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Broker guide

Statutory Declaration Sample for a Home Loan

Use a statutory declaration in a mortgage file only for verified facts, select the official jurisdictional form and follow current witnessing rules.

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A statutory declaration sample shows how to organise a truthful account for a mortgage file, but the declaration itself must follow the required official form. Start with the lender’s or professional’s request, identify the facts they need and choose the correct jurisdiction before signing.

The person making the statement is the declarant. They own the facts and final wording. A broker can help collect records and find official instructions, but doesn’t provide legal advice or witness the declaration unless independently authorised.

When a Mortgage File Uses a Declaration

Use a statutory declaration in a mortgage file when the receiving party asks someone to formally explain a factual gap. The Attorney-General’s Department describes a statutory declaration as a legal document containing facts the person declares to be true and accurate. Deliberately false statements can lead to an offence.

For example, a lender might ask a client to explain why older records use a different name. A solicitor might request an account of events that affect the file. These are possible uses, not a rule that every lender accepts declarations for those purposes.

Before collecting a statement, record who requested it and the precise question it must answer. Ask whether the request includes a particular form, supporting records or instructions about who must make the declaration. A borrower can’t turn someone else’s account into their own personal knowledge.

A declaration doesn’t prove loan eligibility or replace documents the lender still requires. If the request asks for both an explanation and bank statements, send both. Use the mortgage document collection guide to keep the remaining evidence visible.

Choose the Official Form

Choose the form from the purpose and receiving party’s instructions, not simply where the borrower lives or where the property sits. Commonwealth, state and territory declarations have different requirements. The Commonwealth guidance on declaration types explains those boundaries.

  1. Read the request. Identify the recipient and the fact they want declared.
  2. Confirm the required declaration type. If the request doesn’t name it, ask the recipient whether it requires a Commonwealth or specific state or territory declaration.
  3. Download the form from the official authority. Check the jurisdiction and law printed on it against the request.
  4. Save the accompanying instructions. Use the same authority’s rules for completion and signing.

The result must be one identified form and one matching set of instructions before the client prepares the final statement. When the jurisdiction or wording is uncertain, get help from a lawyer or the authorised professional handling the matter.

Required DeclarationOfficial Starting PointWhat to Use It For
Commonwealth of AustraliaAttorney-General’s Department formDownload the approved witnessed form or use its online form generator.
New South Wales (NSW)Service NSW statutory declaration formsAccess the Eighth Schedule and Ninth Schedule versions in PDF or Word.
VictoriaVictorian Government completion guideFollow the guide’s Department of Justice destination for the Victorian form and witness information.
QueenslandQueensland declaration guide and formsDownload the Queensland form and choose the relevant in-person or electronic instructions.
Western AustraliaWestern Australian forms and authorised witnessesDownload the state declaration in PDF or Word with its witness list.

For another state or territory, use that jurisdiction’s justice department or Attorney-General’s official guidance. A mortgage-file example for NSW, Victoria, Queensland or Western Australia can illustrate fact order. It doesn’t make the forms or witness rules interchangeable.

Selecting a NSW Statutory Declaration Form

The recipient’s requirement for a NSW declaration determines whether to use these forms. Service NSW’s guide, published 30 October 2025, supplies both schedule versions. The Eighth Schedule uses a sincere declaration of truth, while the Ninth Schedule addresses facts from knowledge, belief or information.

Confirm which schedule the recipient requires before completing it. Retain the official declaration wording and witness certification in the selected form. Don’t replace them with a sample letter headed “statutory declaration”.

Requests for official first-home programme or grant declarations have a separate purpose. Use the first-home buyer declaration form guide for those forms.

Statutory Declaration Sample

Organise the statement around what happened, who was involved and which records support the account. Use dates and numbered paragraphs so the recipient can compare each fact with the mortgage application.

  1. Collect the request and relevant records. Locate the document that contains the discrepancy before describing it.
  2. Write a chronology in the declarant’s own words. Separate what they personally know from information supplied by another person.
  3. Identify documents precisely. Give each document’s name and date, then follow the chosen authority’s attachment or exhibit instructions.
  4. Read every sentence back to the declarant. Resolve uncertain facts before transferring the statement to the official form.

The Western Australian witness fact sheet includes a completed official example with numbered facts and an identified attachment. Its example concerns an invoice. The mortgage example below is fictional and illustrates the same discipline of making records traceable.

Fictional Factual Statement for a Name Discrepancy

In this fictional scenario, a lender asks Alex Morgan to explain an older savings statement in the name Alex Taylor. Alex has a marriage certificate recording the relevant names. The recipient has confirmed that it accepts a Commonwealth declaration for this request.

The example assumes Alex personally knows the events and holds the records described. Every name, address and event is invented. It demonstrates a factual account, not wording for another person to adopt.

  1. My current name is Alex Morgan. Before my marriage on 12 April 2025, I used the name Alex Taylor.

  2. The savings statement dated 31 March 2025, for the account ending 2468, shows the name Alex Taylor. I held that account when the statement was issued.

