How to Write a Statutory Declaration for an Insurance Claim

A statutory declaration for an insurance claim is a written statement of facts that you sign in front of an authorised witness, making it legally equivalent to giving evidence under oath. It should include your personal details, a clear timeline of events, a factual description of the damage or loss, and any supporting context the insurer needs. Keep it factual, avoid opinions, and structure it chronologically.

Key takeaways

• A statutory declaration is a written statement of facts signed before an authorised witness, making it legally equivalent to evidence under oath.
• Include your personal details, a chronological timeline, factual descriptions of the loss, and any supporting context.
• Keep it factual and avoid opinions. Stick to what you directly observed or experienced.
• Authorised witnesses include JPs, pharmacists, lawyers, and police officers. Most offer the service for free.

A statutory declaration is a written statement of facts that you sign and declare to be true under law. In insurance disputes, a well-prepared statutory declaration can be one of the most important documents you submit. It is your opportunity to tell your side of the story in a structured, formal way that carries legal weight.

When you need a statutory declaration for an insurance claim

You might need a statutory declaration at several points during an insurance dispute. To provide a first-hand account of the event that caused the damage or loss. To confirm details that you cannot prove with other documents, such as the value of items that were lost or destroyed. To support a claim where the insurer disputes what happened. As part of an AFCA submission, to give the decision-maker your version of events. Or to confirm the timeline of events, especially where the insurer questions when damage occurred.

Insurers and AFCA take statutory declarations seriously because making a false statement in one is a criminal offence under the Statutory Declarations Act 1959 (Cth). This gives your statement credibility that an informal letter or email does not have.

What to include in your statutory declaration

A good statutory declaration for an insurance claim should cover your identity and background, including your full name, address, and your relationship to the claim. Then the facts: a clear, chronological account of what happened, with dates, times, and specific details. Describe what you saw, heard, and did. Avoid opinions and speculation, and stick to what you personally know to be true.

Include supporting context that helps explain the situation. For example, when you last inspected the property before the event, what maintenance you had done, or what precautions you took. Finally, describe the impact: what damage or loss resulted, and how it has affected you. Be specific about what was damaged, when you discovered it, and what steps you took afterwards.

Common mistakes to avoid

Being too vague is the most common problem. Statements like "the storm caused significant damage to my roof" are not useful. Instead, write something like "on 15 March 2026, during a storm that brought wind gusts of over 100km/h according to BOM records, I heard tiles lifting from the north-facing section of my roof. The following morning I observed that approximately 20 tiles were displaced or broken, and water had entered the ceiling cavity above the main bedroom."

Including opinions or arguments is another mistake. A statutory declaration is for facts, not for arguing your case. Save the legal arguments for your dispute letter. The stat dec provides the factual foundation; your dispute letter uses those facts to make the argument.

Making statements you cannot support is risky. Everything in a statutory declaration must be true. If you are uncertain about a detail, say so. Writing "I believe the damage occurred on or around 15 March" is better than stating a date you are not sure about.

The legal requirements

In Australia, statutory declarations can be made under Commonwealth law (Statutory Declarations Act 1959) or under the relevant state legislation. For insurance disputes, the Commonwealth form is most commonly used. A Commonwealth statutory declaration must be in the prescribed form, include the statement that you understand making a false declaration is a criminal offence, and be signed by you in the presence of an approved witness.

Who can witness a statutory declaration

An approved witness for a Commonwealth statutory declaration includes justices of the peace, pharmacists, police officers, Australia Post permanent employees, teachers, nurses, medical practitioners, and many other categories listed in the regulations. The witness must see you sign the declaration and must be satisfied that you are the person named in it. They do not need to read the content or verify that the statements are true.

Build your statutory declaration for free

If you need a statutory declaration for an insurance claim, we have built a free stat dec builder that walks you through the process step by step. It generates a properly formatted document under the Commonwealth Statutory Declarations Act 1959 that you can download as a Word file, ready for printing and signing. No account required.