Stat Dec or Doctor’s Note?

Everyone gets sick sometimes – but what if you’re ill and can’t see a doctor right away for a medical certificate? Don’t panic. In Australia, you have a few options to justify your sick leave even if you can’t immediately obtain a doctor’s note. This blog will explain the difference between a statutory declaration and a medical certificate, when an employer might accept a stat dec for sick leave, how you can get a medical certificate online (for example, via telehealth services like NextClinic), and why honesty and good communication with your employer are crucial. We’ll also guide you on seeing a GP versus using online telehealth platforms for an online doctor’s certificate, so you know exactly what to do if you’re stuck without a medical certificate.

A sick employee resting at home. If you fall ill and can’t visit a GP immediately, there are other ways to provide evidence for your sick leave.

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Stat Dec vs Medical Certificate: What’s the Difference?

When you’re unable to work due to illness, employers typically ask for evidence – usually a doctor’s certificate or a statutory declaration (stat dec). But what’s the difference between these two? Let’s break it down:

• Medical Certificate (Doctor’s Note): A medical certificate is a document provided by a qualified healthcare professional (like a GP) confirming that you are (or were) unfit for work due to illness or injury on certain dates. It usually includes your name, the date of consultation, the dates you are unfit for work, and the doctor’s details and signature​. It does not need to state your exact diagnosis (your privacy is protected) – just that you couldn’t work for health reasons. Employers commonly require a doctor’s certificate for sick leave, especially for absences longer than a day or two.
• Statutory Declaration (Stat Dec): A stat dec is a legal document in which you write down a statement and declare it to be true in the presence of an authorised witness​. In this context, you would be declaring that you were sick/unfit for work on the specified date(s). A stat dec is governed by law – making a false statement in one is a serious offense (potentially resulting in fines or even jail)​nt.gov.au. Essentially, it’s you swearing that you’re telling the truth about your illness, as an alternative form of evidence when a medical certificate isn’t available. Unlike a doctor’s certificate which is signed by a medical professional, a stat dec is written and signed by you (and witnessed).

Key Differences: A doctor’s certificate is medical evidence issued by a practitioner, whereas a stat dec is a personal legal declaration. Both serve as official proof of your need to take sick leave, and importantly, both are generally accepted as evidence under Australian workplace laws​. The Fair Work Ombudsman explicitly notes that medical certificates or statutory declarations are acceptable forms of evidence for sick leave, as long as they would convince a reasonable person that you were genuinely unable to work​. In practice, that means a well-written stat dec can substitute for a doctor’s note in many cases, especially if obtaining a medical certificate isn’t possible in time.

When Can You Use a Statutory Declaration for Sick Leave?

A statutory declaration can be a lifesaver if you’re ill but unable to get a doctor’s certificate immediately. Australian employment standards recognize stat decs as valid evidence for personal (sick) leave​. Here are some situations when you might use a stat dec for sick leave:

• No Immediate Doctor Available: Perhaps you fell sick over a weekend or public holiday, and clinics are closed. Or you tried to book a GP appointment but couldn’t get one for a couple of days. In the meantime, a stat dec can serve as your proof of illness. For example, the Fair Work Ombudsman shares a case of an employee who got sick on a Monday but couldn’t see a doctor that day – she provided a statutory declaration when she returned to work on Tuesday and it was accepted.
• Remote or Rural Areas: If you live or work in a remote area with limited medical facilities, getting a same-day doctor’s visit might be impractical. Many employers understand this and will accept a stat dec explaining your illness in lieu of a medical certificate, especially for short absences. In fact, employers are often open to stat decs particularly for remote workers with limited access to doctors​.
• Short Illness (1 day off): Some employers don’t require a certificate for a single sick day, but if yours does and you genuinely can’t see a doctor for such a brief illness (like a 24-hour bug), a stat dec is an option. It provides a written record that you were unwell, which can satisfy HR requirements. (Always check your company’s policy – it might say a stat dec is acceptable for one-day absences.)
• Unexpected Emergency: If an emergency or personal situation prevented you from obtaining a medical certificate (for instance, you were too ill to leave home or had to care for yourself without transport), a stat dec can explain the circumstances.

