Guide

Medical Certificate vs Statutory Declaration, What's the Difference?

Both are accepted as evidence of personal leave under the Fair Work Act, but they are different documents with distinct uses.

5 min readMedically reviewedAustralia-wide
Man at a desk comparing two blank documents, weighing a medical certificate against a statutory declaration.
A medical certificate and a statutory declaration are different forms of evidence. A medical certificate is issued by a health practitioner after an assessment, while a statutory declaration is a formal statement you declare to be true. Which document is appropriate depends on your circumstances and the evidence requirements of your employer or organisation.

What Each Document Is

FeatureMedical CertificateStatutory Declaration
Who issues it AHPRA-registered GP after clinical assessment You, witnessed by an authorised person (JP, lawyer, pharmacist)
Clinical assessment required? Yes, genuine GP consultation No, your own written statement
Cost From 9.99 (OMC Health) Free to download or minimal witnessing fee
Accepted by the Fair Work Act? Yes, the primary form of evidence Yes, explicit alternative under s.107
Employer confidence level High Lower, not independently verified
University acceptance? Yes, standard requirement Varies, some accept, some require GP cert
WorkCover acceptance? Yes, primary requirement No, WorkCover requires a medical practitioner's certificate

When to Use a Statutory Declaration

A statutory declaration is a practical option when a GP consultation genuinely wasn't accessible, for example, a very short illness on a day when no telehealth or clinic was available, or in a remote area with no services. It is also commonly used for single-day absences where the illness was genuine but brief, and accessing a GP would have been disproportionate to the duration of the illness.

When stat decs are NOT appropriate

A statutory declaration should not be used as a routine substitute for a medical certificate. Using a stat dec when you could have easily accessed a GP, including via OMC Health's 7-day telehealth service, may be questioned by employers as insufficient evidence, particularly if there is a history of absences.

When to Use a Medical Certificate

A medical certificate is always the stronger form of evidence and should be used when: the illness lasted more than one day, the absence involves significant leave, your employer's policy requires a certificate, you are applying for university special consideration, you need a WorkCover certificate, or you want the strongest possible documentation for your records.

Can Your Employer Refuse a Statutory Declaration?

This is a contested area. The Fair Work Act explicitly allows a statutory declaration as 'reasonable evidence'. However, some enterprise agreements and employment contracts specify that only a medical certificate will be accepted. Check your specific agreement. If an employer refuses a stat dec when there is no contractual requirement for a certificate, seek advice from the Fair Work Ombudsman.

Who Can Witness a Statutory Declaration?

In Australia, a statutory declaration must be witnessed by an authorised person. This includes: a Justice of the Peace (JP), a lawyer or legal practitioner, a notary public, a police officer, a bank manager or officer, a pharmacist, a medical practitioner, a dentist, a veterinary surgeon, or a court registrar. The full list varies slightly by state; check your state's specific requirements.

Get Started, Book a Consultation Today

If you need a medical certificate, OMC Health connects you with an AHPRA-registered GP for a real-time phone consultation. If the GP determines a certificate is clinically appropriate, it is issued and emailed the same day. From 9.99. Full refund if not approved.

Frequently asked questions