A statutory declaration must be signed by the person making the declaration (the declarant), who is a natural person. It cannot be signed by a corporation or by someone on behalf of another person. The declaration must be witnessed and signed by an authorized witness, who is a person authorized by law to witness statutory declarations. Authorized witnesses typically include professionals such as:
- Solicitors (lawyers)
- Commissioners for oaths
- Notaries public
- Justices of the peace
- Certain court officials or officers
The authorized witness must be independent, over 18 years of age, mentally capable, and not under the influence of drugs or alcohol at the time of witnessing. They also must hold the relevant position or registration at the time of witnessing the statutory declaration. In summary:
- The declarant (person making the statement) signs the stat dec.
- The authorized witness (e.g., solicitor, JP, notary) witnesses and signs the stat dec.
- A corporation cannot sign; it must be an authorized officer signing in their own right if representing a corporation.
- The authorized witness must meet legal criteria and is usually a specific legal or public officer profession.
If a substitute signatory signs on behalf of the declarant, specific rules apply, including direct instruction from the declarant and appropriate witnessing.
