Statutory Declaration for Grandparent Carers in WA: What to Write and How to Use It

If you're raising a grandchild without a court order in Western Australia, a statutory declaration can help document the care arrangement for Centrelink, a school, a GP, or Medicare. Each agency may ask for other evidence or its own form.

What a Statutory Declaration Does

A statutory declaration is a written statement of fact made in the form required by law and declared in front of an authorised witness. Under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA), knowingly making a false declaration in a material particular is an offence.

For informal kinship carers, a stat dec serves as evidence that:

• The child lives with you full-time
• You provide their day-to-day care
• There are reasons the biological parents are not providing care
• The arrangement began on a specific date

Agencies may require their own forms or additional evidence, so check before relying on a general statutory declaration.

What to Include

A strong statutory declaration covers:

1. Your full name and address
2. The child's full name and date of birth
3. Your relationship to the child (grandmother, grandfather, step-grandparent)
4. When the child came into your care — the specific date matters for Centrelink backdating
5. The circumstances — you don't need to go into painful detail, but a sentence explaining why the parents can't provide care (e.g., "due to the mother's health issues" or "following a family crisis") gives context
6. That you provide full-time primary care — housing, feeding, clothing, school transport, medical appointments
7. That no court order or Department of Communities placement exists

Keep it factual and specific. Dates, names, and concrete details carry more weight than emotional language.

Getting It Witnessed

A WA statutory declaration must be made in the prescribed form in the presence of an authorised witness. Examples include a Justice of the Peace, police officer, nurse, or teacher; the WA Department of Justice publishes the full Schedule 2 list of authorised witnesses. Use its JP directory to find a JP.

You sign and declare it in the authorised witness's presence, and the witness signs as well. Check with your chosen witness in advance whether a fee applies.

Where You'll Use It

Centrelink — to support your change of care claim and FTB application. Submit it with your claim as proof of primary carer status. It's strongest when paired with a school letter and GP confirmation.

Schools — use the Department of Education's Informal Carer Declaration, available from the school or Department. Ask the school whether it will accept a general statutory declaration as additional evidence; the declaration itself does not give you parental responsibility.

Medical providers — give a copy to the GP practice to put on the child's file. It documents the care arrangement and may help the practice assess routine consent; the declaration itself does not give you parental responsibility.

Medicare — if you are asking to copy or transfer the child to your Medicare card, follow Form MS011 and Services Australia's proof-of-care requirements; a statutory declaration may not be enough on its own.

A Stat Dec Is Not a Court Order

A statutory declaration establishes the facts of your care arrangement, but it doesn't give you legal parental responsibility. Informal carers may be able to consent to routine medical care and use the Department's form for day-to-day school decisions, but they generally cannot consent to non-emergency surgery or major medical procedures without parental consent or formal legal authority.

If you need full legal authority, that requires a parenting order through the Family Court of WA or a Special Guardianship Order through the Children's Court. Legal Aid WA (1300 650 579) provides free advice on whether you need one.

For a complete walkthrough of the informal care evidence process and every WA payment, the WA Kinship Carer Support Guide covers the lot.

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