Statutory declaration for sick or carer’s leave: when it works and how to make one

What is a statutory declaration?

A statutory declaration, often called a stat dec, is a legal document that sets out facts you declare to be true and accurate. People, organisations and government agencies can all ask for one.

The Attorney-General’s Department lists employment and leave applications among the common uses, along with things like insurance and superannuation claims.

The Commonwealth, states and territories each have their own requirements. This guide covers Commonwealth statutory declarations, which is what the Attorney-General’s Department provides information about.

Can you use a stat dec as evidence for sick or carer’s leave?

It can be. Under the Fair Work rules, your employer can ask for evidence that you took the leave because you:

• weren’t able to work because of an illness or injury, or
• needed to care for or support an immediate family or household member because of an illness, injury or unexpected emergency.

The Fair Work Ombudsman says there are no strict rules on what type of evidence you give. Medical certificates and statutory declarations are both examples of acceptable evidence. What matters is that the evidence would convince a reasonable person that you were genuinely entitled to the leave.

Your employer can ask for evidence for as little as one day off, or less. If you don’t provide evidence when asked, you may not be paid for that leave.

For the wider picture, see when you legally need a medical certificate for work.

When does a stat dec make the most sense?

A stat dec is most useful when you couldn’t see a practitioner in time, or when the illness was short and has already passed.

The Fair Work Ombudsman gives an example along these lines. A full-time retail worker’s employer had told staff that anyone sick on a Monday needed a medical certificate. She caught a cold over the weekend, took the Monday off, and couldn’t get a doctor’s appointment. When she returned on the Tuesday, she gave her employer a statutory declaration instead. She was paid for the day.

The point of the example is that the evidence needs to fit the situation and be reasonable. It isn’t a promise that every employer must accept a stat dec in every case.

Can your employer insist on a medical certificate?

Sometimes. An award or registered agreement can say when you need to give evidence and what type of evidence it must be. The type of evidence requested must always be reasonable in the circumstances.

Before you rely on a stat dec, check:

• your award or registered agreement
• your employment contract or workplace leave policy
• any instructions your manager has already given about evidence

If you’re unsure whether a requirement is reasonable, the Fair Work Ombudsman can help on 13 13 94.

How do you make a Commonwealth statutory declaration?

There are three ways. The Attorney-General’s Department says you can choose whichever you prefer, and each creates an equally valid Commonwealth statutory declaration.

Method	Witness needed?	What you need
Approved form, in person	Yes, an approved witness observes you	The Commonwealth statutory declaration form
Approved form, by video link	Yes, an approved witness observes you remotely, for example over Zoom, Teams, Skype or FaceTime	The same form and a video call
Digital, through myGov	No	A myGov account and a Digital Identity to verify who you are

The form for the first two methods is available from the Attorney-General’s Department website. The department also has guidance on completing the form and on who can act as a witness. Check that guidance before you book a witness, because not everyone can witness a statutory declaration.

Because states and territories have their own statutory declaration requirements, ask your employer which version they want if they haven’t said.

What should a stat dec for leave say?

The Attorney-General’s Department doesn’t advise on what goes into a particular statutory declaration. It suggests directing those questions to the person or organisation that asked you for one, which here is your employer.

As a general guide, keep it factual and focused on what the evidence needs to show:

• the dates you were away, or expect to be away
• that you couldn’t work because of illness or injury, or
• that you needed to provide care or support to an immediate family or household member

You don’t need to write more than is true and relevant. Separate from the evidence, you still need to give your employer notice as soon as possible, which can be after the leave has started.

What if a statement in a stat dec isn’t true?

A stat dec is a legal document. The Attorney-General’s Department says that if you make a false statement on purpose, you can be charged with an offence. Only declare what you know to be true.

Is a medical certificate a better option?

It depends on what your employer has asked for. A stat dec is your own statement. A certificate comes from a practitioner who has assessed you. Some awards, agreements and workplaces ask for one rather than the other.

Our guide to sick notes, medical certificates and carer’s certificates explains the difference between those documents.

If you’re unwell now and would prefer a certificate, Click Clinic offers an online assessment for work and sick leave and carer’s leave. Requests are assessed by registered practitioners, and a certificate is issued only when it’s clinically appropriate. Certificates aren’t backdated, so for a day that has already passed, a statutory declaration may be the more practical choice.

This guide is general information, not legal advice.