AFP Police Check Apostille: Does It Need a Notary?

Usually not. An Australian Federal Police National Police Check is an Australian public document, and DFAT can generally apostille or authenticate it directly, without a notary. The catch is ordering the right check, in a form DFAT accepts. A notary is needed mainly when the foreign body wants a certified copy rather than the original, or asks for something extra.

Key takeaways

• A check issued by the AFP can generally go straight to DFAT for an apostille or authentication. No notary is needed for that step.
• Checks from commercial accredited bodies are usually not suitable for an apostille, because DFAT cannot verify them the same way.
• Choose the right purpose when you apply, and check whether the foreign body wants a name-only or fingerprint-based check.
• Foreign bodies often want a recent check. Ask how recent before you apply.
• Check DFAT's current requirements for the form of the certificate before you send it, because electronic certificates are handled differently.

Why doesn't an AFP check need a notary?

An apostille confirms the signature and seal of a public official on a public document. Because an AFP National Police Check is issued by a federal agency, DFAT can check the AFP's authorisation itself, so there is no need for a notary to certify it first. DFAT's own list of documents it can legalise includes national police checks and fingerprint reports issued by the AFP.

A notary is still sometimes involved, but for a different reason: when the foreign body asks for a notarised copy rather than the original, or when you want to keep the original and send a certified copy. In that case the notary certifies the copy, and DFAT apostilles the notary's signature instead. Our guide to which documents can be apostilled explains how DFAT treats public and private documents.

AFP check or commercial police check: does it matter?

Yes, a great deal. In Australia, national police checks can be obtained from the AFP directly or through commercial bodies accredited to submit checks to the national system. Commercial checks are convenient and widely used by employers, but the certificate is generally issued by the accredited body, not signed by the AFP in the form DFAT verifies.

For an overseas visa, residency, work permit or marriage, the foreign body usually wants a check DFAT can apostille or authenticate, which in practice means one issued by the AFP. Ordering a commercial check first, and then finding it cannot be apostilled, is one of the most common and time-consuming mistakes. If in doubt, apply to the AFP directly, and confirm with DFAT which form of certificate it will accept.

Which AFP check should you order?

When you apply to the AFP, you choose the purpose of the check, and the purpose affects what is released and how the certificate is described. For overseas visas, residency, citizenship and similar purposes, choose the purpose the AFP describes for immigration or overseas use, rather than employment or volunteering. If the foreign body gave you a specific description, match it as closely as you can.

Some countries want more than a name-based check. They ask for a check based on fingerprints, which the AFP also offers, usually with fingerprints taken by a police service or an approved provider. Read the foreign body's instructions carefully: a name-only check sent where a fingerprint check was required will be refused, however well it is apostilled. Our guide to criminal record checks for overseas use covers the choices in more depth.

Foreign body asks for	What to order	Notary needed?
"Police clearance, apostilled"	AFP National Police Check for overseas purposes	No; send it to DFAT
"Fingerprint-based police check"	AFP fingerprint-based check	No; send it to DFAT
"Legalised police certificate" (non-member country)	AFP check, then DFAT authentication and embassy	No, unless a copy is wanted
"Notarised copy of police check"	AFP check, then a notary certifies a copy	Yes, for the copy
State police record	The relevant state police certificate	Check with DFAT and the foreign body
Check for an Australian employer	AFP or commercial check	No

How does the apostille step work?

Once you have the AFP certificate in a form DFAT accepts, you send or take it to DFAT with its application form and fee. DFAT verifies the AFP's authorisation and attaches an apostille, for countries in the Hague Apostille Convention, or an authentication certificate, for countries outside it, where the country's embassy then legalises it. Check the destination's position on the HCCH status table on the day.

The AFP now issues many checks electronically, and DFAT handles only a limited range of electronic documents. Before sending anything, read DFAT's current guidance on Smartraveller about what form of AFP certificate it accepts, and ask the AFP how to obtain it in that form. A printout of an electronic certificate is not automatically acceptable. Our guide to DFAT authentication covers the lodgement process.

How recent does the check need to be?

Many foreign bodies want a police check issued within a recent period, because a check only reflects records up to the date it was issued. The required period varies by country and purpose, and the clock may run from the issue date of the check rather than the date of the apostille. Ask the foreign body how recent the check must be before you apply, and time the application, the apostille and the courier so the check is still within that period when it arrives.

If your check is too old by the time it arrives, you will usually need a new one, and the apostille on the old one will not help. Our guide to what happens when a document is too old for an overseas body covers the common rules.

What if the name on the check does not match your passport?

The AFP check is issued in the names you provide, usually including former names. If the foreign body sees a different name on the check from your passport, or the check omits a former name that appears on your other documents, it may ask for an explanation. Include all names you have been known by when you apply, and keep evidence of changes, such as a marriage certificate or change of name certificate. Our guide to apostille name mismatches explains how to link the names.

What about state police certificates?

Each Australian state and territory police service also keeps records, and some foreign bodies ask specifically for a certificate from the state police where you lived, in addition to or instead of the national check. Others, such as some countries' immigration authorities, list exactly which Australian certificate they want. Read the list carefully: a national AFP check and a state police certificate are different documents, issued by different agencies.

Whether DFAT can apostille a particular state police certificate depends on the certificate and on DFAT's current list of documents it can legalise. Check with DFAT before ordering. If DFAT cannot deal with the certificate directly, a notary may be able to certify a copy that DFAT can then apostille, if the foreign body accepts a notarised copy. Ask the foreign body before you pay for anything.

Do you need a translation?

Often. The AFP check and the DFAT apostille are in English. If the destination country works in another language, the foreign body may want a translation of both, and it decides whose translation it accepts: some want a sworn translator in their own country, others accept a translation made in Australia. Ask before ordering, and have the translation made after the apostille, so the apostille is translated too. Our guide to NAATI translations explains the Australian side.

How do you get it done without a notary?

1. Read the foreign body's instructions: name or fingerprint check, how recent, apostille or legalisation, translation.
2. Apply to the AFP directly, choosing the purpose for overseas or immigration use and listing all your names.
3. Check DFAT's requirements for the form of AFP certificate it accepts, and obtain it in that form.
4. Lodge it with DFAT for an apostille or authentication.
5. Arrange any translation or embassy legalisation, then send it before it goes out of date.

What does this look like in practice?

Here is an illustration, not a real case. Tom is moving from Melbourne to Spain on a residence visa, and the Spanish consulate asks for a police clearance, apostilled and translated into Spanish.

He had already bought a commercial police check for a job, but realises it will not suit an apostille. He applies to the AFP directly for the overseas purpose, checks DFAT's requirements for the form of certificate, and lodges it with DFAT, which adds the apostille. He then has the check and the apostille translated as the consulate instructs. No notary is involved at any stage.

In short

An AFP National Police Check can usually be apostilled or authenticated by DFAT directly, without a notary. Order it from the AFP rather than a commercial body, choose the overseas purpose, check whether fingerprints are needed, confirm DFAT's requirements for the form of certificate, and time it so it is still recent on arrival. A notary is needed only if the foreign body wants a notarised copy.

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Not sure whether your police check needs a notary, an apostille or both? Send us the instructions you were given, and we will explain each step.