Statutory Declaration for Kinship Care in South Australia

Why You Need a Statutory Declaration

A statutory declaration is one form of evidence informal kinship carers can use in South Australia. It is a written statement witnessed under the Oaths Act 1936 (SA); making a false statutory declaration is a criminal offence. It can help show that a child lives with you and that you provide care, but it does not itself establish guardianship or give you general parental authority.

You will use it — or a fresh copy adapted to each agency's needs — at almost every administrative touchpoint in the first months of kinship care.

What to Include

A kinship care statutory declaration should cover:

Your identity and relationship to the child — your full name, address and relationship (grandparent, aunt, uncle, older sibling, family friend). Include the child's full name and date of birth.

When the child came into your care — the date or approximate date the child began living with you.

The reason for the arrangement — you do not need painful detail. A statement like "the child's parent is unable to provide day-to-day care due to personal circumstances" can explain the arrangement; answer the specific questions on each agency's form. Schools and Centrelink are not asking you to testify against your own family.

The nature of your care — that you provide full-time primary care, including housing, meals, school transport, medical appointments and daily supervision.

The parent's involvement — whether the parent has regular contact, occasional contact or no contact. If the parent is absent or their whereabouts are unknown, state that.

That no court order exists — confirm that the arrangement is informal and not governed by a Youth Court guardianship order, a DCP placement or a Family Court parenting order (unless one of those does exist, in which case reference the order).

Who Can Witness It

In South Australia, a statutory declaration must be witnessed by an authorised person. Common options include:

• A justice of the peace (JP)
• A police officer
• A court registrar
• A bank manager
• A medical practitioner
• An accountant

Many SA public libraries and Services Australia offices can direct you to a free JP service. You will need to bring photo identification and sign the declaration in front of the witness — they cannot witness a pre-signed document.

Where You Will Use It

Centrelink — when claiming Family Tax Benefit, ACCS (Grandparent) or other non-parent carer payments. Centrelink can consider a statutory declaration as evidence of care when court orders do not exist; it may also ask for other documents.

Schools — when requesting enrolment without a parenting order. A school may consider the declaration and other care evidence; the principal decides case by case. If accepted, it can let the school deal directly with you about education matters, but it does not give you guardianship or custody.

Medical providers — explaining the care arrangement. Whether you can consent depends on the child's age and your legal role; the declaration itself does not give medical-consent authority.

Medicare — when applying to copy or transfer the child to your Medicare card using Form MS011. Services Australia may require parent or guardian authorisation or supporting evidence and assesses each application.

Keeping It Current

A statutory declaration does not expire, but agencies may ask for a fresh one if circumstances change — for example, if the care arrangement has been in place for over a year and the original declaration was dated at the start. Keep the original and make copies. Some carers maintain a small folder with the declaration, secondary evidence and a list of key contacts that they can take to any appointment.

Getting It Right the First Time

A poorly worded statutory declaration — one that is vague about care dates, omits the child's details, or overreaches into legal claims about custody — can delay a Centrelink claim or create confusion at a school office. The SA kinship carer guide includes guidance on structuring your declaration for maximum clarity across every agency that will read it, plus the full evidence checklist each institution expects alongside it.

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