10 August, 2017

Members requiring a statutory declaration for the purposes of taking carers leave are required to use a NSW Statutory Declaration form. A copy of the form can be downloaded by clicking here.

Who must witness the form ?

The form must be witnessed by either a:

  • justice of the peace
  • notary public
  • commissioner of the court for taking affidavits
  • legal practitioner, i.e. a solicitor or a barrister with a current NSW practising certificate, or
  • any person authorised to administer an oath.

Where do I find a JP or a Notary Public?

A list of JPs can be accessed here:
http://jp.lawlink.nsw.gov.au/public/welcomePublic.do

A list of Notary Publics can be accessed here:
http://www.notarylocator.com.au/index.php

Can I use a Commonwealth Statutory Declaration form?

No. The Union challenged this in 2004, however the IRC sided with the Department, affirming that only statutory declarations made under the Oaths Act 1900 (NSW) could be submitted when claiming the Award’s personal/carer’s leave entitlement.

A copy of the IRC decision can be found by clicking here.