Bicycle Network: Behaviour
Reporting: Statutory declarations
Reporting incidents to the authorities is the duty of all bike riding citizens. A valid 'Stat Dec' can ensure that the authorities follow through and that matters don't fall between the cracks.
A Statutory Declaration can get action
If an incident has taken place that is serious enough to warrant action by the authorities, then making a Statutory declaration can be a powerful lever to get legal processes moving.
Signing a 'stat dec' is a serious matter. That is why they work. If you make a false statement you can be charged with perjury. If two people sign a stat dec - in effect acting as witnesses, that has additional weight.
From the Victoria Police page on Statutory Declarations:
Release date: Fri 13 May 2005
Last updated: Mon 18 July 2005
A statutory declaration is a statement or declaration which is sworn or affirmed (depending on religious beliefs) to be true by the deponent (person making the declaration) in the presence of an authorised witness with the consequence that the deponent is subject to the penalties of perjury if that statement of declaration is proved to be false.
(1) A Statutory Declaration must -
* contain an acknowledgement that it is true and correct and is made in the belief that a person making a false declaration is liable to the penalties of perjury; and
* be signed by the person making it in the presence of a person who is authorised under section 107A(1) to witness the signing of a Statutory Declaration
(2) A person who makes a declaration which the person knows to be false is liable to the penalties of perjury.
List of persons who may witness Statutory Declarations
* A justice of the peace or bail justice
* A notary public
* A barrister and solicitor of the Supreme Court
* A member of the police force
For a full list of persons who may witness a Statutory Declaration please visit www.justice.vic.gov.au