JP, Commissioner for Declarations or Notary in Queensland
Table of contents
In Queensland, a Commissioner for Declarations or a JP (Qualified) can witness most documents used in Australia, free of charge. A JP (Qualified) holds wider powers than a Commissioner, but for everyday documents their roles often overlap. For documents going overseas you usually need a notary public, whose signature DFAT can apostille.
Key takeaways
- Queensland has two volunteer witness roles: Commissioner for Declarations and Justice of the Peace (Qualified). Both are free.
- A JP (Qualified) can do everything a Commissioner can and more, including some powers under criminal law. For most paperwork either will do, but check.
- Queensland notaries are appointed through the Court of Faculties of the Archbishop of Canterbury, not by the Supreme Court as in most other states.
- Queensland and Commonwealth statutory declarations are different forms. Use the one the receiving body asks for.
- A JP's or Commissioner's signature cannot be apostilled. Documents for overseas use go to a notary.
What is the difference between a JP and a Commissioner for Declarations?
Queensland appoints volunteers to two witnessing roles. A Commissioner for Declarations, often written C.dec, witnesses documents such as statutory declarations and certifies copies. A Justice of the Peace (Qualified), often written JP (Qual), can do the same and holds additional powers, including some under criminal law, such as issuing certain warrants and summonses. There is also a JP (Magistrates Court) role, which is concerned with court duties rather than everyday documents.
For ordinary paperwork, such as a statutory declaration for a bank or a certified copy for a university, the practical difference is usually small. Where it matters is with documents that only some witnesses may sign, or when a receiving body names a JP specifically. The Queensland Government's Justices of the Peace Branch publishes what each role can witness; check it if you are unsure, and follow the receiving body's instructions.
Why are Queensland notaries appointed differently?
In most Australian states and territories, notaries are appointed by the local Supreme Court. Queensland is different. Queensland notaries are appointed by the Archbishop of Canterbury through the Court of Faculties in England, an arrangement that dates back centuries and has continued in Queensland. The Society of Notaries of Queensland represents notaries in the state.
For you, this changes nothing about what a Queensland notary can do. A Queensland notary is an experienced lawyer who witnesses signatures, certifies copies, administers oaths and prepares notarial certificates for use overseas, and DFAT authenticates or apostilles their signature in the same way as any other Australian notary's. It is simply worth knowing, because general descriptions of Australian notaries often overlook the Queensland arrangement.
Which Queensland documents need which witness?
The table gives the usual answer. The receiving body's instructions always come first, and some bodies ask for more than the law requires.
| Document | Usually witnessed by | What to check |
|---|---|---|
| Queensland statutory declaration | A C.dec, JP (Qual), lawyer or other authorised person | That it is the Queensland form, if that is what is asked for |
| Commonwealth statutory declaration | Anyone on the Commonwealth list of approved witnesses | That the receiving body wants the Commonwealth form |
| Affidavit for a Queensland court | A JP (Qual), C.dec, lawyer or other authorised person | The court's rules on form, exhibits and who may witness |
| Enduring power of attorney | An eligible witness, such as a JP, C.dec, lawyer or notary | The current approved form and the witness's certificate |
| Certified copy for an Australian body | A C.dec, JP (Qual) or another person the body accepts | The body's own list of certifiers |
| Document for use overseas | A notary public, then DFAT if asked | What the foreign body wants: notarisation, apostille or both |
Who can witness a Queensland enduring power of attorney?
Queensland has its own approved forms for enduring powers of attorney, and they must be witnessed by an eligible witness. Justices of the Peace, Commissioners for Declarations, lawyers and notaries are among the people generally eligible, but a witness must also not be connected to the document, for example as your attorney, a relative of your attorney, or your paid carer. The witness certifies that you appeared to understand what you were signing.
Because these documents may be relied on when you can no longer speak for yourself, get them right. Use the current approved form, read its explanatory notes, and speak to a lawyer if your situation is complex. The Queensland Government and the Office of the Public Guardian publish guidance. Our guide to powers of attorney covers the general picture.
Queensland or Commonwealth statutory declaration?
Queensland statutory declarations are used for Queensland matters, and Commonwealth statutory declarations for Commonwealth matters, such as many federal agencies, including Home Affairs. They have different forms and different witness rules, and using the wrong one is a common reason for a declaration being returned.
Before you sign, check which form the receiving body wants. The Attorney-General's Department publishes the Commonwealth statutory declaration form and witness list, which is broad and includes JPs and Commissioners. Our guide to who can witness a statutory declaration compares the options.
When do you need a notary in Queensland?
You need a notary when a document is going overseas and the foreign body wants it notarised or apostilled. Common examples are powers of attorney for property abroad, affidavits for foreign courts, certified copies of passports and degrees for overseas employers or universities, and company documents for foreign registries.
A JP or Commissioner cannot fill that role. DFAT does not apostille their signatures, and most foreign bodies do not accept their certifications. The notary witnesses or certifies the document and attaches a notarial certificate; if an apostille is also wanted, DFAT adds it. Our guides to notary public in Brisbane, notary public on the Gold Coast and which documents can be apostilled cover the practical steps.
Can documents be witnessed by video in Queensland?
Queensland allows some documents to be signed electronically or witnessed by audio-visual link, under conditions set by Queensland law, and the arrangements have changed since 2020. Whether your document qualifies depends on its type, and the body receiving it must also accept it.
