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The declaration may be used in connection with matters of law, including judicial proceedings, but what weight is given to the declaration is a matter for the judge to decide. Statutory declarations must be made in a prescribed form and witnessed by a person as specified in the Statutory Declarations Regulations 2023.
A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. [1] An affidavit may include,
Anarâškielâ; Аԥсшәа; العربية; Azərbaycanca; বাংলা; Башҡортса; Беларуская; Беларуская (тарашкевіца)
A person who has been admitted as an Australian lawyer by the Supreme Court of a State or Territory can witness a statutory declaration, whether or not they hold a practising certificate. [4] Other categories of people listed in Schedule 1 of the Regulations may also witness a statutory declaration. [5]
The commitment can come in different forms depending on the situation of the witness. The types of commitment used in the United Kingdom are: Oath: A commitment made to the witness's deity, or on their holy book. Affirmation: A secular variant of the oath where the witness does not have to mention a deity or holy book.