Statutory Declarations and Affidavits

Purpose of Statutory Declaration

The main purpose of the statutory declaration is to provide the same information that an employee reference letter provides. A statutory declaration is mandatory if applicants cannot get an employment reference letter.

The employment reference letter shows all the duties and responsibilities you performed in the company and tells about your work experience. Likewise, a Statutory Declaration also shows the roles and responsibilities you performed in the company.

Only the difference is an employment reference letter is provided to you by the company itself. Still, the Statutory Declaration is a written statement that may be by your work colleague of the same company but not written by you.

The following things are included in the Statutory Declaration:

• Company full name, address, website address, email address, and any telephone, fax numbers,
• Your Superior name and position and a contact number
• Exact Employment duration details include:
• permanent or temporary job
•  full-time or part-time job
• Position – According to the duties you performed (for example, research chemist, accounts clerk)
• List your leading five roles, duties, and responsibilities
• Salary earned
• Reason for not being able to obtain an employment reference letter

Supporting evidence an applicant must mention

All third-party Statutory Declaration or Affidavits must mention at least two of the following as supporting evidence of employment by an applicant:

• Official government tax reports or documents, which may include summaries of payments, group certificates, or assessment notifications (mentioning the business and the applicant’s name)
• Applicant and employer pay slips with their name
• Employment insurance/superannuation forms specifying the applicant’s name and the employer’s name
• Bank statements indicating employer wage payments (mentioning the name of the worker and employer’s name)

Unsuitable assessment of Statutory Declarations or Affidavits

Unsuitable assessment can result from failure to provide appropriate proof of paid employment. Cash payments, Employment contracts, appointment letters, or position descriptions will NOT be accepted as supporting evidence.

Acceptance of statutory declarations or affidavits in place of job references will be subject to ACS review and discretion. They will be noted for authentication against fraud and plagiarism by the Department of Home Affairs.

Points to Know for Unsuitable Statutory Declarations or Affidavits

The following are points to know for unsuitable Statutory Declarations:

• From a junior colleague.
• Mentioning The referee agrees with what the requestor wrote in another document.
• The stamp and signature of the Notary Public do not prove that the referee’s signature is witnessed.
• The signature of the Notary Public only shows the Attested Copy.
• On the same day, the declaration is not witnessed.
• Directly copied and pasted duties from ANZSCO will not be accepted.

Conclusion

In conclusion, a statutory declaration or affidavit serves as an alternative to an employment reference letter when one cannot be obtained. It provides a legally binding statement of facts, similar to a reference letter, and must include specific details about employment. Supporting evidence should be included, and it’s important to adhere to the guidelines for acceptable declarations. Understanding the purpose, differences, common usage, and witnessing requirements are essential for a successful statutory declaration.

If you find any difficulty in preparing a statutory declaration or affidavit, RPL reports, and any Australian skill assessment, ACSRPLAsuatralia is here for you to provide free guidance in preparing those documents.

FAQs

1. What is a statutory declaration?

A statutory declaration is a legally binding document in which an individual makes a formal statement of fact, confirming the truthfulness of the information provided. It is typically used when there is no requirement for the statement to be made under oath or in the presence of a notary public.

2.  How is a statutory declaration different from an affidavit?

While statutory declarations and affidavits serve similar purposes of providing sworn statements, they differ in their legal requirements. Statutory declarations are usually governed by specific legislation. They are made under penalty of perjury but do not necessarily require a person to swear an oath or appear before a notary. On the other hand, affidavits are typically made under oath or affirmation, often requiring notarization or witnessing by an authorized individual.

3.  When are statutory declarations commonly used?

Statutory declarations are commonly used in various legal and administrative matters, including

1. Declaring the loss or theft of important documents like passports, driver’s licenses, or identification cards.
2. Confirming one’s marital status, address, or date of birth.
3. Supporting immigration applications, visa extensions, or work permits.
4. Verifying the authenticity of a document or statement.
5. Providing evidence of small claims, insurance claims, or financial transactions.

4.  Who can witness a statutory declaration?

The requirements for witnesses of statutory declarations vary depending on the jurisdiction. Generally, a witness must be an adult who is not a party to the declaration and has no personal interest in the matter. Commonly accepted witnesses include lawyers, notaries, justices of the peace, commissioners of oaths, and authorized government officials. To ensure compliance, verifying the specific witnessing requirements outlined by the relevant legislation in your jurisdiction is essential.