# Statutory Declaration in Aus and India



## RPSF (Dec 9, 2013)

I am in Aus and am planning to get a statutory declararion from colleagues for the exp in my 2 companies. 
1) I am planning to put my experience in a tabular format in the stat decl for australia to save on space. Is this fine or is this legally wrong?
2) After I have got the stat decl consisting of 6 pages witnessed in Aus.... do I still need to takw a Xerox and get that attested by a JOP before scanning it?
3) What is the process of witnessing in India.....Is it basically notarising? Or do I need to get a witness to sign and then notarise it?


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## espresso (Nov 2, 2012)

Hi RPSF, 

1. I would use one of the official templates and fill those out. The body of the statutory declaration can contain tables or free text. But I would not fiddle with the header/footer, because



> [...] you are allowed to prepare your own statutory declaration form, which differs from the standard form. However, you should get legal advice, to ensure the resulting declaration is valid.


2.) Depends on who they are for. ACS wants scans of certified copies of all documents. DIBP also accepts color scans, if the original document is in color. 

3.) You should go for a _witnessed statement_ in the format that is customary in your country. Most Indian applicants decide to get it on stamp paper, although that is not a requirement. 

Cheers, 
Monika


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## RPSF (Dec 9, 2013)

Thanks Monika for your response. However wrt q2 and 3 the question was more about.
2) once an official witness has signed the stat declaration....should I still make a copy and attest it by a JOP before uploading, even if I am able to make colour scans of the documents?
3) For Indian stat declaration, I am planning to get it typed on stamp paper and then notarised. Is a witness the same as the notary. In India....a witness is usually anyone like a friend or colleague who can sign the document. Usually after a friend signs as witness the document is notarised.


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## espresso (Nov 2, 2012)

Hi RPSF, 

2.) I answered that. If you only send it to DIBP a colour scan is fine. If you need the statutory declaration for both ACS and DIBP you should get certified copies from a justice of peace. If you need to get certified copies anyway, you might just as well get the whole bunch done . 

3.) "Witnessed statement" means that the person who made the declaration signs it in front of a witness - usually a notary, who will check that the person who signs is who s/he claims to be . You could get another person to observe the signing and put their name on the paper as a witness. But if you go through the effort you might just as well get it done in the safest possible way (= in front of a notary). Stamp paper is not required, it can be on a plain sheet of paper.


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## Danelle Jones (Dec 19, 2013)

The official template is the way to go!


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## Sharmaabhi (May 15, 2013)

RPSF said:


> I am in Aus and am planning to get a statutory declararion from colleagues for the exp in my 2 companies.
> 1) I am planning to put my experience in a tabular format in the stat decl for australia to save on space. Is this fine or is this legally wrong?
> 2) After I have got the stat decl consisting of 6 pages witnessed in Aus.... do I still need to takw a Xerox and get that attested by a JOP before scanning it?
> 3) What is the process of witnessing in India.....Is it basically notarising? Or do I need to get a witness to sign and then notarise it?


Hi,

I am not aware of points 1 & 2 but i personally did point 3. Its just your declaration on a stamp paper (Rs 10/- or 20/-) and afterwards get it notarised without any witness (Just print your declaration on stamp paper and take it to notary). In case of notarisation you can inform them the purpose so that they will put few extra stamps on it such as "Valid for foreign country / out of India /embassy etc".

I have applied for Vetassess Assessment. Declaration should be from your side and not from your colleagues.


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## RPSF (Dec 9, 2013)

Thanks Sharmabhi....However ACS has now clearly mentioned that self declararion will not be accepted.


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## artech (Jun 26, 2014)

Sharmaabhi said:


> Hi,
> 
> ts just your declaration on a stamp paper (Rs 10/- or 20/-) and afterwards get it notarised without any witness (Just print your declaration on stamp paper and take it to notary).
> 
> I have applied for Vetassess Assessment. Declaration should be from your side and not from your colleagues.


Hi Sharmaabhi, when you say that you took the declaration on stamp paper to notary, did you get the signature and then take it, or the sign was affixed by the person making the declaration in front of the notary? I am a bit confused here, because its hard to get ex-managers to a notary office and hassle them. If its possible to get the signature separately and then get it notarized separately, it would be ideal.

However, I am not able to get a clear answer from all the forum posts.


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## amit_aus84 (May 28, 2014)

artech said:


> Hi Sharmaabhi, when you say that you took the declaration on stamp paper to notary, did you get the signature and then take it, or the sign was affixed by the person making the declaration in front of the notary? I am a bit confused here, because its hard to get ex-managers to a notary office and hassle them. If its possible to get the signature separately and then get it notarized separately, it would be ideal.
> 
> However, I am not able to get a clear answer from all the forum posts.


Hi Artech,

The expectation is to get your manager alongwith you to notary and sign before the lawyer / notary.
You will also need an additional witness in front of whom your manager should be signing.


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