Anne Stanley (Werriwa, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Statutory Declarations Amendment Bill 2023. Electorate offices are busy places—Centrelink, NDIS, immigration and JP inquiries, including stat dec inquiries. Paper has served us very well for a millennia. This is especially the case in vital areas such as the law. But times do change and so must the way that we do business. The last few years of the pandemic have fundamentally changed the world and the way we go about our business. Decades of technological changes were truncated into a few short months as a result of the pandemic. It had to be that way because of necessity. QR codes, home deliveries, online shopping, Zoom meetings, Microsoft teams, banking apps and a raft of other changes sent us into a whirlwind as we dealt with the impact of the pandemic. We learnt to adapt very quickly. In truth, there's no turning back those changes. Change is here, and it will only continue to accelerate and impact our lives.

If the pandemic necessitated change, it also necessitated creativity—that is, we had to apply new ways of thinking about old issues. The completion and execution of statutory declarations was one of these. Traditionally, the declarant and the witness would need to be in the same room for a stat dec to be completed. The pandemic, of course, made this impossible. Currently, the Statutory Declarations Act 1959 only allows the traditional paper based stat decs and, as a temporary COVID measure only, electronic execution of the same. Unfortunately, there's a sunset clause for the electronic execution of stat decs of 31 December 2023, hence this bill.

The premise of the bill is that the declarants, both individuals and businesses, will be given three options to complete their stat dec. Firstly, there is the traditional paper method—that is, if people and businesses so decide, there will be no change whatsoever. Secondly, there will be options to complete the stat dec electronically, allowing electronic signatures and witnessing by audiovisual communication links. Thirdly, and finally, there will be an option for digital verification through the use of an approved platform that verifies the identity of the declarant through an approved digital identity service provider.

It's estimated that businesses and individuals will make more than 3.8 million statutory declarations. Further, it's also estimated that stat decs cost around 850,000 hours in total each and every year, and 2021 research concluded that these measures outlined in this bill could save the economy up to $156 million per annum in time and cost savings.

Technological advances should make our lives easier. The bill will achieve that. For some, nothing will change; the status quo remains, but, for others—those in remote and regional areas, for example, or those with mobility problems—this bill will change the way that they are able to fill in stat decs. So I commend the bill to the House as a sensible measure and a further milestone in the digitisation of government services. Maybe, just maybe, our electoral offices will be able to deal with one or two less statutory declaration inquiries.

Sally Sitou (Reid, Australian Labor Party) Share this | Link to this | Hansard source

I rise to talk about the importance of maintaining rigour in our Statutory Declarations Act while also ensuring that we are able to provide efficiency. That is what we are doing here with the Statutory Declarations Amendment Bill 2023. Statutory declarations have their place, and have always had their place, ensuring that the documents put before us are true and that we have someone who is trusted. Our justices of the peace have done a fantastic job in making sure that that system continues to function.

However, we've learnt over many, many years that there can sometimes be improvements to the way we have always done things. We can see, as we move into a digital, online world, that statutory declarations ought to move that way as well. It's great to see that we are all moving online in a way that will maintain the rigour of what statutory declarations are designed to do.

Carina Garland (Chisholm, Australian Labor Party) Share this | Link to this | Hansard source

As the Attorney-General has already stated, the Statutory Declarations Amendment Bill 2023 may seem unassuming and modest, but, make no mistake, it will have an impact. The purpose of the bill is to establish a framework for the execution of Commonwealth statutory declarations that is fit for purpose. This amendment also better reflects the way that Australian businesses and consumers want to engage and communicate with government and each other: digitally.

On a practical level the bill would achieve this purpose by amending the Statutory Declarations Act 1959 to enable a statutory declaration to be validly made in one of three ways, those being: traditional paper based, requiring wet-ink signatures and in-person witnessing; electronically, through the application of an electronic signature and witnessing via an audiovisual communication link; and digitally verified, through the use of a prescribed online platform that verifies the identity of the declarant through a prescribed digital identity service provider.

