If you agree to witness a statutory declaration, first ask to sight photo identification, such as a driver’s licence or passport.

This is to check that the declarant named on the statutory declaration is the person you are meeting with and who will sign the declaration in front of you.

At the time of the authorised witness signing the statutory declaration, it must be fully completed.

Blank space in the section setting out the matter(s) being declared must be crossed through with a ‘Z’ to prevent any information being added after it has been witnessed.  Both you and the declarant must initial and date the start and the end of the ‘Z’.

Any alterations to the statutory declaration must be initialled and dated by both you and the declarant.

If it is a multi-page declaration, each page of the declaration must be numbered and signed by the declarant.

Any documents to be attached to the statutory declaration must be referred to in the statutory declaration and clearly marked in a manner that corresponds with the references to that document in the statutory declaration.

For example, attached documents are often marked ‘Annexure A’, ‘Annexure B’, etc.

Those documents should then be referred to correspondingly in the statutory declaration as ‘Annexure A’, ‘Annexure B’, etc.

If an attached document is not referred to in the statutory declaration, the declarant must make an alteration to the wording in the statutory declaration to refer to the document/annexure.

If a statutory declaration refers to any attached documents/annexures, they must be attached. If they are not, you must not witness or sign the statutory declaration.

When you and the declarant are together, the declarant needs to:

• sign or initial each page of the declaration and number each page if not already numbered
• sign or initial, and date, any alteration to the statutory declaration.

As the authorised witness, you also need to sign or initial, and date, any alteration(s) to the statutory declaration.

You must observe the declarant signing the statutory declaration.

You must ask the declarant the following:

“Did you prepare and write the declaration yourself?”.

If the answer is “no” ask the declarant:

"Have you read the declaration and do you understand the contents?"

Then ask:

“Do you understand that making a false statutory declaration is an offence that carries serious penalties including possible imprisonment?”

You must hear the declarant say: “I understand”, or “I do”. 

If they do, proceed and ask:

“Is that your name at the start of the statutory declaration?

“Is that your normal signature”?

“Do you make this solemn declaration by virtue of the Oaths Act 1936 and do you solemnly and sincerely declare that the contents of this declaration are true to the best of your knowledge, information and belief? If so, please say ‘I solemnly and sincerely declare’”.

If there are any attachments to the declaration, you must ask the declarant:

“Do you solemnly and sincerely declare that this/these attachment/s is/are the attachment/s referred to in the statutory declaration? If so please say “I solemnly and sincerely declare””.

Complete the witnessing/attestation clause in the statutory declaration by inserting:

• the place (eg [Suburb], in South Australia)
• the date
• your signature.

You must also write, type and/or stamp your name and the capacity in which you have authority to witness the statutory declaration.

• A Justice of the Peace is required to show their capacity/authority by writing their JP ID number and 'A justice of the peace for South Australia'.
• A police officer is required to show their capacity/authority by writing their rank and identification number and 'South Australia Police'.

You must also then sign and date all attached documents/annexures and write or stamp the following wording on the first page (if they have not already been labelled by the declarant):

This is the annexure marked [eg Annexure “A’] referred to in the statutory declaration of [name of declarant].

Declared before me on [full date eg dd/mm/yyyy]

[Witness signature]

[Witness full name and capacity in which the witness is authorised to witness statutory declarations] eg Jane Smith, Veterinary Surgeon

From 1 January 2025, you will be required to note additional information if reasonable modifications are made.

You must certify on the statutory declaration what modifications were made.

If another person provided assistance (such as translations or assisting a child declarant) they must also be present in person or online when the statutory declaration is signed.

After you and the declarant have both signed the declaration, you must write on the statutory declaration the name and address of the person who provided the assistance and what type of assistance was provided.

This does not apply to assistance by a person who prepared the declaration in a professional capacity on the declarant’s instructions, like a legal practitioner or conveyancer.