ACS How to get Statutory Declaration or Affidavit?

sjamil

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From ACS Skill Assessment Guidelines, I have come to know that if I am unable to obtain the employment reference letter on a company letterhead from my employer, a third party official Statutory Declaration or Affidavit written by a work colleague may be considered.

Can anyone please give me step-by-step guidance on how to do it in details? A sample would be great if you can provide one please.

Let me quote some points from this guidelines which I didn't understand.

  • "A Statutory Declaration or Affidavit is a legally written statement declared to be true in the presence of an authorized witness and signed, for example - a Notary Public." -- How many parties are involved in this process? Three? : Supervisor, Witness and Notary Public (for attesting)?
  • "All Statutory Declarations or Affidavits must be clearly signed by an authorized witness. The document must state that it was Sworn Before, Signed Before or Witnessed Before the authorized witness by the referee and signed by the authorized witness, with the date and place in which the declaration was made." -- So the declarations will be written and signed by my Supervisor and then it also has to be signed by an witness and then I have to attest the documents by Notary Public? Also I didn't understand the phrase "worn Before, Signed Before or Witnessed Before" - where to write, how to write?
  • "Stamp and signature of Notary Public doesn’t state that the referee’s signature is witnessed" - in point 1 they have set Notary Public as witness and now in this point they are not! Please clarify.
I have understand only the below points:
  • Declaration has to be by someone who is/was my manager and must be senior.
  • No supplementary docs needed from my referee (supervisor). Only my payslips/service certificate will be enough.


I have found the guidelines very complex. Can anyone please help. Please note that my current employer is the first one and I am still continuing.

Thanks in advance.
 

MysticRiver

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Declaration has to be by someone who is/was my manager and must be senior.
The declaration must be from someone who was not your junior. A colleague on the same level is acceptable but a supervisor is recommended.

No supplementary docs needed from my referee (supervisor). Only my payslips/service certificate will be enough.
Correct.

How many parties are involved in this process? Three? : Supervisor, Witness and Notary Public (for attesting)?
I guess the Notary Public can be the witness.

So the declarations will be written and signed by my Supervisor and then it also has to be signed by an witness and then I have to attest the documents by Notary Public? Also I didn't understand the phrase "worn Before, Signed Before or Witnessed Before" - where to write, how to write?
The person who certifies the letter (e.g. a notary public) can be the witness, don't think you need a third person.

"Stamp and signature of Notary Public doesn’t state that the referee’s signature is witnessed" - in point 1 they have set Notary Public as witness and now in this point they are not! Please clarify.
It means the notary public needs to mention that he has witnessed the referee signed the letter (i.e. signed in front of him).
 

sjamil

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I guess the Notary Public can be the witness.

The person who certifies the letter (e.g. a notary public) can be the witness, don't think you need a third person.

It means the notary public needs to mention that he has witnessed the referee signed the letter (i.e. signed in front of him).

Thanks for your comment. I am applying from outside Australia.
-- In this case, from this sample I can only get it signed by Notary as Witness by giving details in point 4 and 5, right?
-- For point 3 "Declared at (place)" it can be any place or any particular place?
-- Also for point 3 what does it mean by "before me (in the presence of)"?
 

MysticRiver

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Thanks for your comment. I am applying from outside Australia.
-- In this case, from this sample I can only get it signed by Notary as Witness by giving details in point 4 and 5, right?
-- For point 3 "Declared at (place)" it can be any place or any particular place?
-- Also for point 3 what does it mean by "before me (in the presence of)"?
I believe so. Never I have seen they mentioned that the notary and the witness must be different persons. But I am not a lawyer though.

Another question:

My manager agrees to provide the letter but the thing is that he has joined later than me. Will it be a problem? He is senior in profession by years but not in the current company.
Most likely it should be alright. This is your official experience letter and it is totally logical that you get it from your current manager. I can hardly of a company where you will have the same manager for many years.
 

mohsinciddiki

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Can this declaration be obtained on plain paper, signed and stamped by a notary? Or
Do we need it on stamp paper?

I am applying outside Australia
Plain paper is accepted
 
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ew questions I have.

1. Do I need to submit all COE/Reference Letter from ALL my previous jobs? or just the past 10 years? (basing from PR points).
2. Is there a minimum # of months stay in a company? I have a COE though the company only lasted for around 2 months. Will ACS count this?
2. Do you have any format for "Statutory Declaration"? I need one for 2 company. Please send. I found the sample in the ACS guidelines but it is too short and don't know if that is the only content needed.
‘I can confirm that (applicant name) carried out the duties and role specified in this document at (company name) as I was their (supervisor, colleague, manager etc.) who interacted with them and witnessed their work on a regular basis throughout their employment. ‘
I also found this https://www.justice.vic.gov.au/site...2/b2/8557cf224/statutory-declaration-form.DOC just not sure if this is the right one.
3. Can the Statutory Declaration be CTC'd in the Philippines?