Each year Australian small to medium businesses and individuals spend an estimated 900,000 hours executing more than 3.8 million statutory declarations. These documents are used to create reliable statements and attest to events for administrative, civil, commercial and private purposes, whether it be to provide evidence to support an application for sick leave, to accompany an application for child support or other government service, or to provide evidence of fact in administrative proceedings, including those before a dispute resolution body or an administrative tribunal.

Historically these documents have been strictly paper based, requiring ink signatures and in-person witnessing for valid execution. As the Attorney-General has pointed out, following the successful pivot to digital processes in response to the earlier parts of the COVID-19 pandemic, the Australian community, and businesses in particular, expect government to offer innovative digital solutions and pathways that modernise old systems and established processes.

This bill will go some way to meeting those expectations. The three methods of execution will be equally robust, will result in equal validity and will carry the same legal effectiveness as a Commonwealth statutory declaration. The bill also responds to community feedback on the advantages of modernising the execution requirements for these documents and in providing choices relating to how individuals or organisations can initiate these requirements. It's important to note, too, that this bill means that rural, remote and regional parts of Australia, as well as those Australians experiencing low mobility or sensory challenges, will be more able to access the statutory declaration executions and will be of great benefit to those communities.

We know that the traditional barriers faced by people from those groups when seeking to engage with paper based processes can often be really difficult and really frustrating. Quite importantly, members of the community without access to technology or internet connectivity, or those who would prefer not to engage with the electronic or digital options, will not be disadvantaged by this bill. Indeed, there may be many members of the community who'll be pleased to hear that the traditional paper based method of execution will continue to be available.

We know that Commonwealth agencies, individuals and businesses have a reliance on statutory declarations for a number of purposes. As a result of restrictions on movement put in place during the earlier parts of the COVID-19 pandemic, it was difficult to comply with the legislated requirements for in-person execution of Commonwealth statutory declarations. As a result, temporary measures were put in place through the coronavirus economic response package to allow statutory declarations to be signed using electronic means and witnessed by a prescribed person via a facility that enabled audio and visual communication between persons in different places. The amendments also allowed an approved person to sign a copy of the electronic declaration in counterpart, provided the prescribed person was satisfied that it was a true copy of the statutory declaration signed by the declarant. These temporary measures are due to cease on 31 December this year.

The COVID pandemic has demonstrated to us and the world that technology can be used successfully and reliably to facilitate the making of Commonwealth statutory declarations and other kinds of legal documents and communications. This bill will make permanent those temporary measures that were put in place during the earlier parts of the pandemic, allowing a Commonwealth statutory declaration to be witnessed remotely, via video link, and signed electronically. These measures were introduced to assist individuals who, as a result of the pandemic, were either unable to meet in person to have a statutory declaration witnessed or could not meet in person because of stay-at-home or other restrictions on movement. The temporary measures assisted in the continuity of business operations and government services during the worst part of the COVID period without compromising the integrity of the Commonwealth statutory declarations framework.

It's really significant to note, too, that stakeholders have provided feedback and have told us, as a government, that the temporary measures saved time and money and provided convenience and flexibility. This bill will ensure Australians continue to enjoy the benefits of those temporary measures, enabling electronic execution after they expire on 31 December this year. Additionally, the experiences over the earlier part of the pandemic and feedback received show there are particular advantages to modernising the execution requirements and to providing the community with choice in relation to their execution.

If there is a dispute, the bill deals with that as well. The bill also ensures that people will be able to choose a range of options when executing the over 3.8 million statutory declarations made each year by people in Australia, and all will have equal validity. This bill provides a framework for a standalone digital statutory declaration execution service that will leverage established Australian government digital infrastructure to allow Australians to safety and securely make a statutory declaration end to end online.

Consistent with the principle of consent that underpins the Australian government's digital ID system, the bill will also continue to provide options from which Australians can choose, based on their personal circumstances and preferences, including electronic execution and traditional paper based execution. This bill will respond to how Australians want and expect to engage and communicate digitally with government by providing options to make Commonwealth statutory declarations facilitated by technology, and it is an important milestone in driving the digitisation of government services. It will deliver a world-class, modern and secure public service for all Australians and I'm pleased to speak on this today.

