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WA Statutory Declaration Template

This document outlines the requirements for making a statutory declaration in Western Australia. It provides the template for the statutory declaration, including spaces for the declarant's name, address, occupation, and content of the declaration. It specifies that the declaration must be made before an authorized witness from a list of occupations, and notes that as of 2006 there are no commissioners for declarations in Western Australia.
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0% found this document useful (0 votes)
233 views2 pages

WA Statutory Declaration Template

This document outlines the requirements for making a statutory declaration in Western Australia. It provides the template for the statutory declaration, including spaces for the declarant's name, address, occupation, and content of the declaration. It specifies that the declaration must be made before an authorized witness from a list of occupations, and notes that as of 2006 there are no commissioners for declarations in Western Australia.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Statutory Declaration Form
  • Important Information

WESTERN AUSTRALIA

OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005

STATUTORY DECLARATION

I, .........................................................................................................................................

............................................................................................................................................
{name, address and occupation of person making declaration}

sincerely declare as follows:-

............................................................................................................................................

............................................................................................................................................

............................................................................................................................................

............................................................................................................................................

............................................................................................................................................

............................................................................................................................................

............................................................................................................................................

............................................................................................................................................

{insert content of the statutory declaration; use numbered paragraphs if content is long}

This declaration is true and I know that it is an offence to make a declaration knowing that
it is false in a material particular.

This declaration is made under the Oaths, Affidavits and Statutory Declarations Act 2005

at .....................................................................
{place}

........................................................................
{date}

in the presence of -
by...............................................
{Signature of person making the
........................................................................ declaration}
{Signature of authorised witness}

........................................................................

........................................................................
{Name of authorised witness and qualification as such a
witness}
*Important This Declaration must be made before any of the following persons:-
Academic (post-secondary institution), Accountant, Architect, Australian Consular Officer,
Australian Diplomatic Officer, Bailiff, Bank Manager, Chartered secretary, Chemist,
Chiropractor, Company auditor or liquidator, Court officer (Judge, magistrate, registrar or
clerk), Defence Force officer (Commissioned, Warrant or NCO with 5 years continuous
service), Dentist, Doctor, Electorate Officer (State), Engineer, Industrial organisation
secretary, Insurance broker, Justice of the Peace, Lawyer, Local government CEO or deputy
CEO, Local government councillor, Loss adjuster, Marriage Celebrant, Member of
Parliament (State or Commonwealth), Minister of religion, Nurse, Optometrist, Patent
Attorney, Physiotherapist, Podiatrist, Police officer, Post Officer manager, Psychologist,
Public Notary, Public Servant (State or Commonwealth), Real Estate agent, Settlement
agent, Sheriff or deputy Sheriff, Surveyor, Teacher, Tribunal officer, Veterinary surgeon

Or,

Any person before whom, under the Statutory Declarations Act 1959 of the
Commonwealth, a Statutory Declaration may be made.

IMPORTANT INFORMATION:
AS OF 1 JANUARY 2006 THERE IS NO PROVISION FOR COMMISSIONERS FOR DECLARATIONS
IN THE STATE OF WESTERN AUSTRALIA

Common questions

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The exclusion of Commissioners for Declarations could streamline the process by narrowing the pool of witnesses to more specifically qualified professionals, potentially increasing efficiency and reliability in the validation process. However, it may also limit accessibility to authorized witnesses, requiring individuals to adapt by seeking out those professionals still recognized under the law, thereby affecting procedural dynamics and accessibility.

An authorized witness for a statutory declaration in Western Australia must belong to a specific list of professions. These include academics, accountants, architects, consular officers, court officers, dentists, doctors, engineers, lawyers, members of parliament, and several other prescribed professional roles. Each category comprises individuals who have the professional standing and responsibility to ensure the declaration is made truthfully and validly.

Designating specific professionals as authorized witnesses for statutory declarations ensures that individuals with sufficient professional integrity, responsibility, and understanding of legal duties oversee the process. This requirement helps maintain the accuracy and trustworthiness of legal declarations, minimizing the risk of fraud or misinformation within official documents, which could undermine legal and organizational integrity.

As of January 1, 2006, the role of Commissioners for Declarations in Western Australia was eliminated, meaning that statutory declarations can no longer be authorized by individuals in this capacity, according to the Oaths, Affidavits, and Statutory Declarations Act 2005. This change highlights a shift in regulatory practices regarding who can witness statutory declarations, aiming to refine and standardize the authenticity and oversight of legal affirmations.

Making a false statutory declaration under the Oaths, Affidavits, and Statutory Declarations Act 2005 in Western Australia constitutes an offence, highlighting the serious legal implications of providing false information in a sworn document. This offence underscores the integrity required in legal processes and can result in potential legal penalties for those found guilty of making false declarations.

The cessation of the role of Commissioner for Declarations affects services related to the witnessing and validation of statutory declarations. Prior to this change, these commissioners could provide verification services for declarations, but post-cessation, other designated professionals must assume this responsibility, ensuring continuity and compliance with legal witnessing requirements.

A Defence Force officer in Western Australia can witness a statutory declaration if they are a Commissioned Officer, Warrant Officer, or Non-Commissioned Officer who has completed at least 5 years of continuous service. This specific requirement ensures that the witnessing officer has a significant level of experience and authority within the Defence Force, which is necessary to fulfill the obligations involved in witnessing a legal declaration.

Including professions like architects, accountants, and engineers as authorized witnesses reflects the practical and multifaceted nature of statutory declarations. These professionals are involved in various aspects of societal development and infrastructure, suggesting that declarations often intersect with areas requiring specialized knowledge, credibility, and judgment that these roles provide. It underscores a recognition that legal declarations impact diverse fields needing coherent standards of professional oversight.

Stating the location and date in a statutory declaration serves two primary purposes: it anchors the declaration in a specific legal jurisdiction and chronological context, ensuring it is valid under the applicable local laws at that time. This practice helps establish the authenticity and timeliness of the declaration, which are vital for its recognition and potential future reference in legal matters or disputes.

The comprehensive list of authorized witnesses, comprising various accredited professionals, indicates a legislative emphasis on integrity, accountability, and reliability. These values are crucial for maintaining the legal system's credibility by ensuring that the persons overseeing declarations possess the requisite ethical standards and professional judgment necessary to validate truthful declarations and deter falsehoods.

WESTERN  AUSTRALIA
WESTERN AUSTRALIA  
  
O
OAATTHHSS,,  AAFFFFIIDDAAVVIITTSS  AANNDD  SSTTAATTUUTTO
ORRYY  DDEECCLLAARRAATTI
*Important  This Declaration must be made before any of the following persons:- 
 
Academic (post-secondary institution), Acc

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