QUIZ – Statutory Declarations
1509 – SD701
1/
Can all the words of a statutory declaration be written anyway the declarant
chooses?
2/
Can you take a pre-signed statutory declaration?
3/
Is a Justice of the Peace responsible for ensuring the contents of the clients
statutory declaration are true before taking the declaration?
4/
When would you include the word ‘severally’ in a joint statutory declaration?
5/
Are there any circumstances when the Justice of the Peace would read aloud the
contents of a statutory declaration?
Sep-15
ANSWERS
QUIZ – Statutory Declarations
1509 – SD701
1/
Can all the words of a statutory declaration be written anyway the declarant
chooses?
No, the opening, name, address, occupation and the closing Jurat must be in
the format specified in the Act. (Refer Manual Section 7.4, p38)
2/
Can you take a pre-signed statutory declaration?
Yes, as long as you are sure the person making the declaration is the person
in front of you
3/
Is a Justice of the Peace responsible for ensuring the contents of the clients
statutory declaration are true before taking the declaration?
The client (declarant) declares the truth of what is written in the statutory declaration.
The Justice of the Peace does not know if the contents are true or not.
In a most rare situation, if the Justice of the Peace actually knew (not just thought)
the contents or part of the contents of the declaration were not true, it would be
unethical for him/her to take the declaration. (Refer Manual Section 7.1, p37)
4/
When would you include the word ‘severally’ in a joint statutory declaration?
ONLY when both declarants appear before the same Justice of the Peace at the
same time and each declarant take it in turns to make their declaration. The first
declarant would sign the declaration and then respond with a ‘yes’ or ‘I do’ to the
question from the Justice of the Peace ‘Do you solemnly and sincerely declare the
contents of this your declaration are true?’ Then the Justice of the Peace would
repeat the process with the second declarant, and only then would the Justice of the
Peace sign and date the Jurat and add their details. (Refer Manual Section 7.7, p41)
(Some Justices may use a variation on the question which is acceptable. The
recommended practice is they should be consistent in their method.)
5/
Are there any circumstances when the Justice of the Peace would read aloud the
contents of a statutory declaration?
If the client has trouble reading the statutory declaration or has a disability that
prevents them from reading it, the Justice of the Peace must read the contents and
ensure the client knows and understands the statutory declaration before declaring it
to be true. (Refer Manual Section 4.16, p24)
Sep-15