Statutory Declaration req!!

[cintai]

Hi All,

I had sent my Application to ACS and received a mail from the assessment officer asking for more documents (Employer references). I had explained her that I will not be able to get reference letters on Company Letter head. She had replied as below:

In this case you should provide a
Statutory Declaration (Affidavit) claiming the reasons why you cannot provide a
reference and explaining in complete detail what you did in this position.

*
This must be supported by HR Style
references, recommendations from colleagues (with business cards attached), job
contracts, pay slips and other relevant information that demonstrates
employment.
*
Please note the assessor is under
no obligation to accept this and you submit this at your own risk. Please note
there are heavy consequences for those who submit a fraudulent statutory
declaration.
*
A statutory declaration is a
statement made in writing and sworn before a person who has authority to
administer it eg a solicitor. Therefore we*require you to make a statement
in which you state the details of your employment history providing such
information*as your role*within the company, the duration for which
the role was held, whether employment was part time or full time along with
demonstrated levels of competence with any computer languages, the various types
of hardware and software used and the extent of involvement with any major
projects.
*
It is not required that you
approach any of your former employers to make this statement.

*
If you require further
information, please visit the following link:
*
Statutory declarations
*
Please do not forget that if you
are going to provide a Statutory Declaration in place of an employer reference,
you must also include any two of the following:
*
1. Reference from
ex-colleague/manager
*
2. Employment
offer/contract
*
3. Payslips
*
4. Letter of
Appreciation/award

I can get references from my Ex-colleagues but then I am not very clear on Statutory Declaration. Is it something I should get signed by any legal authority?? Does any one have a sample one which you can share!!

Cheers,
Cintai

[anj1976]

hi cintai

dont stress out urself.. stat dec is simple, search the forum for it and you will get a lot of info.

you take a print of it on stamp paper and take it to the notary to get it signed/attested. Thats how we did.

I am sorry, if i had the format, would have given u the same. Lemme dig, maybe I find something

[cintai]

Hi Anj,

Well is it only tht then it is going to be an easy task....Pls do share if you get any sample.
So I should get a print on a Stamp paper get is signed by the notary and take a photocopy of it and again get it attested by the same notary and send it to ACS. Am I ryt?? Or should I be sending the original itself.

Cheers,
Cintai

[anj1976]

u send the priginal and keep a copy for furthr reference
am loking for a sampl, will post if i do manage

[cintai]

ok Anj. Thanks again!!

[cintai]

hi Anj,

Any luck on sample Statutory Declaration. I did a deep search and dint find any Indian format...


This is the only format I was able to get!! Should I go ahead with this?? It says as "Commonwealth of Australia" everthing related to Australia and nothing to do with Indian Law...Should I be typing this in Stamp paper and getting it signed by Notary?? Pls help I am stuck!!


Commonwealth of Australia
STATUTORY DECLARATION
Statutory Declarations Act 1959
1 Insert the name,
address and
occupation of
person making
the declaration
I,1
make the following declaration under the Statutory Declarations Act 1959:
2 Set out matter
declared to in
numbered
paragraphs
2
I

[anj1976]

there is no such format for India, i mean there is no official format for India, so u dont mention the act, just make the declaration on a stamp paper and get it attested.. i couldnt find one but in every point i remember it was mentioned, i hereby declare
1.
2.

etc etc

use the foamrt as u mentioned in ur post.. it would make sense, incase they are not satisfied, they will ask fr more..

[aussieland]

Originally Posted by anj1976

there is no such format for India, i mean there is no official format for India, so u dont mention the act, just make the declaration on a stamp paper and get it attested.. i couldnt find one but in every point i remember it was mentioned, i hereby declare
1.
2.

etc etc

use the foamrt as u mentioned in ur post.. it would make sense, incase they are not satisfied, they will ask fr more..

This is the from one of the earlier post the format of stat dec...


Commonwealth of Australia
STATUTORY DECLARATION
Statutory Declarations Act 1959

1 Insert the name, address and occupation of person making the declaration
I,. ritui,1,South Main street,xxxxxxx.613009.


make the following declaration under the Statutory Declarations Act 1959:

2 Set out matter declared to in numbered paragraphs

2


I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

3 Signature of person making the declaration 3


4 Place
5 Day
6 Month and year Declared at 4 on 5 20th of 6 May,2009

Before me,

7 Signature of person before whom the declaration is made (see over)
7


8 Full name, qualification and address of person before whom the declaration is made (in printed letters) 8




Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959.
Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 — see section 5A of the Statutory Declarations Act 1959.
A statutory declaration under the Statutory Declarations Act 1959 may be made before–
(1) a person who is currently licensed or registered under a law to practise in one of the following occupations:
Chiropractor Dentist Legal practitioner
Medical practitioner Nurse Optometrist
Patent attorney Pharmacist Physiotherapist
Psychologist Trade marks attorney Veterinary surgeon
(2) a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or
(3) a person who is in the following list:
Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)
Bailiff
Bank officer with 5 or more continuous years of service
Building society officer with 5 or more years of continuous service
Chief executive officer of a Commonwealth court
Clerk of a court
Commissioner for Affidavits
Commissioner for Declarations
Credit union officer with 5 or more years of continuous service
Employee of the Australian Trade Commission who is:
(a) in a country or place outside Australia; and
(b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and
(c) exercising his or her function in that place
Employee of the Commonwealth who is:
(a) in a country or place outside Australia; and
(b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and
(c) exercising his or her function in that place
Fellow of the National Tax Accountants’ Association
Finance company officer with 5 or more years of continuous service
Holder of a statutory office not specified in another item in this list
Judge of a court
Justice of the Peace
Magistrate
Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
Master of a court
Member of Chartered Secretaries Australia
Member of Engineers Australia, other than at the grade of student
Member of the Association of Taxation and Management Accountants
Member of the Australasian Institute of Mining and Metallurgy
Member of the Australian Defence Force who is:
(a) an officer; or
(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or
(c) a warrant officer within the meaning of that Act
Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants
Member of:
(a) the Parliament of the Commonwealth; or
(b) the Parliament of a State; or
(c) a Territory legislature; or
(d) a local government authority of a State or Territory
Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
Notary public
Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
Permanent employee of:
(a) the Commonwealth or a Commonwealth authority; or
(b) a State or Territory or a State or Territory authority; or
(c) a local government authority;
with 5 or more years of continuous service who is not specified in another item in this list
Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made
Police officer
Registrar, or Deputy Registrar, of a court
Senior Executive Service employee of:
(a) the Commonwealth or a Commonwealth authority; or
(b) a State or Territory or a State or Territory authority
Sheriff
Sheriff’s officer
Teacher employed on a full-time basis at a school or tertiary education institution






The link for the same is Statutory Declaration for Previous Employments

[anj1976]

thanks pankaj, i knew this was discussed but cud not remember when n where

[cintai]

Thanks Pankaj. I had gone thru this format...but as I read in our forum, the statutory declaration form will be specific to country. What you have posted here is the one for Australia or common for all was my doubt. Becoz it says about Act stuff!!!