Only a partial digital reform
The bill was criticised as a useful but limited step because it improves statutory declarations without completing the larger job of building a full national digital identity system for government interactions.
Statutory Declarations Amendment
Current status
This bill became law on Nov 17th, 2023.
Policy area
Law, justice & rights
What does this bill do?
Australians can now sign a Commonwealth statutory declarationA written statement that has legal force if it is made in the way the Act requires. either on paper or electronically, as long as the signing method shows who signed and that they meant to make the declaration.
Why was it introduced?
COVID-19 movement restrictions exposed how hard it was to meet wet-ink, in-person witnessing rules, and the temporary electronic signing and video-witnessing fix was due to expire on 31 December 2023. The bill permanently allows electronic and video-witnessed declarations and creates a digital identity-checked online option with privacy, reporting and review safeguards.
Broader context
Commonwealth statutory declarations had long depended on paper forms and in-person witnessing, and during COVID-19 the government used a temporary 2021 determination to allow electronic signing and video witnessing when movement restrictions made the old process hard to use. With those temporary rules due to expire on 31 December 2023, the bill made electronic and video-witnessed declarations permanent, added a digital identity-checked online option with privacy and reporting safeguards, and took effect from 1 January 2024 so people could keep using online government services without interruption.
Key criticism
The main reservation was that the bill only partly modernises identity and document verification, rather than delivering a broader national digital identity system across government services. That criticism was limited: the Coalition still backed the bill and used the debate mainly to argue the government should move faster on wider digital identity reform.
Who supported it?
Hon Mark Dreyfus KC, MP introduced this bill. It passed on the voices.
Introduced in House 07 Sept 2023
Passed House 13 Sept 2023
Passed Senate 09 Nov 2023
Became law 17 Nov 2023
Did it become law?
Yes
Became law 17 Nov 2023
Final passage
Passed without a counted vote
1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.
Passage speed
71 days
From introduction to the latest recorded parliamentary step
Meaning
What does this bill do?
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Australians can now sign a Commonwealth statutory declarationA written statement that has legal force if it is made in the way the Act requires. either on paper or electronically, as long as the signing method shows who signed and that they meant to make the declaration.
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People can now make a Commonwealth statutory declarationA written statement that has legal force if it is made in the way the Act requires. either before an authorised witnessThe person allowed to receive the declaration and confirm the signer’s identity or signature under the law. in person or through a digital identity-checked online process.
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People can now have a Commonwealth statutory declarationA written statement that has legal force if it is made in the way the Act requires. witnessed over video linkA live audio and video connection used so a witness can see the declaration being made when the people are in different places., and the authorised witnessThe person allowed to receive the declaration and confirm the signer’s identity or signature under the law. can sign a true copy instead of the exact same document.
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People can now complete some Commonwealth statutory declarations fully online without a witness if an approved platform signs them up and an approved identity serviceA service used to check who the person is before they can complete a digital statutory declaration. checks who they are.
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Online providers for digital statutory declarations cannot keep copies of the declarations, must report yearly use and data breaches to Parliament through the Minister, and the law must be reviewed after two years.
Show source excerpts
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(1) For the purposes of this Act, a person may sign a statutory declaration by signing:
Statutory Declarations Amendment Act 2023 final Act text -
A statutory declaration made under this Act must satisfy the requirements of either:
Statutory Declarations Amendment Act 2023 final Act text -
(b) the declaration is signed by the declarant under the observation of a prescribed person in either of the following cases:
Statutory Declarations Amendment Act 2023 final Act text -
(1) A statutory declaration satisfies the requirements of this section if:
Statutory Declarations Amendment Act 2023 final Act text -
The approved online platform must, after the end of each financial year, prepare and give a report on the use of the platform to the responsible Minister. This report is to be tabled by the Minister in Parliament and must include the number of statutory declarations executed through the platform, their compliance with the requirement not to keep copies of the declaration and a requirement to report any eligible data breach within the meaning of the Privacy Act. There is an ability for the Minister to prescribe additional matters on which the online platform must report.
