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Statutory Declaration

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STATUTORY DECLARATION

FORM B3

WESTERN AUSTRALIA

TRANSFER OF LAND ACT 1893 AS AMENDED

OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005

I / WE,

Sincerely declare as follows -

This declaration is true and I / WE know that it is an offence to make a declaration knowing that it is false in a material particular.

This declaration is made under the Oaths, Affidavits and Statutory Declarations Act 2005 at

on

day of

by -

Signature of person making the declaration (sign in the space above)

In the presence of -

Signature of authorised witness (sign in the space above)

INSTRUCTIONS

1. If insufficient space hereon Form B2 should be used.

NOTES

1. If more than one declarant, each signature must have a separate attestation.

2. No person under eighteen years of age may be a witness.

3. A complete list of authorised witnesses for statutory declarations is contained in Schedule 2 of the Western Australian Oaths, Affidavits and Statutory Declarations Act 2005, or any person before whom, under the Statutory Declarations Act 1959 of the Commonwealth, a statutory declaration may be made.

4. The Western Australian Oaths, Affidavits and Statutory Declarations Act 2005 contains special provisions about authorised witnesses for statutory declarations made outside Western Australia.

Schedule 2 — Authorised witnesses for statutory declarations

1. A member of the academic staff of an institution established under any of the following Acts — Curtin University of Technology Act 1966; Edith Cowan University Act 1984; Murdoch University Act 1973; University of Notre Dame Australia Act 1989; University of Western Australia Act 1911; Vocational Education and Training Act 1996. Academic (post-secondary institution)

2. A member of any of the following bodies — Association of Taxation and Management Accountants; CPA Australia; The Institute of Chartered Accountants in Australia; National Institute of Accountants; National Tax & Accountants’ Association Limited. Accountant

3. A person who is registered under the Architects Act 2004. Architect

4. An Australian Consular Officer within the meaning of the Consular Fees Act 1955 of the Commonwealth. Australian Consular Officer

5. An Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955 of the Commonwealth. Australian Diplomatic Officer

6. A bailiff appointed under the Civil Judgments Enforcement Act 2004. Bailiff

7. A person appointed to be in charge of the head office or any branch office of an authorised deposit-taking institution carrying on business in the State under the Banking Act 1959 of the Commonwealth. Bank manager

8. A member of Chartered Secretaries Australia Limited. Chartered secretary

9. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession. Chemist

10. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the chiropractic profession. Chiropractor

11. A person registered as an auditor or a liquidator under the Corporations Act 2001 of the Commonwealth. Company auditor or liquidator

12. A judge, master, magistrate, registrar or clerk, or the chief executive officer, of any court of the State or the Commonwealth. Court officer

13. A member of the Australian Defence Force who is an officer, non-commissioned officer with 5 or more years of continuous service, or a warrant officer. Defence force officer

14. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law. Dentist

15. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession. Doctor

15A. A person appointed under the Parliamentary and Electorate Staff (Employment) Act 1992 section 4(1)(b)(i) or (2)(b)(i). Electorate officer of a member of State Parliament

16. A member of the Institution of Engineers, Australia, other than at the grade of student. Engineer

17. The secretary of an organisation of employees or employers registered under the Industrial Relations Act 1979 or Workplace Relations Act 1996 of the Commonwealth. Industrial organisation secretary

18. A member of the National Insurance Brokers Association of Australia. Insurance broker

19. A Justice of the Peace. Justice of the Peace

19A. A person who is a member of the Authority’s staff within the meaning given to that term by the Land Information Authority Act 2006 section 3. Landgate officer

20. An Australian lawyer within the meaning of that term in the Legal Profession Act 2008 section 3. Lawyer

21. The chief executive officer or deputy chief executive officer of a local government. Local government CEO or deputy CEO

22. A member of the council of a local government within the meaning of the Local Government Act 1995. Local government councillor

23. A member of the Australasian Institute of Chartered Loss Adjusters. Loss adjuster

24. An authorised celebrant within the meaning of the Marriage Act 1961 of the Commonwealth. Marriage celebrant

25. A member of either House of Parliament of the State or of the Commonwealth. Member of Parliament

26. A minister of religion registered under Part IV Division 1 of the Marriage Act 1961 of the Commonwealth. Minister of religion

27. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing and midwifery profession. Nurse

28. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the optometry profession. Optometrist

29. A registered patent attorney under the Patents Act 1990 of the Commonwealth. Patent attorney

30. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the physiotherapy profession. Physiotherapist

31. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the podiatry profession. Podiatrist

32. A police officer. Police officer

33. The person in charge of an office established by, or conducted by an agent of, Australia Post within the meaning of the Australian Postal Corporation Act 1989 of the Commonwealth. Post office manager

34. A person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession. Psychologist

35. A public notary within the meaning of the Public Notaries Act 1979. Public notary

36. An officer of the Commonwealth public service. Public servant (Commonwealth)

37. A person who is employed under the Public Sector Management Act 1994 Part 3. Public servant (State)

38. The holder of a licence under the Real Estate and Business Agents Act 1978. Real estate agent

39. The holder of a licence under the Settlement Agents Act 1981. Settlement agent

40. The Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia. Sheriff or deputy sheriff

41. A licensed surveyor within the meaning of the Licensed Surveyors Act 1909. Surveyor

42. A person employed as a member of the teaching staff within the meaning of the School Education Act 1999 or as a teacher of a non-government school within the meaning of that Act. Teacher

43. A member, registrar or clerk, or the chief executive officer, of any tribunal of the State or the Commonwealth. Tribunal officer

44. A registered veterinary surgeon within the meaning of the Veterinary Surgeons Act 1960. Or any person before whom, under the Statutory Declarations Act 1959 of the Commonwealth, a statutory declaration may be made. Veterinary surgeon

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What a Statutory Declaration Is and How It Works

A Statutory Declaration is a signed written statement in which a declarant affirms that specified facts are true, often under penalty of perjury or statutory sanction. In the United States the instrument functions similarly to an affidavit, though terminology and formalities vary by jurisdiction. People use statutory declarations to document lost documents, identity, residence, or other factual claims for agencies, courts, or private parties. Proper execution typically requires a signature, date, and an attestation before an authorized official or notary depending on state law, and supporting exhibits where relevant.

When a Statutory Declaration Provides Reliable Evidence

Use a Statutory Declaration to create a formal, signed record of facts when affidavits are impractical. Electronic execution may be enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA (1999) when intent, consent, attribution, and retention requirements are satisfied.

When a Statutory Declaration Provides Reliable Evidence

Common Users and Situations for Statutory Declarations

Typical users and contexts for Statutory Declarations include individuals, businesses, and public agencies needing a sworn factual statement.

  • Individuals: People asserting identity, residency, or lost-document facts for agencies or third parties.
  • Legal professionals: Use when jurisdiction recognizes declarations as alternatives to affidavits or notarized statements.
  • Organizations: HR, compliance, and licensing departments use declarations to capture attested facts quickly.

Choose the declaration format, witnessing, and notarization method based on the receiving party's requirements and the rules in your jurisdiction.

Core Parts of a Professional Statutory Declaration

Core elements of a professional Statutory Declaration focus on clear factual statements, signer identity, attestation language, witnessing, notarization, and organized supporting exhibits.

Declarant Information

Provide the full legal name or registered entity name, current address, and contact details; match government ID to reduce identity disputes during verification.

Statement of Facts

Write concise, numbered factual statements. Avoid speculation and legal argument; each paragraph should state a single verifiable fact with dates and locations where possible.

Attestation Clause

Include an express declaration that the statements are true, and specify whether the declaration is made under penalty of perjury or statutory sanction according to applicable law.

Signature Block

The declarant signs and dates the document. If executed electronically, record intent, consent, and signer attribution in the audit trail.

Notary / Witness

Provide space for an authorized official, notary, or witness signature, date, printed name, commission details, and any required jurisdictional language.

Attachments

List exhibits and supporting documents with labeled attachments to verify facts (IDs, bills, correspondence). Reference each exhibit within the declaration text.

