How to make a statutory declaration

What a statutory declaration is

A statutory declaration is a written statement of facts that you sign and swear to be true in front of an authorised officer, such as a Commissioner for Oaths. It carries legal weight because making a false one is a criminal offence.

In a scam case, it is often used to formally set out what happened when other documents alone are not enough. It is not a complaint form, but a sworn record of facts.

When a scam case needs one

A bank may ask for a statutory declaration to support a recall request or a dispute, especially when the transfer instruction itself is being questioned. It can also help when you are replacing a lost or stolen identification document used in the scam.

Some banks and agencies ask for one when your account details were used without your knowledge, to confirm you did not authorise what happened. Ask the specific institution whether they require this format before you prepare one.

How to prepare one properly

Write only facts you know to be true, in a clear chronological order, without guessing at details you are unsure of. State dates, amounts, and what you personally saw or did, rather than what you assume happened.

Keep the language plain and specific, since a vague statement is less useful than a precise one. If you are unsure how to phrase a section, a Commissioner for Oaths or lawyer can help you draft it correctly.

Where and how to sign it

A statutory declaration must be signed in person before a Commissioner for Oaths, a magistrate, or another officer authorised to administer it, not on your own beforehand. Bring your identification document and any supporting evidence referenced in the declaration.

There is usually a small fee for this service, which varies by location. Ask the office directly, since a first assessment with a lawyer can also confirm exactly what your case requires.

What to do next

Once your statutory declaration is ready, submit it to whichever bank, agency, or court process asked for it, keeping a signed copy for your own records. Pair it with your other evidence, such as your bank statements and chat records.

If you are not sure whether your situation needs one at all, ask before you prepare it. Read how to organise evidence for a lawyer for how it fits into your wider file.