A Statutory Declaration for Aboriginality in Australia is a formal, legally binding statement where an individual declares they are of Aboriginal and/or Torres Strait Islander descent, identify as such, and are recognized by their community, signed and witnessed by an authorized person (like a JP, lawyer, or doctor). It's used to prove Indigenous status for various services, programs, and employment, affirming the person meets the three-part test: descent, self-identification, and community recognition.
Proof of Aboriginality in Australia typically requires demonstrating you are of Aboriginal descent, identify as Aboriginal, and are accepted by an Aboriginal community, often through a letter from an incorporated Indigenous organization or a statutory declaration supported by family history (genealogy, birth records), community endorsement, and sometimes a signed declaration by elders or a representative of an Aboriginal organization on their letterhead.
What should be in the statutory declaration? If you are making a statutory declaration, you are called the 'declarant'. Your statutory declaration should contain: your full name • your address • your occupation • a statement that you "do solemnly and sincerely declare" • the things you say are true.
The Statutory Declaration is a sworn oath. You must accurately complete the form enclosed with the Order for Recovery. It must be signed before a commissioner of oaths (eg a solicitor), an officer of the County Court appointed by a Judge to take affidavits, or a Justice of the Peace (at any Magistrates Court)
The standard three-part test for Aboriginality in Australia requires a person to meet three criteria: descent (biological ancestry), self-identification (identifying as Aboriginal or Torres Strait Islander), and community acceptance (being recognized as such by their Indigenous community). This definition, adopted by the Commonwealth government, is used for many government programs and services, although the Australian Bureau of Statistics (ABS) uses a simpler two-part test (descent and self-identification) for general data collection.
The Stolen Generations Reparations Scheme provided ex-gratia payments to Stolen Generations survivors. The reparations aimed to acknowledge historical injustices faced by Stolen Generations survivors. The amount provided to each recipient was $75,000.
Self-identification: You must personally choose to identify as Aboriginal. Some people with Aboriginal heritage may decide not to identify as such for various reasons. It's a personal choice that must be made by the individual.
Yes, you can do a statutory declaration online in Australia, particularly for Commonwealth stat decs, by using your myGov account and Digital ID for a fully digital process without a witness, or by having an approved witness observe you remotely via video link (like Zoom) for paper-based forms. Both digital and remote witnessing options offer the same legal standing as in-person declarations, saving time and effort.
A Commonwealth statutory declaration does not expire. It is valid for as long as the information in it is true.
A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness — usually a JP, lawyer or notary public. A NSW statutory declaration is made under the Oaths Act 1900.
Yes, you can write your own statutory declaration by filling out an approved form, but you cannot create the entire form from scratch; you must use the correct template and then declare it as true in front of an authorized witness (or digitally via myGov in Australia), ensuring it's legible and follows specific formatting rules like numbering paragraphs and stating the facts clearly.
Alternatively, you can print out a blank form and handwrite your statutory declaration. Ensure that your handwriting is legible and attach additional pages if you run out of space. You may use any colour pen you like, as long as it is easy to read and legible.
I hereby declare that the information given above and in the enclosed documents is true to the best of my knowledge and belief and nothing has been concealed therein. I understand that if the information given by me is proved false/not true, I will have to face the punishment as per the law.
There's no such thing as "distance" when it comes to bloodlines or any rubbish racist percentages. If you know that your ancestors were Aboriginal or Torres Strait Islander, then you're Aboriginal or Torres Strait Islander.
“Do you wish to self‑identify as an Aboriginal person in Canada such as First Nation, Métis or Inuit?” Any client may self‑identify as being an Aboriginal person, regardless of legal status under the Indian Act.
Today there is a three-part definition: A person of Aboriginal or Torres Strait Islander descent; A person who identifies as Aboriginal or Torres Strait Islander, and; A person who is accepted as such by the community in which they live.
How to prepare
A Commonwealth statutory declaration is invalid if it is witnessed incorrectly or witnessed by someone who is not an approved witness. You will need to re-do your statutory declaration with an approved witness and re-submit it with the organisation or person who requested the statutory declaration.
Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available.
Can a family member (relative) witness a signature? For many documents, such as powers of attorney, no. For others, it isn't always the best idea because, ideally, a witness should be a neutral third party. Furthermore, as previously stated, witnesses can't be a beneficiary or party to the document.
Yes, you can get statutory declaration (stat dec) forms from many Australian Post Offices, often sold in packs for different states (NSW, VIC, QLD, etc.), but they are just the blank forms; you still need to fill them out and have them signed (witnessed) by an authorized person like a JP, lawyer, or sometimes a pharmacist, according to Australia Post, NSW Government, Internode, JustAnswer, and findapharmacy.com.au.
Can a Family Member Ever Be a Witness? Yes, but with limitations. If the family member is not a named party on the LPA and has no vested interest in the outcome, they may act as a witness. However, to avoid any appearance of bias or conflict of interest, it's always better to use someone completely independent.
Proof of Aboriginality in Australia typically requires demonstrating you are of Aboriginal descent, identify as Aboriginal, and are accepted by an Aboriginal community, often through a letter from an incorporated Indigenous organization or a statutory declaration supported by family history (genealogy, birth records), community endorsement, and sometimes a signed declaration by elders or a representative of an Aboriginal organization on their letterhead.
Because information is important…
We have a responsibility to collect data from all our patients, so we can better understand the health of all Australians. This helps us to deliver the best health services, by helping governments use data to plan services that meet the needs of different groups of Australians.
No, a DNA test cannot definitively prove Aboriginality because identity is cultural and social, not just genetic, though it can confirm biological descent from Indigenous Australians by showing shared genetic markers. DNA tests are limited by incomplete reference data and the complexities of genetic inheritance, meaning a lack of detection doesn't negate ancestry, and the results only show potential origins, not cultural affiliation, which requires self-identification and community recognition.