If an employee can’t access a medical certificate, can a digital statutory declaration be used as evidence for personal leave?
The short answer is yes – but there are some rules employers need to understand.
What is a statutory declaration?
A statutory declaration is a formal written statement declaring that something is true.
In Australia, they are governed by the Statutory Declarations Act 1959 at the Commonwealth level, although each State also has statutory declaration legislation, for example the Oaths Act 1867 (Qld).
It’s important to remember that making a false statutory declaration is a criminal offence and can result in fines or imprisonment.
Employers sometimes accept statutory declarations as reasonable evidence for personal or carer’s leave under the Fair Work Act 2009 when a medical certificate isn’t available.
What is a digital statutory declaration?
Employees can create a digital Commonwealth statutory declaration through myGov using a verified myGovID.
Key features:
- A digital stat dec has the same legal effect as a paper stat dec.
- There is a secure online process with no need for a witness.
- A digital stat dec includes a QR code that employers can scan to verify authenticity instantly.
- They are free to create and can be completed in just a few minutes.
- They can be downloaded, printed, or shared electronically.
This new system is part of the Australian Government’s move to modernise statutory declarations, making them faster, safer and more convenient for both employees and employers.
Can employees use a digital statutory declaration for personal leave?
Yes.
Under the Fair Work Act, employers can request “evidence that would satisfy a reasonable person” to support personal leave. This does not have to be a medical certificate – a statutory declaration, including a digital one, can be enough.
Many workplaces allow this for:
- Short-term illness (e.g. 1–2 days); or
- When a doctor’s appointment is impractical or unnecessary; or
- Caring responsibilities for a sick family member.
Do employers have to accept digital statutory declarations?
Not always.
Employers should have a clear leave evidence policy that sets out:
- When a statutory declaration will be accepted;
- How long an absence can be covered by a stat dec;
- Whether both digital and paper versions are acceptable; and
- Any limits (e.g. no more than a certain number per year).
If your policy doesn’t mention statutory declarations, it’s worth updating it to avoid disputes.
How do employers verify a digital statutory declaration?
Digital stat decs include a QR code.
Employers can:
- Scan the code using a phone or tablet;
- Access the official record through the myGov verification system; and
- Confirm the details match what the employee has provided.
This helps ensure documents are genuine and reduces the risk of forgery.
Risks and legal considerations
Employers should remember:
- False declarations are criminal offences under the Statutory Declarations Act 1959;
- Employees making false claims may also breach workplace policy; and
- Privacy laws apply – store any statutory declarations securely.
How employees create a digital statutory declaration
To create one, an employee will:
- Sign in to their myGov account and link their myGovID (digital identity).
- Select ‘Commonwealth statutory declaration’ from the services list.
- Enter the details of the declaration (for sick or carer’s leave, this might include the dates of absence and the reason).
- Review and sign the stat dec digitally using their myGovID.
- Download the document, which includes a verification QR code.
For detailed instructions, see:
myGov – Create a digital Commonwealth statutory declaration
Employer FAQ
Q: Are digital statutory declarations legally valid?
A: Yes. They have the same legal status as a paper statutory declaration.
Q: Can I require a medical certificate instead?
A: Yes, but your policy should make it clear when a medical certificate is required instead of a stat dec.
Q: What if an employee refuses to provide any evidence for personal leave? A: Under the Fair Work Act 2009, employers can request “evidence that would satisfy a reasonable person” for personal leave. If an employee refuses to provide it, the employer may be entitled to treat the leave as unpaid or take disciplinary action, depending on the circumstances and the organisation’s policy.
Q: How long can a statutory declaration cover?
A: This depends on your policy. Many employers limit it to short absences.
Q: How do I know a digital statutory declaration is genuine?
A: Check the QR code – it links to an official verification page via myGov.
Q: Can we require employees to notify us before using a statutory declaration? A: Yes. Your policy can require employees to notify their manager or HR as soon as practicable and specify when evidence (such as a stat dec) must be submitted – for example, within 24 or 48 hours of returning to work.
Q: Can we set limits on how often employees use statutory declarations? A: Yes. Employers can include limits in their leave evidence policy, such as allowing only a certain number of statutory declarations per year or requiring medical certificates for absences longer than a specified duration, as long as setting such a limit would not breach an Award or Enterprise Agreement that applies to the employment.
Q: Can an employee face consequences for a false statutory declaration? A: Yes. False declarations carry serious legal penalties and may also result in workplace disciplinary action, depending on your policy.
Q: What should we do if we suspect a statutory declaration is false? A: If you have reasonable grounds to believe a declaration is false, investigate in line with your workplace policies. Making a false statutory declaration is a criminal offence, and disciplinary action may also be appropriate under your code of conduct.
Final Thoughts
Digital statutory declarations have modernised how employees provide evidence for sick or carer’s leave. They offer a faster, more flexible, and legally sound alternative to medical certificates – especially when the latter are not necessary or available.
Employers should integrate them into their policies as a legitimate form of evidence while maintaining safeguards against misuse. Clear communication, fair procedure, and verification protocols will help both employers and employees navigate personal leave with confidence and integrity.