Essential Data Elements to Include

Identity: Full legal name
Address: Street, city, state, ZIP
Date Format: MM/DD/YYYY
Witness Name: Printed name required
Notary Block: Commission details
Attachment List: Exhibit labels

Step-by-Step: Completing a Statutory Declaration

Follow these steps to prepare, execute, and deliver a Statutory Declaration so it will be accepted by courts or agencies.

  • 01
    Draft the facts: Number concise factual statements with dates and locations.
  • 02
    Add declarant details: Enter full legal name, address, and contact information.
  • 03
    Execute before official: Sign and notarize or have required witness attest as mandated by jurisdiction.
  • 04
    Distribute copies: Provide certified copies to requesting parties and retain originals securely.

Configuring an Online Declaration Workflow

Set up a digital workflow to capture declarations with required fields, signer authentication, notarization options, and audit trails for evidentiary integrity.

Field Configuration
Signature Authentication Email, SMS code, or KBA per policy
Notary Integration Support for RON session capture
Template Retention Store master template with version control
Audit Trail Capture timestamps, IP, and actions

Where to Send or File a Completed Declaration

After execution, route the declaration to the organization, agency, or court that requested it, and keep a certified copy for your records.

  • Requesting Agency: Deliver original or certified copy as specified
  • Court Filing: Attach per local court filing rules
  • Employer or License Body: Provide signed copy to HR or licensing office
  • Personal Records: Retain original in secure storage

Technical and Platform Considerations for eSubmission

Ensure the platform supports required file formats, signer authentication, and retention of an unalterable audit trail before eSubmission.

  • Supported Formats: PDF, DOCX, and exportable audit logs
  • Integrations: CRM, cloud storage connectors
  • Authentication: Email, SMS, KBA, SSO options

Timing, Deadlines, and Processing Expectations

Timing depends on the recipient and whether notarization or agency certification is required; begin the process early to allow for verification and delivery.

Execution Timing:

Sign and notarize on the date stated in the document

Agency Response Time:

Varies by agency and case intake procedures

RON Recording Retention:

Audio-video records typically retained 5–10 years

Court Filing Windows:

Follow local court scheduling and filing deadlines

Proof of Service:

Allow time for certified mail or electronic delivery verification

Common Mistakes to Avoid

  • Using informal language or vague phrasing that impairs verification and leads to requests for clarification or rejection.
  • Failing to match names exactly to government ID or registration data, producing identity mismatches during notarization.
  • Skipping required witness or notary steps because the recipient expects an original notarized or witnessed declaration.
  • Attaching unsigned exhibits or omitting exhibit references in the declaration text, creating evidentiary gaps.

Penalties and Risks from Incorrect or False Declarations

Perjury Risk: Criminal penalties possible
Invalidation: Declaration may be rejected
Civil Liability: Damages claims possible
Administrative Sanctions: Licensing penalties possible
Delayed Processing: Requests for additional proof
Reputational Harm: Trust and credibility loss

How Statutory Declarations Compare to Affidavits

Statutory Declarations and affidavits serve similar evidentiary roles; the table summarizes typical differences and where each instrument is commonly used.

Document Type Statutory Declaration Affidavit
Notarization Required varies by state usually required
Sworn Under Oath
Common Usage administrative filings court filings and evidence
Electronic Acceptance varies by state yes under esign/ueta

Real-World Uses: Two Representative Scenarios

Practical examples show how declarations resolve routine administrative needs without full court proceedings.

Lost Document Declaration

A homeowner declares a lost deed with date and circumstances

  • Declarant provides ID and parcel reference
  • The county recorder accepted the declaration with notarization and attached supporting title history to issue a certified replacement.

Proof of Residence

A recent arrival declares residence facts for licensing

  • Declarant lists address, move-in date, and utility bills
  • The licensing agency accepted the notarized declaration alongside scanned utility statements for expedited processing.

Frequently Asked Questions and Practical Answers

Answers to common questions about execution, electronic acceptance, notarization, and remedies for errors help avoid delays and legal exposure.


Need help? Contact support

eSignature Provider Comparison for Statutory Declarations

Select an eSignature vendor that supports the authentication, notarization, and retention features you need; the table summarizes basic pricing and capabilities for common providers.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

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