Statutory Declarations

  1. Identify the person
    • Confirm the person signing matches the name on the document.
    • Ask for identification, preferably photo ID (e.g. a driver’s licence), and compare the person’s appearance with the photo.
    • If photo ID is not available, other forms of ID are acceptable — see the full list on proving your identity. The onus is on the JP to be satisfied as to the person’s identity.
    • Documents must be originals, not copies. While it is preferable that documents are current, there is no strict requirement in Tasmania for them to be — except that an Australian passport or driver licence must not have expired more than two years ago.
    • Check that names, addresses and other relevant details on the identification align with those on the document being witnessed.
  2. Check authority to witness
    • Ensure you are authorised to witness the document.
  3. Verify document completion
    • Ensure the document is properly completed.
    • Do not provide legal advice.
  4. Check for special requirements
    • Ensure compliance with any special instructions for the witness.
  5. Confirm legal age
    • Ensure the person is 18, unless the document allows for under-18 execution.
    • Ask for proof of age if required.
    • If the person is under 18, you must be satisfied that they understand the difference between telling the truth and lying, and that they understand the consequences of making a false statement.
  6. Ensure understanding and voluntary signing
    • ­ Confirm the person fully understands what they are signing and that they are signing freely, without coercion.
  7. Verify document date
    • Ensure the signing date matches the witnessing date.
  8. Check for alterations, blank spaces or unanswered questions
    • All alterations must be initialled by you and the signatory.
    • Mark blank spaces with ‘Z’ or ‘X’ and initial.
    • Ensure all questions are answered or marked ‘not applicable’ with initials.
  9. Check for exhibits/annexures/attachments
    • Ensure attachments are identified and present.
    • Do not witness if attachments are missing or incomplete.
  10. Ensure signing in your presence
    • Ensure the person signs in front of you.
    • If previously signed, ask for re-signing.
    • You and signatory must initial and date the crossing-out by, if applicable.
  11. Take the declaration
    • Ask the declarant to solemnly declare the contents are true.
  12. Witness and sign
    • After the person signs, add your signature, date and JP details.
    • If multiple places to sign, witness each separately.

    • Ensure each page is initialled as needed.

Please refer to the Justices of the Peace Handbook for any issues not covered above.

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