Stat dec signatures to go the way of the wax seal after digital approval

After hundreds of years, ink signatures on paper are set to go the way of the wax seal.

Commonwealth statutory declarations will officially join the digital age next year when the federal government changes the centuries-old practice so that declarations can be executed through the myGov app, electronic signatures and video-link witnessing.

Commonwealth statutory declarations will officially join the digital age when the federal government changes the centuries-old practice.Credit: iStock

The statutory declaration – created in the 19th century to improve convenience – has now become cumbersome, said Professor Veronica Taylor, a professor of law and regulation at the Australian National University.

“Historically, they allowed people to create a statement about a set of facts, assert it was true and have it witnessed without having to swear an oath, so it was more available. But somehow we froze that process,” she said.

That irony means Australians spend 9 million hours a year executing and processing more than 3.8 million statutory declarations, signing them in ink and having them attested before a physical witness. The government believes digitising the process will save $156 million a year, thousands of hours, and boost productivity in the private sector.

“The new reform will make it much less burdensome for the ordinary person,” Taylor said.

“There are people below a certain age that have hardly had that experience of signing in ink; most consent and affirmation is done tapping a screen.

“The digital format will become the norm, and we’ll barely remember there was a time we were doing this with wet ink signatures – in the same way we abandoned wax seals a long time ago.”

Electronic signatures and witnessing – where an authorised witness observes a signature through a video call – were first allowed during the COVID-19 pandemic and will now become a permanent practice, under legislation to be introduced by Attorney-General Mark Dreyfus on Thursday.

But from next year statutory declarations can also be executed through the myGov app, where a person’s verified myGov digital ID will replace a human witness.

NSW Justices Association state president Dr John Brodie said he was worried the historical reliability of a “very powerful document” would be watered down.

Three new ways to sign a statutory declaration

1. The traditional way: Using pen and paper, with an authorised in-person witness.
2. Electronic means: Using an electronic signature, or having an authorised witness supervise via a video call.
3. Fully digitised: Through the MyGov app with a verified MyGov Digital ID.

“I have always been concerned about the possibility someone could get access to your electronic signature and apply it, simply because no one can access your wet signature,” he said.

“Of more concern, though, is with the myGov ID. The whole point of the witness is you have to carry out steps to make sure the person knows what they’re signing, and give them a warning of the severe penalties for lying.”

Brodie was particularly worried about coercion in family contexts. “If you take a witness out of the equation, I’m concerned it will devalue a statutory declaration and it becomes another useless document, rather than the strong document it is today after hundreds of years.”

However, Taylor said witnessing was not always very effective. “What’s important is establishing the identity of the person making the declaration, and them understanding there are penalties for a false declaration,” she said.

“Moving to a digital environment gives us the opportunity to design the form better, and provide signposts and advice to people along the way to better ensure they understand.”

Australians will still be able to sign with ink on paper if they choose, and new provisions will be introduced to protect privacy. For example, approved online platforms will have to demonstrate they have robust fraud arrangements, and they will not be allowed to retain copies of statutory declarations.

NSW and Victoria have also changed their laws since the pandemic to permanently allow for electronic signing and witnessing documents in various forms.

Colleen Woolley, a justice of the peace and retired police officer in Victoria, has written a book on the profession. The one thing she said all JPs have in common is “we always carry a stamp and a pen”.

But these days, Woolley often witnesses digital signatures via a video call with both the witness and signatory using a smartphone. Her first online statutory declaration, in 2021, was with a man on his way to China from Cambodia who had misplaced a document he needed and had to get it reissued.

Colleen Woolley (left) and colleague Carol Akers in 1971 as police officers. Woolley has been a justice of the peace for decades.Credit: Archive

“The only other option before this service was for him to get on a flight in Cambodia, come back to Victoria, find someone who could [witness] it, get back on a plane and go back to Cambodia.

“We did it in under 10 minutes online. It really opened our eyes to the possibilities. We’ve been doing it under temporary legislation and to make it permanent is really a no-brainer,” she said.

However, she thinks it will take time for paper and pen to be properly phased out. “There are hundreds of thousands of people a year who still want that physical interaction,” she said.

As for whether she still plans to take her pen and stamp everywhere? “Oh, absolutely.”

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