For documents going overseas, the foreign body decides whether it accepts a remotely witnessed act, and many do not. Ask before you arrange a video appointment. Our remote notary guide explains what to ask.
Where do you find a JP or Commissioner in Queensland?
Queensland has community signing desks, often in shopping centres, libraries, courthouses and council offices, where volunteer JPs and Commissioners see people without charge at set times. Many also witness documents by arrangement at their workplace. The Queensland Government's Justices of the Peace Branch lists signing desks and can help you find a witness near you.
Volunteer availability varies, especially in regional areas and outside business hours, so check the times before you travel. If you cannot find one in time, check who else the receiving body accepts; many Australian bodies accept certified copies from other professionals on their own lists. Paying for a notary for a document that stays in Australia is rarely necessary.
What does a certified copy in Queensland involve?
To certify a copy, the witness compares the copy with the original document in front of them, then signs each page, usually with a statement that it is a true copy of the original sighted, their name, their role and the date. They cannot certify a copy of a copy, a scan on your phone or a document they have not seen.
A certified copy made by a JP or Commissioner is for Australian use. If the copy is going to an overseas university, employer or bank, a notarial certified copy is usually needed, because the foreign body can check the notary's standing and DFAT can apostille it. Our guide to a certified true copy explains the difference.
How do you prepare for a Queensland witnessing appointment?
- Identify the document and where it is going, in Queensland, elsewhere in Australia, or overseas.
- Check the receiving body's instructions for the form and the witness it wants.
- Choose the right witness: a C.dec or JP (Qual) for most Australian documents, a notary for overseas.
- Leave the document unsigned until you are in front of the witness.
- Bring original photo identification and the originals of anything to be certified.
What does this look like in practice?
Here is an illustration, not a real case. Mei lives in Toowoomba. She needs certified copies of her qualifications for a Queensland employer, an enduring power of attorney naming her daughter, and a notarised copy of her passport for a bank in Hong Kong.
She has the certified copies made by a Commissioner for Declarations at a community signing desk, free of charge. She signs the enduring power of attorney on the current approved form in front of a JP (Qualified) who has no connection to her family. For the Hong Kong bank, she books a notary, because the bank's list of certifiers for customers overseas includes notaries but not JPs.
In short
In Queensland, a Commissioner for Declarations or JP (Qualified) can witness most documents used in Australia for free, with a JP (Qualified) holding wider powers. Enduring powers of attorney need an eligible, unconnected witness on the approved form. Documents going overseas need a notary, appointed in Queensland through the Court of Faculties, with a DFAT apostille if asked.
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Not sure who should witness your Queensland document? Send us the instructions you were given, and we will explain each step before you book.
Frequently asked questions
What is the difference between a JP (Qual) and a C.dec in Queensland?
Both are free volunteer witnesses. A Commissioner for Declarations witnesses documents such as statutory declarations and certifies copies. A JP (Qualified) can do the same and holds wider powers, including some under criminal law. For everyday paperwork either is usually fine, but check the receiving body's instructions.
Do Queensland JPs and Commissioners charge?
No. Justices of the Peace and Commissioners for Declarations in Queensland are volunteers and do not charge for witnessing or certifying documents. Many sit at community signing desks; check availability before you go.
Who appoints notaries in Queensland?
Queensland notaries are appointed by the Archbishop of Canterbury through the Court of Faculties in England, unlike most other states, where the Supreme Court appoints them. Their notarial acts are treated the same, and DFAT authenticates or apostilles their signatures in the usual way.
Can a Queensland JP certify documents for overseas use?
A JP can certify a copy, but most overseas bodies do not accept JP certifications, and DFAT cannot apostille a JP's signature. For documents going abroad, use a notary, whose signature DFAT can authenticate or apostille.
Who can witness an enduring power of attorney in Queensland?
An eligible witness, which generally includes JPs, Commissioners for Declarations, lawyers and notaries, who is not connected to the document, such as your attorney, a relative of your attorney or your paid carer. Use the current approved form and read its notes.
Should I use a Queensland or Commonwealth statutory declaration?
Use the form the receiving body asks for. Queensland declarations are for Queensland matters, and Commonwealth declarations for Commonwealth matters such as Home Affairs. They have different forms and witness rules, and the wrong form is a common reason for rejection.
Can a Commissioner for Declarations witness an affidavit?
Queensland law and court rules set who may witness affidavits, and Commissioners are among the authorised witnesses for many purposes. For a court affidavit, follow the court's instructions and check the JP Branch guidance on what a Commissioner may witness.
When do I need a notary in Queensland?
When a document is going overseas and the foreign body wants it notarised or apostilled, such as powers of attorney for property abroad, affidavits for foreign courts and certified copies for overseas employers. For documents staying in Australia, a JP or Commissioner is often enough.
Can documents be witnessed by video in Queensland?
Queensland allows some documents to be signed electronically or witnessed by audio-visual link under conditions set by Queensland law. Whether yours qualifies depends on the document, and the receiving body must accept it. Overseas bodies decide for themselves.
What should I bring to a witnessing appointment?
Bring the unsigned document with every page, original photo identification such as a passport or driver licence, and the originals of anything to be certified. Check first which form and which witness the receiving body wants.
