Reviewed August 2026. Requirements change — confirm with the receiving authority before lodging.
What is the difference between a statutory declaration and an affidavit?
Both are written statements of fact, but a statutory declaration is signed before an authorised witness drawn from a list set out in legislation, while an affidavit is sworn or affirmed for use in court proceedings and usually follows stricter formatting rules. Check the letter or form from the receiving body first: it normally names the instrument it will accept.
Source: Attorney-General's Department — Statutory declarations
Can I sign an Australian statutory declaration while I am in Thailand?
Generally yes. The usual route is to sign before a person the receiving body accepts, such as an Australian embassy or consular officer, or another authorised witness listed on the form. Appointment channels and accepted witness categories vary, so confirm with the office before you travel to it.
Source: Attorney-General's Department — Statutory declarations
Can I use a state form instead of the Commonwealth form?
It depends on who receives it. Commonwealth agencies normally expect the Commonwealth form, while a state department, court or private organisation may require its own state instrument. Using the wrong form is one of the most common reasons a declaration is returned unread, so match the form to the body that asked for it.
Source: Attorney-General's Department — Statutory declarations
Can I write the declaration in Thai and have it translated?
The declaration itself is normally made in the language the receiving body requires, most often English. Where the underlying evidence is in Thai, the practical pattern is an English declaration with certified translations of the supporting documents attached, each annexure identified in the body of the declaration.
Source: NAATI
Can I change the wording after it has been signed?
No. Once signed and witnessed, altered text invalidates the document in practice; corrections are made by preparing and signing a fresh declaration. Read every line before signing, particularly names, dates and figures, because a small typo means the whole process is repeated.
Source: Attorney-General's Department — Statutory declarations
How should supporting documents be attached?
Attachments are usually marked as annexures (Annexure A, B, C), referred to by that label inside the declaration, and signed or initialled by the witness in the way the form directs. Loose documents stapled on without a reference in the text are often treated as unattached.
Source: Attorney-General's Department — Statutory declarations
Does a statutory declaration expire?
There is no universal expiry, but many receiving bodies apply their own freshness window — for example a declaration made within a set number of months of lodgement. Treat the destination's rule as the deadline, not the document itself.
Source: Department of Home Affairs
Can a declaration replace an official record I cannot obtain?
Sometimes, but only where the receiving body says so. Where a registry record is genuinely unavailable, agencies often ask for evidence of the attempt to obtain it plus a declaration explaining the circumstances. A declaration offered instead of a record that is still obtainable is usually rejected.
Source: Department of Home Affairs
