is also one of the very few accredited identity service providers that are approved to participate in the AGDIS. However, from 30 November 2026, private sector entities will also be able to apply to the Digital ID Regulator (i.e. the Australian Competition & Consumer Commission (ACCC)) to participate in the AGDIS, including as an identity service provider. These developments raise the question of whether the Statutory Declarations Act and Regulations should be amended to specifically recognise accreditation under the Digital ID Act as sufficient for an identity service provider to be treated as an approved identity service for the purposes of the statutory declarations framework, potentially reducing the need for separate assessment and prescription of approved providers under the statutory declarations framework and improving efficiency.
Page 11 of the discussion paper provides additional information on the AGDIS and its interaction with the Act and Regulations.
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