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Using a statutory declaration for sick leave
Medically reviewed by Dr. Nelson Lau, MBBS FRACGP. Last updated & reviewed on 1 Oct 2026. What is a statutory declaration?
A statutory declaration is a written statement that confirms your statement is true. It must be signed before an authorised witness. It is a legal document, and providing false information in a statutory declaration is a criminal offence under Australian law. A stat dec can be evidence supporting sick/carer’s leave, but “evidence of fitness” could imply the person is declaring that they are fit for work.
Should I use a stat dec or a medical certificate?
Both are valid forms of evidence under the Fair Work Act, and neither is legally “better” than the other. The law only requires evidence that would satisfy a reasonable person. That said, there are a few practical things worth weighing:
A statutory declaration is your own signed statement, witnessed by an authorised person. It doesn’t involve an independent clinical assessment of your condition. A medical certificate, by contrast, is issued by a registered practitioner who has assessed you. So it carries an independent, professional confirmation that a stat dec doesn’t.
Some workplaces specifically require a medical certificate for certain absences, such as longer periods of leave or leave around a public holiday. Check your employment contract, award, or workplace policy, since a stat dec may not satisfy those specific requirements even though it’s valid under the Fair Work Act generally.
If you’re able to see a practitioner, including via telehealth, a medical certificate is generally the more straightforward choice. It’s independently issued and widely recognised, without needing you to find an authorised witness. A statutory declaration remains a genuine, legal option when you can’t access a practitioner in time.
Note that if you are attending a routine clinic visit rather than taking time off for an illness, check the rules for using sick leave for medical appointments.
| Factor | Stat dec | Medical certificate |
|---|---|---|
| Who assesses your condition | No one, it’s your own signed statement. | A registered practitioner independently confirms you were unfit for work. |
| Witness requirement | Needs an authorised witness (unless done digitally via myGov). | No witness is needed. An Ahpra-registered practitioner issuing the certificate provides the verification. |
| How some employers may treat it | May be questioned more readily if a workplace policy specifically calls for a medical certificate. | Generally the document employers are most used to seeing and accepting without further question. |
| Legal consequence of inaccuracy | A false statement is a criminal offence under the Statutory Declarations Act. | A certificate is the practitioner’s professional record, not your own sworn statement — the legal exposure sits differently. |
| When it’s actually the right choice | When you genuinely can’t access a practitioner in time. | When you can access one — since it removes any question about whether your evidence meets your specific workplace’s requirements. |
Fair Work rules: Stat Decs vs. medical certificates
Under the National Employment Standards (NES), employers can ask for proof when you take sick or carer’s leave. The law doesn’t specify one type of document. It only says the evidence must convince a reasonable person that your leave was genuine. Medical certificates and statutory declarations are examples of evidence that may be provided. The evidence must satisfy a reasonable person that you were genuinely entitled to the leave.
The “Reasonable Person” test
The Fair Work Act doesn’t specify the exact type of evidence you must provide for sick leave. It simply requires evidence that would satisfy a reasonable person that you were entitled to sick leave.
The type of evidence required can depend on the circumstances. A statutory declaration may be acceptable if it provides enough information to convince a reasonable person that you were genuinely entitled to sick leave.
Can an employer refuse a stat dec?
An employer may ask for evidence that would satisfy a reasonable person that you were genuinely entitled to sick or carer’s leave. The evidence requirements may also depend on your employment contract, enterprise agreement, award or workplace policy. For example, your workplace may have specific rules about the type of evidence required for certain absences, such as longer periods of leave or leave taken before or after a public holiday.
Check out your employment arrangements to understand what evidence you may need to provide. If your workplace requires a medical certificate or other specific evidence in certain circumstances, you may need to provide it.
Read our ultimate guide to Sick Leave.
How to write a stat dec for sick leave
Finding a statutory declaration form or template
You can download the standard Commonwealth statutory declaration directly from the Attorney-General’s Department website, or complete one digitally through myGov using your Digital ID. Both versions are legally valid; you just need to choose the one that suits your situation.
What to write as the reason
Who can witness a stat dec?
If you’re completing a paper or electronic form (rather than the myGov digital option), it needs to be witnessed by an approved person. Common authorised witnesses include:
- Justices of the Peace (JPs)
- Police officers
- Registered health practitioners, including pharmacists
- Bank officer with 5 or more years of continuous service
- Legal practitioners and notaries public
A full list of authorised witnesses is available on the Attorney-General’s Department website. You can also create a digital Commonwealth statutory declaration through myGov. In that case, your identity is verified using your Digital ID, so you don’t need a witness.
The problem with stat decs when you’re actually sick
In reality, if you wake up with severe gastro, a bad migraine, or the flu, you may not want to fill out paperwork or find an authorised witness. Depending on your circumstances, a statutory declaration may be one option for providing evidence for sick leave.
If your symptoms are serious, such as chest pain, difficulty breathing, a very high fever, or being unable to keep fluids down, seek urgent medical care. Call 000 in an emergency.
If you need to speak with a medical practitioner, Hola Health provides access to online consultations with AHPRA-registered practitioners. Following a clinical assessment, a medical certificate may be provided if clinically appropriate. Private fees apply for medical certificate consultations.
Telehealth can be a convenient option when you are unwell and cannot easily access in-person care. However, it may not be suitable for every health concern, and some symptoms may require an in-person assessment or other medical care.
FAQ
1. Can I use a stat dec for a mental health day?
Yes, a statutory declaration may be used as evidence for taking a mental health day for stress or burnout, provided the evidence satisfies a reasonable person that you were genuinely entitled to the leave.
2. Can a pharmacist write a sick note instead of a stat dec?
3. Is it illegal to lie on a statutory declaration for work?
4. Can my boss force me to get a medical certificate instead of a stat dec?
5. Does a stat dec cover carer's leave?
Reference links:
- Notice and medical certificates – reference link
- Statutory Declarations Act 1959 – reference link
- Sick and carer’s leave – reference link
- Statutory Declarations – reference link
- Digital Commonwealth Statutory Declaration – reference link
Disclaimer: This article is for general information only and isn’t a substitute for individual medical or legal advice.