In summary, you can use a stat dec anytime you legitimately were sick/injured and unable to get a doctor’s note in time. Australian law doesn’t prescribe exactly what kind of evidence must be given – only that it must be “reasonable” proof​. A truthful statutory declaration is considered reasonable evidence under the Fair Work Act. Just remember that it’s generally meant to be a backup option – it’s best used when “traditional” documentation (a doctor’s certificate) is hard to obtain quickly​.

Will My Employer Accept a Stat Dec for Sick Leave?

Most likely, yes – if you’ve followed the proper process. Under the Fair Work Act, employers are allowed to ask for evidence for any sick leave (even 1 day off)​, but that evidence can be a medical certificate or a statutory declaration. A stat dec that meets the requirements should be accepted in the eyes of the law. Many employers do routinely accept stat decs, especially if they are aware that it’s a legally valid form of proof​.

That said, workplace practices can vary. Here are a few tips to ensure your stat dec will be accepted:

• Check Company Policy or Ask HR: Some companies have policies about sick leave evidence. They might state that for certain absences a medical certificate is preferred. However, few employers outright refuse stat decs since it could be seen as unreasonable if you had no chance to see a doctor. If you’re unsure, a quick call or email to HR saying, “I couldn’t obtain a medical certificate, would a stat dec be okay?” can give you peace of mind. Often, they will agree, given the circumstances.
• Follow the Proper Stat Dec Format: To be credible, your stat dec must be done correctly – using the official form (or required format), including required details, and witnessed properly (more on that below). An improperly made stat dec could raise doubts. A correctly executed stat dec, on the other hand, carries legal weight that employers respect.
• Provide It Promptly: Don’t delay handing in your evidence. If you’ve said you’ll provide a stat dec, try to submit it as soon as you’re back at work or within any deadline your employer set. A prompt stat dec shows you’re taking your responsibility seriously.
• Be Truthful and Detailed: Make sure your stat dec clearly states the date(s) you were unfit for work and a brief explanation (e.g. “I had a gastroenteritis infection and was unable to attend work on 5 March 2025”). A well-explained, honest declaration is more likely to be accepted without question. (Never be vague or dishonest – remember, a false stat dec is illegal​!)

Most employers will accept a valid stat dec because rejecting it without good reason could put them on shaky ground. After all, if you’ve met the Fair Work requirements by providing “evidence that would satisfy a reasonable person,” that should suffice​. However, if an employer ever did refuse a stat dec that you genuinely had to use (for instance, insisting on a medical certificate when it was impossible for you to get one), you may want to seek advice – but such scenarios are rare when you communicate and act in good faith. The bottom line: a properly done stat dec is typically an acceptable stand-in for a doctor’s note when needed.

How to Write a Statutory Declaration for Sick Leave

Using a stat dec might sound formal, but it’s straightforward. Here’s how you can prepare one if you need to:

1. Obtain a Stat Dec Form: For Commonwealth statutory declarations, you can download the official form from the Attorney-General’s Department website or get a copy from a post office or police station. Each state/territory also has its own stat dec form (they are largely similar). Make sure you use the correct form for your jurisdiction or the Commonwealth form if appropriate.
2. Write Your Statement: On the form, you will typically fill in your name, address, occupation, and the statement you declare to be true. In the statement section, clearly explain that you were sick and unable to work on the relevant date(s). Example: “I declare that on [Date], I was unwell with [brief description, e.g., a migraine] and was unable to attend work.” Keep it factual and concise. Include dates and any pertinent details.
3. Find an Authorised Witness: This is crucial – you must sign the stat dec in front of an authorised witness. Who counts? It varies by jurisdiction, but common authorised witnesses include Justice of the Peace (JP), lawyers, doctors, pharmacists, police officers, court registrars, certain public servants, etc. (Each stat dec form usually lists who can witness it.) The witness needs to see you sign the document, and then they will sign and often stamp or write their qualification. Tip: If you’re home sick, a local chemist (pharmacist) is often an easy option – many pharmacists are authorised to witness stat decs, just call and ask if they offer that service.
4. Sign and Witness the Document: Don’t sign it at home alone. Bring your ID and the form to the witness. You’ll sign in front of them, they’ll sign and fill in their details. Make sure all sections (like date and place of signing, your full name, and their details) are completed. Once it’s signed and witnessed, it becomes your legally sworn statement.
5. Submit to Your Employer: Provide the original stat dec to your employer (keep a copy for yourself). Hand it to HR or your manager as per your workplace’s procedures. This now serves as your sick leave evidence. Most employers will place it on file just as they would a medical certificate.