Statutory Declarations Amendment explanatory memorandum
Context
Broader context for this bill
Commonwealth statutory declarations had long depended on paper forms and in-person witnessing, and during COVID-19 the government used a temporary 2021 determination to allow electronic signing and video witnessing when movement restrictions made the old process hard to use. With those temporary rules due to expire on 31 December 2023, the bill made electronic and video-witnessed declarations permanent, added a digital identity-checked online option with privacy and reporting safeguards, and took effect from 1 January 2024 so people could keep using online government services without interruption.
- 2021
Temporary COVID-19 statutory declaration rules begin
A 2021 determination temporarily allowed Commonwealth statutory declarations to be signed electronically and witnessed over audio-visual linkA live audio and video connection used so a witness can see the declaration being made when the people are in different places. when pandemic movement restrictions made in-person execution difficult.
Statutory Declarations Amendment explanatory memorandum ↗ - 07 Sept 2023
Government introduces a permanent digital statutory declarations bill
The bill was introduced to keep electronic signing and video witnessing after the temporary rules expired and to add a new online process using approved platforms and identity verification.
Parliamentary timeline ↗ - 12 Sept 2023
Online statutory declarations are linked to everyday federal services
The Australian Financial Review reported the changes would make statutory declarations easier to use for services such as passports, visas, unemployment benefits and child support.
Australian Financial Review ↗ - 09 Nov 2023
Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the temporary pandemic arrangements to be replaced with a permanent system.
Parliamentary timeline ↗ - 17 Nov 2023
Royal AssentThe step where the Governor-General approves a bill and it becomes an Act. turns the bill into law
Royal AssentThe step where the Governor-General approves a bill and it becomes an Act. completed the legislation needed to preserve electronic executionA way of signing on a device instead of using pen and paper, so long as it clearly identifies the signer and shows they meant to sign. and create the new digital verification pathway for Commonwealth statutory declarations.
Parliamentary timeline ↗ - 01 Jan 2024
Permanent digital statutory declaration rules commence
The new law commenced on the later of 1 January 2024 or assent, ensuring continuity after the temporary measures ended on 31 December 2023.
Statutory Declarations Amendment explanatory memorandum ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 07 Sept 2023
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 07 Sept 2023
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Legal and Constitutional Affairs Legislation Committee; Committee report (18/10/2023) review 07 Sept 2023
Referred to Committee (07/09/2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (18/10/2023)
Referred to committee
APH bill page notesSecond reading debate 12 Sept 2023
The bill reached this recorded parliamentary step.
Sent to Federation Chamber for debate 12 Sept 2023
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
Federation Chamber debate 12 Sept 2023
The bill reached this recorded parliamentary step.
Second reading debate
Returned from Federation Chamber 13 Sept 2023
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
House second reading agreed 13 Sept 2023
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
House third reading agreed 13 Sept 2023
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Introduced 14 Sept 2023
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 14 Sept 2023
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Second reading debate 09 Nov 2023
The bill reached this recorded parliamentary step.
Senate second reading agreed 09 Nov 2023
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Senate third reading agreed 09 Nov 2023
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Passed both houses 09 Nov 2023
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
Assent 17 Nov 2023
The Governor-General gave Royal AssentThe step where the Governor-General approves a bill and it becomes an Act., turning the bill into an Act.
Key criticism
The main case against this bill
The main reservation was that the bill only partly modernises identity and document verification, rather than delivering a broader national digital identity system across government services. That criticism was limited: the Coalition still backed the bill and used the debate mainly to argue the government should move faster on wider digital identity reform.
No party represented in the debate opposed the bill; criticism was narrow and mostly about the reform not going further.
Further sources
Votes
Recorded votes
How the bill itself passed
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
Passed House passed the bill
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
House passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed Senate passed the bill
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
Senate passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments at a glance
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
House
Defeated Note digital identity rollout gaps
Defeated 54 to 85. Support came from Liberal Party and Nationals. Opposition came from Labor and Greens. Minor-party and independent votes were split.
Defeated
Note digital identity rollout gaps
The amendment was defeated 54 to 85, so the House did not add that statement to the second-reading motion and the bill proceeded unchanged at this stage.
