Are we witnessing the end of witnessing Statutory Declarations?
Earlier this year, the federal government amended the Statutory Declarations Act in two important ways.
Firstly, temporary measures which permitted electronic execution and witnessing (first implemented during Covid lockdowns) were made permanent. These changes allow a statutory declaration to be made using an audio-video link such as Zoom or Teams.
Secondly, and more significantly, statutory declarations can now be made online using digital verification. This means that a witness is no longer required.
Digital verification
In practice, the effect of this change is to allow a declaration to be made using myGovID.
The purpose of a witness is merely to confirm that the named declarant is indeed the person making the declaration. By having the declarant verify their identity using myGovID, the need for a witness to confirm that person’s identity falls away.
The claimed benefit of these changes is to reduce the expense and difficulty in making a statutory declaration. For example, people who live remotely will not have to travel long distances to meet with a witness. Furthermore, declarants will not have to waste time trying to find an authorised witness.
Individuals will need to set up a myGovID. This can be done using the myGovID app and will require identity documents. Learn more here.
Once a declaration is complete, the declarant will be able to download it in order to print or share. The declaration will also include a QR code allowing organisations to check the authenticity of the document.
Because statutory declarations often include personal information, the amendments to the legislation require that myGov is not to retain copies of the declarations.
Changes only apply to federal declarations
Because this is a change to federal legislation (and not to the laws of the States, each of which have their own rules regarding witnessing), a digital declaration can be used for matters involving federal legislation, such as visa applications, superannuation matters and employment claims.
Each state still has its own laws concerning statutory declarations. Where a declaration is required for a state-based matter, the declaration will need to be made in line with those laws. Generally, they will permit declarations made online using a witness by audio-video link, but will not yet permit a declaration without a witness using digital verification. The recent passage of the federal Digital ID Bill into law will allow the states to participate in the myGovID scheme, so digitally verified statutory declarations may be adopted at State level in the future.
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This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.
