What is the difference between a Statutory Declaration and an Affidavit? And who can witness either document?
Affidavit:
An affidavit is a written document signed by a “deponent” in the presence of an “authorised affidavit taker”.
By signing an affidavit, the deponent confirms that the information provided is true, and is often used as evidence in court.
If the deponent is found to have lied on an affidavit, then they have committed a criminal offence and can be charged with perjury, which carries a maximum penalty of 15 years in prison.
Statutory Declarations:
A Statutory Declaration is a written document signed by a “declarant” before an “authorised witness”.
Similar to the affidavit, this document confirms that what the declarant is claiming is true, however it is not used as evidence like affidavits.
Statutory Declarations are usually required to confirm regular day-to-day business, personal or financial matters.
If a declarant is found to have lied on a statutory declaration, they face up to 5 years in prison and/or up to 600 penalty units (around $115,000 as of writing).
Authorised Affidavit Takers v Authorised Witnesses
Those who can witness a statutory declaration cannot necessarily witness an Affidavit. However, an Affidavit taker can witness a Statutory Declaration.
Below are lists of Affidavit and Authorised Witnesses for Statutory Declaration:
Authorised Affidavit Takers can include:
Architect
Chiropractor
Conveyancer
Dentist
Financial adviser or financial planner
Legal practitioner
Medical practitioner
Midwife
Migration agent
Nurse
Occupational therapist
Optometrist
Patent attorney
Pharmacist
Physiotherapist
Psychologist
Trademarks attorney
Veterinary surgeon
Accountant who meets one of the following criteria:
o Fellow of the National Tax Accountants’ Association
o Member of Chartered Accountants Australia and New Zealand
o Member of the Association of Taxation and Management Accountants
o Member of CPA Australia
o Member of the Institute of Public Accountants
Clerk of a Court
Authorised witnesses (for Statutory Decs) include all the above as well as the following:
Police officer
Police reservist
Protective service officer (PSO)
A school principal