Notary Services Questions
Many people in Australia are uncertain about what exactly notary services are. This article answers the top ten questions about notary publics and notary services.
1. What is a Notary Public?
In Australia, a Notary Public is a person who is authorised to perform notarial acts. This can include authenticating identities and witnessing signatures, authenticating documents and certifying copies, and dealing with other documentation. These notarial acts are performed primarily so that any documents notarised may be used for legal purposes overseas.
Only qualified lawyers may become Notary Publics (also known as “Notaries”). To become Notaries, lawyers must have at least 5 years standing and complete further notarial studies.
2. Why do I need to get document notarised?
When documents are used in their country of origin, it is usually relatively easy to authenticate them and verify they are legitimate. When documents are required for use in another country, however, the process of authentication becomes more difficult.
Notarisation is the process of certifying and authenticating documents so that they can be legally recognised in other countries.
3. Who can notarise documents in Australia?
Only a registered Notary Public may notarise documents in Australia.
If you are overseas, Australian consular officials are able to witness signatures, certify true copies and legalise documentation. These notary services are offered through Australian embassies or consulates overseas.
4. What documents can a notary notarise?
Notaries can notarise almost any type of documentation. Typical documents for which notarisation is sought are;
- Powers of Attorney.
- Personal ID documents.
- Personal certificates issued in Australia
- Visa and immigration documents.
- Overseas travel permissions for children.
- Court forms and legal documents.
- Court issue documents.
- Deceased estate, wills and probate documentation.
- Financial documents and bank statements.
- Foreign pensions.
- Real estate documents and property transfers.
- Commercial or personal contracts and agreements.
- Australian company documentation.
- Employment records.
- Academic transcripts and documentation from Australian educational institutions.
- Professional qualification or accreditations documents.
- Medical reports and certificates
- Criminal records.
To learn more, read our article about the types of documents commonly notarised in Australia.
5. How do I get a document notarised in Australia?
This is an overview of how notary services work. To get documents notarised, you must speak with and visit a Notary Public. The exact process of notarisation will depend upon the country for which the documents are required and what you are trying to achieve.
- First of all, speak with a Notary to discuss your needs.
- Identify which country your documents are needed for. This will determine whether an Apostille Certificate can be issued or an Authentication Certificate is required.
- Your Notary Public will help outline the notarisation process.
- Prepare all the documentation you need notarised. Be sure to cover everything to avoid an additional unnecessary return trip to the Notary.
- Book an appointment. Note: do not sign any documents prior to your visit as these will need to be witnessed by the Notary. If you have already, don’t worry; you’ll simply need to re-sign the documents at the appointment.
- During your appointment the Notary will verify your identity, make certified copies of documents and witness any signatures required.
- The Notary will prepare a notarial certificate and attach it to the document(s). These are then bound together, signed by the Notary and sealed with the Notary’s seal.
- For countries that are signatories to the Hague Apostille Convention, the documents are then sent to the Australian Department of Foreign Affairs and Trade (DFAT) for the issuance of an Apostille Certificate. These documents can then be used in those countries without further authentication.
- If the country the documents are for is not a signatory to the convention, further authentication and legalisation may still be required.
Your Notary Public will help guide you through everything that is required.
6. What is a notarised document?
A notarised document is one that has been certified by a Notary Public.
7. Do I need to personally visit a Notary or can someone else attend on my behalf?
If any of the documents to be notarised require your signature, you will need to attend in person. This is so the Notary can confirm your identity and personally witness your signature (you must sign in front of them).
If you only have a document that needs to be certified as a true copy, you may send someone else in your place. Please note that your representative must still provide their own photo ID so that we can verify their identity for our records.
8. What is the difference between Notary Public vs Justice of the Peace?
A primary difference between a Notary Public and a Justice of the Peace (JP) is that Notaries are recognised overseas. A Justice of the Peace and any documents they witness only has legal recognition within Australia.
Secondly, Notaries in Australia are qualified lawyers whereas JPs do not necessarily need to be so.
9. Can a notary do fingerprints?
Whilst a Notary cannot take fingerprints directly, they can attest and notarise those documents for you.
10. Is there a notary public near me for free?
Notarisation can only be performed by senior lawyers with advanced training and often involve more complicated scenarios than a JP is trained for. Furthermore, DFAT charges their own fee to issue the Apostille Certificate or Authentication Certificates (the final stage of the notarisation process). As such and unlike many JPs, notary services are not free.
GP Legal offers very competitive pricing for experience notarial services or all kinds.
11. How can I access notary services? Where do I find a notary public?
If you are based in Sydney, come and speak with us.
GP Legal Notary Services
Based in Dee Why, GP Legal provide notary public services to residents and businesses in the Northern Beaches and North Shore of Sydney.
Arranging an Apostille, Authentication and Legalisation can be time-consuming and sometimes complicated. We can help you through the whole process with advice and support based on many years of experience. If you need documents authorised or legalised for overseas use, contact us to book an appointment.