Who can take a Statutory Declaration FAQ

What are the classes of people before whom I can make a Statutory Declaration?

  •  A justice of the peace or a bail justice;
  • A public notary;
  • An Australian lawyer (within the meaning of the Legal Profession Act 2004);
  • A clerk to an Australian lawyer;
  • The prothonotary or a deputy prothonotary of the Supreme Court;
  • The registrar or a deputy registrar of the County Court;
  • The principal registrar or a registrar or deputy registrar of the Magistrates’ Court;
  • The principal registrar or a registrar or deputy registrar of the Children’s Court;
  • The registrar of probates or an assistant registrar of probates;
  • The associate to a Judge of the Supreme Court or of the County Court;
  • The associate of an Associate Judge of the Supreme Court or of an associate judge of the County Court;
  • A person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth;
  • A police officer;
  • The sheriff or a deputy sheriff;
  • A member or a former member of either House of the Parliament of Victoria;
  • A member or a former member of either House of the Parliament of the Commonwealth;
  • A councillor of a municipality;
  • A senior officer of a Council as defined in the Local Government Act 1989;
  • A person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
  • A person registered under the Health Practitioner Regulation National Law–
    a)     to practise in the dental profession as a dentist (other than as a student); and
    b)     in the dentists division of that profession;
  • A registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997;
  • A person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
  • A principal within the meaning of the Education and Training Reform Act 2006;
  • The manager of an authorised deposit-taking institution;
  •  A person who holds a prescribed membership of a prescribed accounting body or association**;
  • The secretary of a building society;
  • A minister of religion authorised to celebrate marriages (this does not include a civil celebrant)
  • A Victorian Inspectorate Officer within the meaning of the Victorian Inspectorate Act 2011;
  • A person employed under Part 3 of the Public Administration Act 2004 with a classification that is prescribed as a classification for statutory declarations or who holds office in a statutory authority with such a classification**;
  • An IBAC Officer within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;
  •  A fellow of the Institute of Legal Executives (Victoria).

** Please see the Evidence (Affidavits and Statutory Declarations) Regulations 2008 for details on the prescribed classifications, memberships and accounting bodies or associations.

Registrars and Deputy Registrars of the Magistrates' Court of Victoria are available during normal business hours to witness Statutory Declarations.

Please note:

This list contains the persons who are accepted as authorised to receive affidavits for documents that are remaining within Victoria.

For any documents that are being sent interstate, it is best for them to be signed by a Justice of the Peace or a solicitor.

For any documents that are being sent overseas, it is best for them to be signed by a Justice of the Peace or a Public Notary, depending on the country. For example, Commonwealth countries will usually accept either one, but European countries will usually insist on the seal of a Public Notary.