Party Aye / No
Labor 0 / 65
Unknown 23 / 14
Liberal Party 18 / 0
Nationals 12 / 0
Independent 1 / 5
Greens 0 / 1
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Mark Dreyfus
Mark Dreyfus supports the bill, saying it will modernise Commonwealth statutory declarations by allowing secure electronic and digital execution.
Read in Hansard ↗ Lead supporting voice Supports
Paul Fletcher
Paul Fletcher says the opposition supports the bill because it will make statutory declarations quicker, cheaper and easier to complete.
Read in Hansard ↗ Lead voice Supports
Carol Brown
Carol Brown supports the bill, saying it will modernise Commonwealth statutory declarations and make them simpler, less cumbersome, and more secure.
Read in Hansard ↗ Lead voice Supports
Carina Garland
Garland supports the bill and says it will modernise Commonwealth statutory declarations by making remote, electronic and digitally verified execution permanent.
Read in Hansard ↗All speeches by bloc
Labor
6 speakers · 8 contributions · 6 support
Labor
6 speakers · 8 contributions · 6 support
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Mark Dreyfus ★ 2 contributions Mark Dreyfus supports the bill, saying it will modernise Commonwealth statutory declarations by allowing secure electronic and digital execution.
Hansard records 2 separate contributions by Mark Dreyfus, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Mark Dreyfus supports the bill, saying it will modernise Commonwealth statutory declarations by allowing secure electronic and digital execution. He argues it will save time and money, improve access, and keep strong safeguards for privacy, identity verification, and fraud control.
“This bill responds to this feedback by introducing a digital verification method for making a Commonwealth statutory declaration.”
Read this contribution in Hansard ↗Second reading speech
Dreyfus supports the bill and says it will modernise statutory declarations by allowing paper, electronic and fully digital execution. He argues it will save time and money, improve access for people in regional and remote areas, and make government services simpler and more secure.
“This bill is a productivity win for individuals, businesses and government service delivery. It is estimated there will be over $156 million per annum in time and cost savings across the economy as a result of these reforms. In addition to the cost savings expected from the reform through providing more accessible ways of making statutory declarations, the bill will benefit those who face barriers engaging with paper based processes, such as those in rural, remote or regional parts of Australia.”
Read this contribution in Hansard ↗ -
Carol Brown ★ 2 contributions Carol Brown supports the bill, saying it will modernise Commonwealth statutory declarations and make them simpler, less cumbersome, and more secure.
Hansard records 2 separate contributions by Carol Brown, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Carol Brown supports the bill, saying it will modernise Commonwealth statutory declarations and make them simpler, less cumbersome, and more secure. She argues it will save time and money while still keeping paper and other options available for people who cannot or do not want to use digital methods.
“This Bill will provide the framework for a stand-alone digital statutory declaration execution service that will leverage established Australian Government digital infrastructure to allow Australians to safely and securely make a statutory declaration end-to-end online.”
Read this contribution in Hansard ↗Second reading speech
Carol Brown supports the bill, saying it will make statutory declarations easier and more secure by allowing paper, electronic and digitally verified execution. She argues it will improve productivity, save time and money, and help people who face barriers with paper-based processes, especially in regional and remote Australia.
“This bill is a productivity win for individuals, for businesses and for government service delivery. It is estimated there will be over $156 million per annum in time and cost savings across the economy as a result of these reforms.”
Read this contribution in Hansard ↗ -
Carina Garland ★ Garland supports the bill and says it will modernise Commonwealth statutory declarations by making remote, electronic and digitally verified execution permanent.
“This bill will make permanent those temporary measures that were put in place during the earlier parts of the pandemic, allowing a Commonwealth statutory declaration to be witnessed remotely, via video link, and signed electronically. These measures were introduced to assist individuals who, as a result of the pandemic, were either unable to meet in person to have a statutory declaration witnessed or could not meet in person because of stay-at-home or other restrictions on movement.”
