Statutory declaration

A statutory declaration is a legal document where an individual makes a sworn statement about certain facts. They sign this document in front of an authorised witness, like a Justice of the Peace or a magistrate, affirming that everything stated is true to the best of their knowledge. It's often used in legal or official scenarios where a simple statement or affirmation is required.

When employers use statutory declarations

Employers often accept a statutory declaration as evidence for personal/carer's leave, compassionate leave or family and domestic violence leave, because the Fair Work Act allows evidence that would satisfy a reasonable person. Making a false statement in a statutory declaration is a criminal offence. Commonwealth statutory declarations can now also be made electronically. For example, an employee who was too unwell to see a doctor for a one-day absence could provide a statutory declaration instead of a medical certificate.

Read our guide to personal/carer's leave.