Digital Stat Dec Option: Good news – as of 2024, you can actually complete a Commonwealth stat dec digitally through your myGov account, without needing a witness in person​. This new system uses your Digital Identity for verification. If you’re tech-savvy and pressed for time, this could be useful (for example, you can log in to myGov, fill out the digital stat dec online, and it’s legally valid without finding a JP in person). Do note it’s a relatively new option – check the Attorney-General’s Department website for instructions. If you use the digital stat dec, you would then download the completed declaration and send it to your employer. Employers are required to accept these digital stat decs as valid evidence just like the paper ones​, as long as they’re properly completed.

Remember, whichever method you use, never lie on a stat dec. It bears repeating: a stat dec is a legal document – making a false declaration is against the law and can carry severe penalties​. Use stat decs only for genuine sick leave and when you truly can’t get a medical certificate in time. Done right, they are your fallback to ensure you don’t lose your sick pay or get in trouble for an absence that was legitimately due to illness.

Getting a Doctor’s Certificate Online via Telehealth

What if you really prefer to have a doctor’s certificate but can’t get to the clinic? The answer is telehealth – you can now obtain a medical certificate online quickly through various telehealth services like NextClinic. In Australia, telehealth has become a mainstream way to consult GPs. It allows you to have a medical consultation via phone or video call and receive an online medical certificate (usually emailed to you as a PDF). Services like NextClinic make this process super convenient, so you can get a doctor’s assessment and doctor’s certificate online without leaving home. Here’s how it generally works:

• Book or Request a Telehealth Appointment: Using a platform like NextClinic, you can book an online consultation. Some platforms offer on-demand consultations 24/7, meaning you might get connected to a doctor within minutes. Others allow you to schedule a specific time slot for a phone or video call.
• Consult with the Doctor (via Phone/Video): At your appointment time, you’ll speak with a registered Australian doctor through a phone call or video chat. Explain your symptoms just as you would in person. The doctor may ask you questions about your condition, medical history, etc. One advantage here: you can do this while tucked in bed with a cup of tea – no need to travel while feeling awful!
• Assessment and Advice: The doctor will assess whether your illness/injury warrants time off work. If appropriate, they will issue a medical certificate. Telehealth doctors can provide advice or treatment recommendations too, not just certificates. If they think you need medication, some services can even send a prescription to your pharmacy electronically. Essentially, it’s a regular GP consult conducted remotely​.
• Receive Your Medical Certificate Online: If the doctor determines you’re unfit for work, they will write a medical certificate for the relevant date(s). With telehealth, this certificate is typically provided as a digital document. For example, NextClinic’s doctors issue an online doctor’s certificate in a PDF format with the clinic’s letterhead, the doctor’s name and provider number, your name, the date, and confirmation of your unfitness for work. The certificate can be emailed directly to you (and sometimes even CC’d to your employer with your consent). You can then forward it to your boss or HR. It’s as legitimate as any paper certificate – it contains a real doctor’s signature (digitally applied) and all necessary details.
• Payment and Medicare: Be aware that some online services are private, meaning there may be a fee (for instance, a telehealth consultation for a one-day certificate might cost a certain amount). Some telehealth providers offer Medicare rebates or bulk-billing if you meet criteria (e.g. you’ve seen that GP before), but many on-demand services are user-pays. Always check the cost upfront – in many cases it’s reasonably affordable and far cheaper than losing a day’s wages if you were denied sick pay. NextClinic, for example, advertises quick online medical certificates starting at a modest fee, which can be well worth it for the convenience.

Are online medical certificates accepted by employers? Yes – an online medical certificate from a telehealth consultation is a valid legal document, just like one from an in-person visit. Australian employers should treat it the same as a regular doctor’s certificate because it is a doctor’s certificate (the mode of consultation doesn’t change the certificate’s validity). According to HR experts, telehealth medical certificates are just as valid as those issued in person and must be accepted by employers​. In fact, during the COVID-19 pandemic, the use of telehealth exploded and many employers became very used to seeing digital certificates. The key is that the certificate comes from a registered medical practitioner – whether you saw them face-to-face or over video doesn’t matter. Under the Fair Work Act, an employer cannot unreasonably refuse a legitimate medical certificate.

