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.

What Each Document Is
| Feature | Medical Certificate | Statutory 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
A medical certificate is issued by an AHPRA-registered GP after a clinical assessment. A statutory declaration is a written statement you make yourself, witnessed by an authorised person. Both are accepted under the Fair Work Act 2009 as evidence of personal leave, but a medical certificate carries more weight and is required for WorkCover and university applications.
Yes, the Fair Work Act 2009 allows a statutory declaration to be used as reasonable evidence of personal leave. However, check your enterprise agreement or employment contract, as some workplaces specifically require a medical certificate. A stat dec is most appropriate for very short absences when a GP couldn't be accessed.
It varies by institution. Many Australian universities prefer or require a medical certificate from an AHPRA-registered GP for special consideration applications. Check your institution's current policy before submitting a stat dec.
If your enterprise agreement or employment contract does not require a medical certificate specifically, an employer cannot unreasonably refuse a statutory declaration under the Fair Work Act. If there is a dispute, contact the Fair Work Ombudsman.
Use a medical certificate for absences of more than one day, WorkCover claims, university special consideration, when your employer's policy requires it, and when you want the strongest possible documentation. OMC Health provides same-day medical certificates via AHPRA-registered GP consultation from 9.99.