Read the full speech in Hansard ↗ -
Anne Stanley Stanley supports the bill, saying it will modernise statutory declarations by allowing paper, electronic and digital verification options and make the process easier for people in regional areas and those with mobility problems.
“Technological advances should make our lives easier. The bill will achieve that. For some, nothing will change; the status quo remains, but, for others—those in remote and regional areas, for example, or those with mobility problems—this bill will change the way that they are able to fill in stat decs. So I commend the bill to the House as a sensible measure and a further milestone in the digitisation of government services. Maybe, just maybe, our electoral offices will be able to deal with one or two less statutory declaration inquiries.”
Read the full speech in Hansard ↗ -
Andrew Leigh Leigh supports the bill, saying it modernises statutory declarations by allowing electronic and digitally verified processes instead of relying only on paper forms and in-person witnesses.
“This will be an important efficiency gain for businesses, but it also has a crucial equity dimension. I know that is why the Attorney-General has championed it so strongly. We frequently find that people who want to get a statutory declaration witnessed have to pay for that service. Or, if they can find a free service, it's limited in the length of the statutory declaration or limited in the approach that it takes to attachments. So it is the most vulnerable who often find themselves unable to complete the in-person statutory declarations. Thanks to these reforms, those who are unable to pay for in-person witnessing service will have an alternative approach. I commend the Attorney-General for this important efficiency and equity measure to modernise statutory declarations in Australia.”
Read the full speech in Hansard ↗ -
Sally Sitou Sitou supports the bill, saying it preserves the rigour of statutory declarations while making the system more efficient and able to move into a digital, online world.
“However, we've learnt over many, many years that there can sometimes be improvements to the way we have always done things. We can see, as we move into a digital, online world, that statutory declarations ought to move that way as well. It's great to see that we are all moving online in a way that will maintain the rigour of what statutory declarations are designed to do.”
Read the full speech in Hansard ↗
Coalition
2 speakers · 2 support
Coalition
2 speakers · 2 support
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Paul Fletcher ★ Paul Fletcher says the opposition supports the bill because it will make statutory declarations quicker, cheaper and easier to complete.
“I started this debate by reminding this House of the benefits that can flow when digital transformation is done properly. It can make life simpler and safer for Australians when interacting with government, with business and with each other, and it can create a substantial economic prize through better productivity, more growth and new opportunities. This bill before the House makes some contributions towards those objectives. It is sensible, and the opposition supports it. But there is a much bigger prize, and I urge the government to keep its eye on that big prize and do the work that needs to be done.”
Read the full speech in Hansard ↗ -
Dean Smith Dean Smith says the coalition supports the bill because it will permanently allow electronic signing and digital verification of statutory declarations, which he says will save time and money and make it easier for Australians to deal with government.
“We support increasing the ways that allow Australians to properly execute statutory declarations. This is because statutory declarations are often used when dealing with government departments and agencies. We want to make it easier for Australians to engage with government agencies. Allowing digitally verified execution will help streamline the process for Australians who need to engage with those government agencies.”
Read the full speech in Hansard ↗
Record
Full record
- Act title
- Statutory Declarations Amendment Act 2023
- Act number
- Act No. 92, 2023
- Became law
- 17 Nov 2023
- Takes effect
- The whole of this Act 01 Jan 2024
- Registered
- 21 Nov 2023
- Administered by
- Attorney-General's Department
- Final law metadata was collected from the APH progress table; commencement rows were parsed from the bill text.
- Status
- Act -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 07 Sept 2023
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 07 Sept 2023
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 12 Sept 2023
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 12 Sept 2023
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
- 12 Sept 2023
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 13 Sept 2023
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
- 13 Sept 2023
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 13 Sept 2023
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 14 Sept 2023
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 14 Sept 2023
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 09 Nov 2023
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 09 Nov 2023
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 09 Nov 2023
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 09 Nov 2023
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
- 17 Nov 2023
Assent · Assent
Assent
The Governor-General gave Royal AssentThe step where the Governor-General approves a bill and it becomes an Act., turning the bill into an Act.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (18/10/2023)
Referred to committee
Referred to Committee (7 Sept 2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (18 Oct 2023)
APH bill page notes