Of course, if your employer is unfamiliar with telehealth certificates, you might accompany your email with a polite note saying, “Please find attached my medical certificate from an Australian-registered doctor via telehealth.” Reassure them it’s an original certificate (with a digital signature). Most will accept it without issue. If an employer were to question it, remember that it fulfills the requirement of “evidence that would convince a reasonable person” of your illness​ – it’s signed by a doctor, after all. You can always verify that the certificate has the doctor’s provider number and contact details if they needed to confirm its authenticity.

Benefits of online doctor’s certificates: It’s worth highlighting why getting a doctor’s certificate online is such a great option when you’re in a pinch:

• Speed & Convenience: You can often obtain a certificate within an hour or two of falling ill, all from home. No travel, no sitting in a waiting room with other sick people – perfect when you feel lousy or are contagious.
• After-hours access: Telehealth services like NextClinic operate extended hours or 24/7, so if you wake up ill at 7 AM or get sick on a Sunday, you can still see a doctor and get documentation immediately, rather than waiting for the next available in-person appointment.
• Coverage: Telehealth can cover common acute ailments (colds, flu, gastro, migraines, etc.) that don’t require a physical examination. Doctors can provide advice and a certificate remotely in these cases. (If you have a more serious issue that needs examination or tests, the telehealth doctor will advise you to seek in-person care. But for many sick-leave type illnesses, telehealth is sufficient.)
• Professional legitimacy: Platforms like NextClinic use AHPRA-registered GPs. The certificate you get is professionally issued. As long as you were honest with the doctor, you have solid proof for your employer.

In short, getting a doctor’s certificate online via telehealth is a fantastic solution if you can’t see your GP right away. It keeps you covered with a medical certificate and ensures you meet any work requirements for evidence. Many Australians are now using this method for minor illnesses, and it’s widely accepted.

Honesty and Communication with Your Employer

Whether you use a stat dec or an online medical certificate, one principle remains paramount: honesty and clear communication with your employer. Maintaining trust is key when you’re taking sick leave, especially if you don’t have the usual doctor’s note at first. Here’s how to handle it:

Be Honest About Your Situation: Always tell the truth about your illness. It can be tempting for some to consider using a stat dec or online service to “fake” a sick day – don’t do it. A stat dec is a legal declaration (lying on it can lead to fines or jail up to 3 years), and a doctor (online or not) isn’t going to issue a certificate unless you genuinely report being unwell. Dishonesty can not only risk your job (and conscience) but also is simply not worth the fallout. It’s far better to use these tools only when you truly need them.

Notify Your Employer ASAP: The Fair Work guidelines state you should inform your employer that you’re taking sick leave as soon as practicable, which can even be after you’ve started the leave (e.g., calling in sick the morning you’re ill)​. When you call or email in sick, mention upfront if you anticipate trouble getting a certificate. For example: “Hi, I woke up with a high fever and won’t be able to work today. I couldn’t get a doctor’s appointment on short notice, but I will arrange a telehealth consult or provide a stat dec to cover this absence.” By signaling that you’re aware of the evidence requirement and already plan to handle it, you reassure your employer. They know you’re not trying to take a “sickie” without proof – you’re proactively addressing the issue.

Explain and Update: If you initially only have a stat dec but later manage to see a doctor, you can provide the medical certificate afterwards as additional proof. Or if you told your boss you’ll get an online medical certificate, make sure you follow through and send it promptly. Keep your employer in the loop: “I have an appointment with an online GP at 3 PM today; I’ll send through the certificate right after.” Communication shows professionalism and good faith.

Use Empathy and Professionalism: Remember, your manager or HR contact is human too. Most will appreciate your candor. A short explanation like, “I’m really unwell and bed-bound today, and the earliest I can see a doctor is tomorrow – I’ll fill out a statutory declaration in the meantime so you have something on record,” demonstrates responsibility. Employers value employees who handle unexpected situations maturely. You’re effectively saying: I’m not taking advantage – I’m truly sick and I’m doing everything I can to provide the necessary info.

Don’t Abuse Leniency: If your employer says, “No worries, a stat dec is fine,” or even, “It’s okay, just get better – bring a certificate when you can,” don’t take that for granted. Deliver what you promised. If you said you’d get an online certificate, get it. If they waived evidence this time due to circumstances, make sure not to make a habit of that. Consistently being truthful will build your credibility so that on the rare occasion something happens, your employer is more likely to be understanding.

