Can I complete a Commonwealth statutory declaration online through myGov?

Yes, for Commonwealth matters. Under the Statutory Declarations Act 1959 (Cth) and its modernised digital framework,¹ individuals can create, sign, and download an official Commonwealth statutory declaration online through the Australian Government myGov portal using their digital identity credentials, without attending before a Justice of the Peace (JP), Commissioner for Declarations, or legal practitioner.

However, this digital service applies strictly to Commonwealth statutory declarations. It does not automatically apply to Queensland state declarations, court affidavits, land title transfers, or private commercial contracts.

How the myGov digital declaration service works

A statutory declaration is a written statement declared to be true under penalty of perjury. Traditionally, executing a declaration required printing the form, presenting physical identity documents, and signing in the physical presence of an authorised prescribed witness (such as a lawyer, JP, doctor, or police officer).

The Commonwealth digital statutory declaration process operates through the myGov platform:

1. Identity authentication: The declarant logs into myGov using their verified Digital Identity (such as myGovID / Digital ID at a Standard or Strong identity resilience level).
2. Online drafting: The declarant enters their personal details, the substantive factual statements, and the declaration text directly into the guided portal.
3. Digital execution: The platform applies an electronic signature backed by digital cryptographic security.
4. Verification features: The output PDF includes an official Commonwealth crest, an embedded verification code, and a scannable QR code allowing employers, universities, banks, and government agencies to verify that the document has not been altered.

Commonwealth vs Queensland statutory declarations

It is critical to distinguish between Commonwealth declarations and Queensland state instruments:

Documents that cannot be signed through myGov

You cannot use the myGov Commonwealth statutory declaration tool for:

• Court Affidavits: Affidavits filed in the Supreme Court, District Court, Magistrates Court of Queensland, or the Federal Circuit and Family Court of Australia require specific jurats and formal witnessing under court rules.
• Queensland Land Title Documents: Registry instruments, transfers, and mortgages lodged with Titles Queensland operate under the Land Title Act 1994 (Qld) and strict verification of identity (VOI) standards.
• Enduring Powers of Attorney & Advance Health Directives: Queensland estate planning documents require personal capacity assessments and execution under the Powers of Attorney Act 1998 (Qld).
• Queensland State Government Submissions: Forms specifically requesting a Queensland statutory declaration under the Oaths Act 1867 (Qld).

Verifying digital statutory declarations

When an organisation receives a myGov Commonwealth statutory declaration, it can verify the document’s authenticity online. Each digital declaration contains:

• A unique document verification code
• A secure QR code linking directly to the Australian Government verification page
• A cryptographic signature that becomes invalid if any text in the PDF is altered

Before submitting a digital statutory declaration, always confirm that the receiving department, employer, or commercial counterparty accepts Commonwealth statutory declarations in electronic form for your specific matter.

For broader analysis of administrative law and government decisions, see our guide on what administrative law governs in Queensland and our coverage in Legal Matters Episode 28 .

This article is general legal information and is not legal advice. If you require advice on statutory declarations, witnessing requirements, or administrative review, contact Bell & Senior Lawyers on (07) 5532 8777.