Taking Someone’s Points – Is it really a big deal.


Lying on a Statutory Declaration (“Stat Dec”) is a big ask and can have some serious consequences. Statutory declarations are not normally used at a court. They are normally used for business or legal decisions. The most common situation where a person is tempted to lie on a Stat Dec is to save a person from losing their drivers licence. But agreeing to falsifying a statutory declaration can place you before the court facing criminal charges.


What is a Stat Dec?

A stat dec is a written statement which a person uses to swear, affirm, or declare something to be true in the presence of an authorised witness. Usually a Justice of the Peace (JP), a lawyer or a notary public are to be used as witnesses, but in some cases it can differ. A false statutory declaration is a criminal offence and can have long-term impacts.


What is the difference between a Stat Dec and an affidavit?

An affidavit is used as evidence in court. It is used to confirm by oath or affirmation. While similar a stat de and affidavit are both written statements of fact. Stat decs are normally used for business or legal decisions. If you are not sure if you need an affidavit or a stat deck you should contact or legal today.


Is there more than one kind of stat dec?

The most common type of stat dec people deal with in NSW is made under the Oaths Act 1900. The Act contains 2 alternative formats for a statutory declaration and they are used to affirm that someone is making a “solemn decalaration” they believe something to be true. Most stat decs in NSW are used in relationship to driving and road violations to help someone else keep their license.


What if you lie on a Stat Dec?

Lying on a Statutory Declaration is a criminal offence under the Section 25 of the Oaths Act 1900 which states:


25   False declaration

In all cases where by this Part, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration—

(a)  is substituted in lieu of an oath or affidavit, or

(b)  is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit.


Any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, shall be guilty of an indictable offence and liable to imprisonment for 5 years.


Lying on a stat dec about a traffic offence

If you lie about on a stat dec about a traffic offence, which is what most false stat dec are, you are not committing a traffic offence, but a criminal offence. This means that, if convicted, you will get a criminal record. So, you are likely not looking at just a fine, a loss of a few demerit points, or your licence. Youre likely looking at something far worse and something with a longer impact on your life.

This means if convicted, you will receive a criminal record and could be sentenced to imprisonment for a maximum of 5 years.


If you have more questions regarding stat decs, including where to get one of the two forms most commonly used in NSW, contact us today.