Statutory Declarations and Affidavits

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Statutory Declarations and Affidavits

Statutory Declarations and Affidavits​

A Statutory Declaration or Affidavit is an alternative to the employment reference letter; a legally written statement declared as valid and signed in the presence of an authorized witness.

ACS only accepts Statutory Declarations and Affidavits when an applicant is unable to get an employment reference letter from the company.

It is not necessary to provide an employment reference letter but an applicant needs to provide a proper reason explaining why you cannot get an employment reference letter in statutory declarations.

An authorized witness must clearly sign all Statutory Declarations or Affidavits. The document must specify the date and place where a declaration was made and signed by the authorized witness.


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 are not being able to get an employment reference letter.

As 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 but the Statutory Declaration is a written statement 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 including:
    – 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 main five roles, duties and responsibilities
  • Salary earned
  • Reason of not being able to obtain an employment reference letter

An Example to Define a Working Relationship By Co-worker

A statutory declaration or affidavit signed by a co-worker must explain the duties you have performed along with the dates and their working relationship with you.

An example to define a working relationship by a co-worker is as follows –
‘I can confirm that (applicant name) carried out the roles and duties mentioned in this document at (company name) as I was their (supervisor, colleague, manager, etc.) who communicated with them and observed their work regularly throughout their employment period. ‘

The declarant must provide their existing contact information and the following information as evidence of their working relationship with the applicant:

• Employment certificate on official company letterhead
• Leaving certificate if one has left the company that they work together

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 business and the applicant name)

• Applicant and employer payslips with their own 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 and 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.

• Stamp and signature of Notary Public does not prove that the referee’s signature is witnessed.

• Signature of Notary Public only shows Attested Copy.

• On the same day, the declaration is not witnessed.

• Directly copied and pasted duties from ANZSCO will not be accepted

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