  3. The marriage certificate dated 12 April 2025 records my name as Alex Taylor and my spouse’s surname as Morgan.

  4. On 20 May 2025, I gave my bank a copy of that certificate and asked it to update the name on my account.

  5. The statement dated 30 September 2026, for the same account ending 2468, shows the name Alex Morgan.

These facts explain the relationship between two records. They don’t state that a lender has verified identity or approved the loan. If a real client’s name changed for another reason, their account and supporting evidence must reflect that reason.

Completed Form Example: Commonwealth Fields

This table shows a fictional completed statutory declaration form sample against the fields in the current Commonwealth witnessed form. It isn’t an official form or an executed declaration. The signature rows describe imagined signing events rather than providing signatures anyone can reuse.

Official Form FieldFictional Completed Entry
1. Declarant’s name, address and occupationAlex Morgan, 14 Example Street, Sydney NSW 2000, teacher
2. Matter declaredThe five numbered factual paragraphs above, with the official form’s legal wording retained.
3. Declarant’s signatureIn this fictional completed version, Alex signs while the approved witness observes.
4. Declarant’s email or telephonealex.morgan@example.com
5. PlaceSydney, NSW
6. Day3
7. Month and yearOctober 2026
8. Witness’s signatureIn the imagined appointment, Sam signs after observing Alex’s signature.
9. Witness’s name, qualification and addressSam Rivera, Australian legal practitioner, 20 Example Street, Sydney NSW 2000
10. Witness’s email or telephonesam.rivera@example.com

The Commonwealth form page, updated 1 January 2024, supplies the actual document and field labels. Use that document for a Commonwealth declaration. Leave signing details until the witnessing appointment, following the instructions below.

A real name-change declaration must describe that person’s actual history. It doesn’t itself update a government register, replace a certificate or remove a lender’s identity requirements. If the names or records are disputed, take the issue to the professional handling the matter before preparing the statement.

Follow Current Witnessing Instructions

Follow the selected authority’s current instructions for witness eligibility, identity checks and signing method. Permission to sign remotely in one jurisdiction doesn’t establish permission for another form.

For a witnessed Commonwealth declaration, the official completion instructions require the approved form. Complete sections 1, 2 and 4 first. Wait until the witnessing appointment to sign, add the date and complete witness details.

The approved witness must observe the signing, in person or over video link. Every page and attachment needs the declarant’s signature. During the same appointment, the witness completes their sections and signs and dates those pages and attachments.

Commonwealth declarations can also be made through myGov without a witness. The digital Commonwealth declaration instructions require a connected Digital Identity of at least standard strength. That route creates a Commonwealth declaration, so resolve the required declaration type first.

For NSW, Service NSW says a witness who has known the declarant for less than 12 months must confirm identity with an approved identification document. The name on a photo identity document must match the declaration. Bring suitable identity evidence and leave the form unsigned before the appointment.

NSW also permits remote witnessing through audio-visual link. Use the NSW remote-witnessing instructions for the witness’s required process and endorsement. Sending a signed PDF by email alone doesn’t establish that process occurred.

Queensland’s guide requires a special witness for electronic witnessing. Its witness rules depend on how the declaration is signed and observed.

For Victoria, use the government guide and its linked witness information. Western Australia’s witness fact sheet explains its oral declaration and signature requirements.

A broker’s job title alone doesn’t establish witness authority. Match any separate qualification to the authority’s current witness list. If the client needs an interpreter, can’t sign or doesn’t understand the document, arrange suitable professional help before execution.

Check the File Before Submission

Compare the completed declaration with the application and supporting records before sending it to the recipient. The declared facts must answer the original request, and each document reference must identify a record actually held in the file.

  1. Match names and dates. In the fictional example, the March statement uses Taylor and the September statement uses Morgan, with the certificate explaining the difference.
  2. Check the complete signed document. Include all pages, attachments and required witness details for the chosen process.
  3. Record discrepancies. If the account number or event date conflicts with another record, keep both versions and flag the issue for review.
  4. Confirm the submission destination. Send the declaration to the requesting lender or professional with the other required evidence, then record what was sent.

Don’t edit a completed signed PDF to make conflicting facts agree. The Commonwealth guidance on genuine mistakes requires witnessed corrections before the same witness. Changed facts call for a new declaration.

Other jurisdictions have their own correction rules.

If the recipient returns the file for the wrong jurisdiction, replace it through the correct official process. If a required signature or witness detail is missing, return it to the declarant and witness for proper completion. A broker must not add those details on their behalf.

The file is ready to submit when the declaration answers the requested question, the signed document follows its official process and discrepancies have been resolved or clearly presented for review. Keep the declaration with the corroborating records so the recipient can assess the account without losing the original evidence.

Check the policy behind your next scenario

Ask Bulma a lender policy question and inspect the source behind the answer.