New digital option for Statutory Declarations

A recent change in the law allows Commonwealth statutory declarations to be made digitally through an approved online platform. This means a Digital Identity can now be used as verification instead of a witness verifying identity.

What is a statutory declaration?

A statutory declaration (also known as a stat dec) is a legal document declaring the truth in the presence of an authorised witness. It is often required by organisations or government agencies, particularly for immigration or visa-related processes, and must be completed by a prescribed person, such as a legal or medical practitioner, migration agent, or police officer, among others.

Generally, a Commonwealth statutory declaration could previously be made in two ways: in person with a witness or remotely via video link with a witness. Now, a third option is available: online through myGov using Digital Identity without a physical witness.

This recent change allows applicants to complete and submit digital Commonwealth statutory declarations through the myGov platform without incurring additional fees.

When is a statutory declaration needed?

Statutory declarations are typically required for legal, immigration, and visa-related processes, or when evidence needs to be formally presented to government agencies or businesses. Common situations include name changes, insurance claims, or verifying personal details when other documentation is unavailable.

How does digital statutory declaration work?

Using myGov and Digital Identity, individuals can access the approved statutory declaration form online. The form is electronically signed, and the declaration is considered valid under Australian law.

Steps to prepare a digital declaration:

Creating a digital declaration: applicant must have a Digital Identity linked to their myGov account, with at least standard digital identity strength. This setup enables the declaration to be completed and signed digitally without requiring a physical witness.

Verification and authenticity: the digitally signed declaration includes the QR code encrypted with the declaration’s information. This QR code can be scanned using the myGov app to verify the authenticity of the declaration.

Submission: once signed, the document can be submitted electronically, making it legally binding without physical meetings. The information from the QR code is stored in the QR code itself, ensuring privacy and security, with myGov retaining only the decryption key.

While the digital process eliminates the need for a physical witness, the traditional method of making a Commonwealth statutory declaration using a witness remains available for those who do not have a myGov account or prefer not to use the digital option.

Benefits to applicants

Accessibility: the digital process makes statutory declarations more accessible, as individuals can make the declaration from anywhere without needing to visit an authorised witness. This is especially useful for people living overseas or in remote areas.

Efficiency: the digital process significantly reduces the time required to complete a statutory declaration, enabling applicants to fulfil legal requirements more quickly.

Cost-effective: applicants can save time and money by reducing the need for physical documents and travel

Environmental impact: the digital approach minimises the need for paper documents, contributing to environmental sustainability.

Security and compliance: the QR code includes robust security measures, ensuring that documents are handled securely and in full compliance with legal standards.

For more information and to arrange an online consultation, please contact our expert team at aisupport@absoluteimmigration.com.