Andrew Leigh (Fenner, Australian Labor Party, Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

In my early 20s, as a law student, I decided that I wanted to become a justice of the peace. The process then was that you wrote to your local member of parliament, who, in my case, was the Liberal member for Northcott, Bruce Baird. He was quite happy to support me as a justice of the peace. I did so because I wanted to help out in the community, and I was struck by the number of times I'd encountered people who need a statutory declaration witnessed but were unable to find somebody to do so. Every 10 seconds in Australia a statutory declaration is filled in, amounting to some 3.8 million statutory declarations a year and costing some 900,000 hours. Those statutory declarations might involve evidence in a court proceeding; they might involve issues around child custody.

This significant modernisation ensures that, rather than requiring statutory declarations to be carried out in the traditional paper based form with an in-person witnesses, they can also be carried out in two alternative ways: electronically, by allowing electronic signatures and witnessing by an audiovisual communication link; or digitally verified through the use of an approved online platform that verifies the additional identity of the declarant through an approved identity service.

This will be an important efficiency gain for businesses, but it also has a crucial equity dimension. I know that is why the Attorney-General has championed it so strongly. We frequently find that people who want to get a statutory declaration witnessed have to pay for that service. Or, if they can find a free service, it's limited in the length of the statutory declaration or limited in the approach that it takes to attachments. So it is the most vulnerable who often find themselves unable to complete the in-person statutory declarations. Thanks to these reforms, those who are unable to pay for in-person witnessing service will have an alternative approach. I commend the Attorney-General for this important efficiency and equity measure to modernise statutory declarations in Australia.

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

First, I would like to thank the honourable members for their contributions to the debate on the Statutory Declarations Amendment Bill 2023. Australians spend an estimated nine million hours executing an estimated 3.8 million statutory declarations each and every year. Historically, these documents have been strictly paper based, requiring ink, signatures and in-person witnessing for valid execution.

Not anymore. This bill will provide Australians with options to execute statutory declarations in one of three ways: through traditional paper based execution using ink signatures and in-person witnessing; electronically, by allowing electronic signatures and witnessing via audiovisual communication links; or digitally verified through the use of a prescribed online platform that verifies the identity of the declarant through a prescribed digital identity service provider. The three methods of execution will be equally robust and result in an equally valid and legally effective Commonwealth statutory declaration. The bill also contains a range of safeguard provisions aimed at ensuring the transparency and accountability of the digital services being used to execute statutory declarations online.

This bill is a productivity win for individuals, businesses and government service delivery. It is estimated there will be over $156 million per annum in time and cost savings across the economy as a result of these reforms. In addition to the cost savings expected from the reform through providing more accessible ways of making statutory declarations, the bill will benefit those who face barriers engaging with paper based processes, such as those in rural, remote or regional parts of Australia.

In conclusion, this bill will respond to how Australians want and expect to engage and communicate digitally with government by providing options to make Commonwealth statutory declarations facilitated by technology. This bill will provide the framework for standalone digital statutory declaration and execution that will enable the government to leverage established Australian government digital infrastructure. This will allow Australians to safely and securely make a statutory declaration end-to-end online. In doing so, this bill response to the expectations of Australians when engaging with government service delivery. This bill is an important milestone in driving the digitisation of government services. It will deliver a world-class, simple and secure public service for all Australians.

Andrew Wilkie (Clark, Independent) Share this | Link to this | Hansard source

The original question was that this bill be now read a second time. To this the honourable member for Bradfield has moved as an amendment that all words after 'That' be omitted with a view to substituting other words. The immediate question is that the amendment be agreed to.

Question unresolved.

As it is necessary to resolve this question to enable further questions to be considered in relation to this bill, in accordance with standing order 195 the bill will be returned to the House for further consideration.