Statutory declarations signed digitally

Three ways, one law

Paper, video or platform

The department counts three ways to make a Commonwealth statutory declaration: the approved form observed by an approved witness in person, the approved form observed by an approved witness remotely using video link, and myGov with a Digital Identity. It says you can choose whichever way you prefer, and each creates an equally valid declaration. The Act puts it in one sentence:

Section 7A

Signing: hand or electronic, by the same test

Section 7A(1) lets a person sign a statutory declaration by signing a physical form by hand or an electronic form using electronic means, if the method satisfies subsection (2). That subsection uses the same two-part test as section 110A(2) of the Corporations Act: the method identifies the person and indicates their intention about the information recorded, and that it was as reliable as appropriate in all the circumstances, or proven in fact to have done that.

The general Electronic Transactions Act does not do this work here. Its signature section is exempted for the Statutory Declarations Act, and the department says e-signatures can still be used “so long as they comply with the requirements under the Statutory Declarations Act.” The exemption itself is in writing and signatures under the Electronic Transactions Act.

Section 9

With a witness, in the room or on a video call

Section 9 is met if the declaration is in the approved form, is signed by the declarant under the observation of a prescribed person “in person” or “by video link”, and is signed by that person. Where the observation is by video link, the prescribed person may sign a copy they are satisfied is a true copy, whether or not it carries the declarant’s signature. A video link, in the 2023 amendment’s words, is “facilities that enable audio and visual communication between persons in different places.”

The main steps the department gives for a witnessed declaration, in its order:

1. Use the approved form. “You cannot create your own form.”

2. Fill it in, but do not sign it, date it or add witness details until you are with your witness, in person or remotely.

3. Find an approved witness. The witness must be one listed in Schedule 1 of the Statutory Declarations Regulations 2023.

4. Sign every page, including extra pages and attachments, by pen or electronically. On video, you must position the camera so the witness can see you sign.

5. The witness signs. They do not need to sign the same document you signed, as long as they are satisfied it is a genuine copy, for example by checking the number of pages, the declarant’s name and the number of paragraphs. They sign and date every page.

6. Send it where the person or organisation that asked for it says to send it.

For the call itself, the department says there is no set program, as long as two people can connect with video and audio so the witness can see you sign. In person, you and the witness must sign together at the same time and in the same place. A witness with doubts about the declaration has the right to refuse to witness it. The Act does not require anyone to record the witnessing, and a recording needs both parties’ permission.

Section 9A

No witness at all: an approved online platform

Section 9A is met if the declaration is in the approved form and completed and signed on an approved online platform, the declarant’s identity is verified using an approved identity service under conditions the regulations prescribe, and the declaration carries information of a prescribed kind provided by the platform. Both the platform and the identity service are digital services prescribed by the regulations.

The provider of an approved online platform “must not retain any copy of a statutory declaration that is made using the online platform.” On cost, the department’s page, read on 9 October 2026, says the Act does not stop a platform charging a fee, but there are currently no fees for creating a digital declaration through myGov.

What did not change

A false statement is still an offence

Whatever the method, section 11 holds: “A person must not intentionally make a false statement in a statutory declaration. Penalty: Imprisonment for 4 years.” The Act also asks the Minister to have its operation reviewed as soon as practicable after the end of 2 years from the 2023 amendment’s commencement. The sources behind this guide do not say whether that review has been done.

Next in the queueWitnessing by video under NSW law works differently: see witnessing by video in NSW. For company documents, see companies signing documents electronically.