Address Any Employer Doubts Gently: In the uncommon case your employer seems skeptical about an online certificate or stat dec, politely stand your ground with facts. You can remind them that under the Fair Work Act, statutory declarations are acceptable evidence for sick leave​, and that telehealth certificates are issued by registered doctors and are legally valid. You might say, “I understand you’re not used to digital medical certificates; however, this was issued by a licensed GP via an approved telehealth service, so it is an official document. I’m happy to have them verify any details if needed.” Remaining calm and factual usually clears up any concerns.

Build Trust: In the long run, being transparent when you’re genuinely sick will build trust with your employer. Most bosses know when an employee is conscientious. If you’re usually reliable and communicate well, they won’t jump to suspect you. On the flip side, if you ever did try to pull a fast one, it can permanently damage that trust. It’s just not worth it.

In summary, use the tools available (stat decs, telehealth, etc.) but accompany them with honesty. Employers appreciate employees who take initiative to follow the rules even under challenging circumstances. A little communication goes a long way to ensure your employer remains supportive while you take the time you need to recover.

Seeing a GP vs Using Telehealth

You might wonder, should you wait to see your GP in person or just use telehealth? The answer depends on your situation. Both in-person and online consultations have their merits. Here’s a quick comparison to help you decide:

When to See a GP in Person:

• You have a serious or complex illness/injury that likely needs a physical examination, testing (like blood tests), or in-person treatment. For example, severe chest pain or an injury would warrant an in-person visit.
• It’s feasible to get an appointment on the same day and you’re well enough to travel. If your GP can see you and you prefer that personal touch, in-person is fine.
• Your employer or industry has specific rules requiring a certificate to be from a doctor who has physically seen you (this is uncommon, but a few roles might have strict policies).
• You need other services that telehealth can’t provide – e.g., injections, swabs, or if the doctor must literally “lay hands” to diagnose (like listening to your lungs).

When to Use Telehealth for an Online Certificate:

• Speed is important: You need a certificate fast and can’t afford to wait a day or two for a GP appointment. Telehealth shines here – you can often get everything sorted within hours.
• After hours or weekends: It’s a Sunday and you’re due at work Monday but you’re ill – telehealth will get you that Monday medical certificate in time. Or it’s late at night and you want to get the consult done now rather than suffer anxiety about it – online doctors are available.
• Mild/moderate illness: You have something like a bad cold, flu, stomach bug, migraine, etc., which a doctor can assess over a call (symptoms, history) and doesn’t require a physical exam. These are totally appropriate for telehealth. The doctor trusts your reported symptoms to issue a certificate and advise rest.
• Logistics and comfort: Maybe you don’t have transport to your clinic, or you’re home alone and too weak to drive safely. Telehealth keeps you safe at home. Also, during pandemics or infectious outbreaks, telehealth helps prevent spreading illness by keeping sick people out of waiting rooms.
• No regular GP / Traveling: If you’re away from your usual area or don’t have a regular doctor, telehealth is a convenient option to get a certificate from anywhere in Australia.

Quality and Acceptance: Both methods result in a legitimate certificate. A certificate from your long-time family GP might feel more personalized (they know your history), but an online certificate is equally valid in your employer’s eyes as long as it has the necessary details. Telehealth doctors follow professional guidelines and will not issue a certificate if it’s not warranted – so employers can trust that a telehealth certificate indicates a real health issue prevented you from working.

One strategy some people use is: start with telehealth to cover the immediate need, then follow up with their own GP later if the illness persists or they want continuity of care. For instance, you get a two-day certificate via NextClinic to cover you for now, and if you’re still unwell after that, you visit your GP for further treatment and any extended leave notes. This way you don’t miss out on documentation early on, and you still get your usual care if needed.

Ultimately, use your judgment. The goal is to ensure you have appropriate medical advice and the proof required for work. Telehealth is a fantastic complement to traditional care – it doesn’t replace all in-person visits, but it’s incredibly useful for straightforward situations. If you’re ever uncertain, you could even call your regular clinic and ask if they offer phone consultations; many local GPs do phone consults and can email you a certificate, which is essentially the same outcome. The landscape of healthcare has changed, and getting an online doctor’s certificate is now a normal, accepted practice in Australia’s healthcare system.

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