Please send me more information on this.
I appreciate any answer you will provide.

Thanks
 

mohsinciddiki

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Do I need to submit all COE/Reference Letter from ALL my previous jobs? or just the past 10 years? (basing from PR points).
Only those for which you are claiming points
Will ACS count this?
Yes if it isr elevant
Do you have any format for "Statutory Declaration"? I need one for 2 company. Please send. I found the sample in the ACS guidelines but it is too short and don't know if that is the only content needed
There is no specific format. Just check ACS guidelines what information is required and use any local notary format in your country
THis is I believe for local Australian SD requirement
What is this?
 
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mohsinciddiki

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Hi there,

i have an inquiry about a Statutory Declaration. How can i put in the below on my SD?
"Needs to clearly state it was “Sworn Before” or “Signed Before” or “Witnesses Before” the authorised witness by the referee, signed by the authorised witness and include the date and place the declaration was witnessed. "
You need to mention a witness in your SD. Just add the words "signed before" below the name and signature of the witness

e.g.


Mr. ABC + Signature
_______________
Signed Before
 
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You need to mention a witness in your SD. Just add the words "signed before" below the name and signature of the witness

e.g.


Mr. ABC + Signature
_______________
Signed Before

thanks for the quick reply! Sorry one last question, "Is it necessary to add a letterhead of my previous employer in my SD? or the letterhead of my colleague who are testifying my SD?"
 

mohsinciddiki

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thanks for the quick reply! Sorry one last question, "Is it necessary to add a letterhead of my previous employer in my SD? or the letterhead of my colleague who are testifying my SD?"
No need
 
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Dhruv_10

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thanks for the quick reply! Sorry one last question, "Is it necessary to add a letterhead of my previous employer in my SD? or the letterhead of my colleague who are testifying my SD?"

Hi, I am applying for the Skill Assessment from ACS and the SD that I have contains the words "Before Me" instead of "Sworn Before Me". Can you tell me if that will be accepted by the ACS authorities?
 

mohsinciddiki

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Hi, I am applying for the Skill Assessment from ACS and the SD that I have contains the words "Before Me" instead of "Sworn Before Me". Can you tell me if that will be accepted by the ACS authorities?
Should not be an issue
 
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Prats

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Hello everyone,

I hope you all are being safe from the current situation.

I am planning to apply for ACS skill assessment and as per my employer policy, they will not issue any employment certificate with roles and responsibilities on letterhead. so now I have to get a statutory declaration from a co-worker.

1. For statutory declaration, my manager is ready to do that but my question is should he write a document with my roles and responsibilities on a paper by himself in the format mentioned by ACS and sign the document by himself.
or should that be written in front of another person if so who this person can be (I was thinking about this because of the word "Sworn before")

2. I have 5 years of Exp but, my manager worked with me for the initial 3 years and he left the organization, is that ok if I take a declaration from this person?

Thanks in advance
 

mohsinciddiki

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For statutory declaration, my manager is ready to do that but my question is should he write a document with my roles and responsibilities on a paper by himself in the format mentioned by ACS and sign the document by himself.
or should that be written in front of another person if so who this person can be (I was thinking about this because of the word "Sworn before")
Just make the document by your manager and then notarized it with your local body, he can write his name in place of "sworn before"
I have 5 years of Exp but, my manager worked with me for the initial 3 years and he left the organization, is that ok if I take a declaration from this person?
He will be asked to provide his employment documents which should cover the entire period
 
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Prats

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Just make the document by your manager and then notarized it with your local body, he can write his name in place of "sworn before"
Thanks for the quick reply.
With the lockdown condition in India, I am not sure about the availability of the notary or other authorized people. But I will give it a try today.
He will be asked to provide his employment documents which should cover the entire period.
Does "cover entire period" means my complete experience period?
 

mohsinciddiki

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dnegi619

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Hi all,
I received following comment on my application for VETASSES.


"As this is a mandatory skills assessment requirement, please provide one of the following documents to demonstrate duties undertaken during this employment position:
  1. an updated Statement of Service from your employer, including details of tasks performed
  2. a correctly executed Statutory Declaration or Affidavit, citing duties undertaken
  3. alternative official evidence that states duties performed in this role (such as an official position description or a contract citing duties for this role."
Since because of COVID-19 situation offices are closed so can I sign the document stated in point 2 myself .? Also,I hold Indian citizenship and my office for this role was in India as well but currently I am in Singapore.

Many thanks and regards,
Druv
 
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