In New South Wales, a statutory declaration (stat dec) must be signed in front of an authorised witness, not just any adult or friend.

Short answer

For a NSW statutory declaration, you generally sign in front of:

  • A Justice of the Peace (JP)
  • A solicitor or barrister (legal practitioner)
  • A notary public
  • A commissioner for taking affidavits or another person authorised to administer oaths under the Oaths Act 1900 (NSW)

The exact list depends on whether it is a NSW state stat dec (under NSW law) or a Commonwealth stat dec (under federal law).

NSW statutory declaration (state – used in NSW)

When you are completing a NSW statutory declaration (for use under NSW law, for example for a NSW government department), you must sign in front of one of a limited group of witnesses.

Common authorised witnesses for a NSW stat dec include:

  • NSW Justice of the Peace (JP) – free service and the most common option.
  • Legal practitioner – a solicitor or barrister admitted to the Supreme Court or High Court.
  • Notary public – especially if the document is going to be used overseas.
  • Commissioner for taking affidavits or any person authorised to administer an oath under the Oaths Act 1900 (NSW).

Some NSW agencies publish their own stat dec forms with an Appendix listing “persons before whom a statutory declaration may be made”, usually framed in terms of legal practitioners and other oath‑authorised officials.

Commonwealth stat dec vs NSW stat dec

The rules are different if you are using a Commonwealth statutory declaration form (for federal agencies like Services Australia, Centrelink, etc.).

For a Commonwealth statutory declaration :

  • The list of approved witnesses is much broader , and includes:
    • JP
    • Solicitor or barrister
    • Medical practitioner/GP, and many other professions (teachers, accountants, etc., as listed in the Commonwealth schedule).
  • Since 1 January 2024, Commonwealth stat decs can also be executed:
    • On paper in person
    • Electronically with audio‑visual witnessing
    • Fully online using myGov/myGovID (following the Attorney‑General’s rules).

For a NSW stat dec , you are usually restricted to JP, lawyer, notary or other oath‑authorised officers as above.

Who can make (sign as declarant) the stat dec?

“Who can sign” sometimes means “who can be the person making the declaration ” (the declarant), not the witness.

  • The declarant must be a natural person (an individual), of sound mind and legally capable of confirming the truth of the statement.
  • You cannot make a stat dec on behalf of another individual (for example, you can’t sign a stat dec “for” your partner) – they must sign it themselves unless a specific legal authority applies.
  • For companies, an authorised officer or director can make the declaration on the company’s behalf and should state their position and authority.

The authorised witness is a separate person who confirms your identity and watches you sign; they do not guarantee the truth of what you are saying.

Simple checklist (practical steps)

  1. Confirm which form you have
    • If it says Oaths Act 1900 (NSW), treat it as a NSW stat dec.
 * If it cites the Statutory Declarations Act 1959 (Cth), it’s a **Commonwealth** stat dec.
  1. Pick an appropriate witness
    • For NSW stat dec: JP, solicitor, barrister, notary, or other oath‑authorised officer.
 * For Commonwealth stat dec: use the broader list on the Commonwealth schedule, or the options in the online/myGov system.
  1. Bring ID and sign in front of them
    • Do not sign beforehand; the witness must see you sign and then complete their part (name, qualification, address, signature, date).

Mini SEO extras (as you asked about “latest news”, “forum discussion”,

“trending topic”)

  • Recent changes: Commonwealth stat decs now support electronic and fully online execution with approved digital platforms like myGov/myGovID (from 1 January 2024).
  • Forum chatter: People often get confused between state vs Commonwealth forms and worry about whether a pharmacist, teacher, or doctor can sign – usually they can for Commonwealth forms, but not always for NSW‑only stat decs.

Quick HTML table for clarity

html

<table>
  <thead>
    <tr>
      <th>Type of stat dec</th>
      <th>Typical use</th>
      <th>Who can witness / sign as authorised witness?</th>
    </tr>
  </thead>
  <tbody>
    <tr>
      <td>NSW statutory declaration (Oaths Act 1900)</td>
      <td>NSW government agencies, NSW-only purposes</td>
      <td>NSW JP, solicitor, barrister, notary public, commissioner for affidavits or other person authorised to administer oaths under NSW law.[web:1][web:3][web:5]</td>
    </tr>
    <tr>
      <td>Commonwealth statutory declaration (Statutory Declarations Act 1959)</td>
      <td>Federal agencies (e.g. Services Australia, Home Affairs)</td>
      <td>Broader list: JP, solicitor, barrister, medical practitioner/GP and many other occupations listed in the Commonwealth schedule; can also be completed electronically or online (myGov/myGovID) under new rules.[web:5][web:7]</td>
    </tr>
    <tr>
      <td>Declarant (person making the stat dec)</td>
      <td>Individual giving the facts</td>
      <td>Must be a natural person of sound mind; company declarations can be made by authorised officers stating their authority.[web:1][web:3]</td>
    </tr>
  </tbody>
</table>

TL;DR: In NSW, you sign a stat dec in front of a JP, lawyer, notary or other oath‑authorised official; if it is a Commonwealth stat dec, the witness list is broader and can include professions like doctors, plus new electronic/online options.

Information gathered from public forums or data available on the internet and portrayed here.