​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself

How to write a witness statement

    What is a witness statement?

    A witness statement is a document that sets out what a witness says about your case. If you want to bring a witness to arbitration, you must file and serve (formally give the other side) a witness statement made by them by the deadline in the directions made by the Fair Work Commission (the Commission).

    If you do not file and serve a witness statement in time, the Commission might not let that witness give evidence. You will need to prepare a witness statement for yourself and get one from each of your other witnesses.

    Is there a form to use?

    There is no standard form for a witness statement, but it should: 

    • be on one side of A4 paper and be typed or neatly handwritten
    • start with the full name, address and occupation of the person making the statement.

    For example:

    I, Erich Johansson of Unit 12/5 Example Street, Redfern, NSW 2016 and Storeperson  state:
    • ​have numbered paragraphs. Try and put one fact or idea in each paragraph. ·
    • be signed on the last page by the person making the statement with the date next to their signature.

    What should be in a witness statement  

    Only include what you know

    The statement should only include things that the person making the statement saw or heard or did. Don't include rumours or gossip.

    You will need to prepare a witness statement for yourself and get one from each of your other witnesses.

    Include the important information about your employment in your witness statement

    In your statement, include all the important information about your employment like: 

    • when you signed your employment contract
    • when you started work and the position you started in
    • what award or enterprise agreement you were employed under (if any)
    • the date of any promotion and the name of your new position
    • details of any change of duties
    • details of any performance meetings or meetings about complaints
    • when you were told you were dismissed, and what you were told about why you were being dismissed
    • the date of your last day of work.

    For more information on what evidence you might need to support your case, see Evidence

    Include dates or date ranges

    If you want to refer to a date but you are not sure when something happened, you can give a date range or say "on or about" a date.

    For example:

    1. On or about 6 September 2012 I was offered a job by Rod Steel, the director of the respondent, as a storeperson, working for the respondent.

    ​Write down what people said

    If you want to write down what someone said to you or things you said to someone else, you should put what was said in quotation marks.

    For example:

    10. On 17 January 2013 I had a conversation with my supervisor Gary Irons. I said: "Gary, I wasn’t paid enough for the work I did on Saturday. I thought I was entitled to be paid at the rate of one and a half my normal hourly rate. I was only paid at my normal rate".

    ​​​If you cannot remember exactly what was said but you remember the gist of the words you can say:

    11. He said words to the effect: "That doesn’t sound right. You should get extra for working Saturdays. Let me check it out and get back to you".

    ​Attaching documents

    When you talk about a document in a witness statement you should attach a copy of that document to the end of the statement.

    These documents are then called 'attachments'. You should label the top of the first page of each attachment with a letter. The first page of the first attachment would be labelled "A". The first page of the second attachment would be labelled "B".

    In your statement you can refer to this document like this:

    3. On 10 September 2012 I signed a contract of employment (“the contract”) with the respondent. Annexed and marked “A” is a copy of the contract.

    ​More help

    When you have prepared your witness statements, you should file and serve them. For information on how to file and serve a witness statement, see Preparing for arbitration.

    For more information about preparing legal documents and statements, see  Reading and writing legal documents.