How to Make a Complaint About a Notary Public
Table of contents
Start by raising the problem with the notary in writing, because most issues, such as an error in a certificate, are fixed quickly that way. If that fails, Australian notaries are lawyers, so complaints about their conduct or fees usually go to the legal services regulator in their state or territory.
Key takeaways
- Raise it with the notary first, in writing, with the document and what went wrong. Many problems are errors that can be corrected.
- Australian notaries are lawyers, so the legal services regulator in their state or territory usually handles complaints about conduct and costs.
- A notary is entitled to decline to act, to ask questions and to check identity. Those are not grounds for complaint in themselves.
- If a foreign body rejected your document, find out why before blaming the notary. The cause is often elsewhere.
- Where you have suffered a loss, get legal advice. Notaries generally carry professional indemnity insurance.
What counts as a genuine complaint?
A notary's job is to perform notarial acts carefully and independently: checking identity, understanding and free will, preparing an accurate notarial certificate, and recording the act. Genuine grounds for complaint include a certificate that contains a clear error, such as the wrong name or date; notarising a document without checking identity; unreasonable delay in returning documents; losing original documents; charging fees very different from what was quoted; or behaving unprofessionally.
Other things feel frustrating but are part of proper practice. A notary may decline to act if they doubt your identity or capacity, see signs of pressure, have a conflict of interest, or think the document is improper. They may insist on seeing originals, speak to you alone, or refuse to certify a copy from a scan. Our guide to when a notary can refuse to notarise explains why.
Was it really the notary's fault?
When an overseas body rejects a notarised document, the reason is often not the notary. Common causes are a missing apostille or legalisation, a translation the foreign body will not accept, the wrong form of document, a name that does not match a passport, or a document that is too old. Some foreign bodies change their requirements without notice.
Ask the foreign body for the reason in writing, then compare it with the instructions you gave the notary. If the notary followed the instructions you provided and the foreign body wanted something different, the fix is usually a new document rather than a complaint. If the notary made an error that caused the rejection, that is a fair thing to raise. Our guide to what happens when a document is rejected by an embassy covers the usual causes.
How do you raise it with the notary?
Write to the notary, by email or letter, setting out what happened, what you think went wrong, and what you want: a corrected certificate, the return of documents, an explanation of a fee, or something else. Attach copies of the relevant documents and any rejection notice. Keep the tone factual. Most notaries will respond promptly, especially to a clear error in a certificate, which can often be corrected with a fresh certificate.
Give the notary a reasonable time to reply. If the notary works in a firm, you can also raise it with the firm's principal. Keep copies of everything you send and receive, because a regulator will ask for them if the matter goes further.
Which regulator handles complaints?
Because Australian notaries are lawyers, complaints about their professional conduct and, in many cases, their costs are usually handled by the body that regulates lawyers in the notary's state or territory. Each jurisdiction has its own body and process, and their names and powers change from time to time. The table lists the bodies commonly responsible; check the body's own website for its current process before you lodge a complaint.
| Jurisdiction | Body commonly handling complaints about lawyers |
|---|---|
| NSW | Office of the Legal Services Commissioner |
| Victoria | Victorian Legal Services Board and Commissioner |
| Queensland | Legal Services Commission |
| Western Australia | Legal Practice Board of Western Australia |
| South Australia | Legal Profession Conduct Commissioner |
| Tasmania | Legal Profession Board of Tasmania |
| ACT | ACT Law Society |
| Northern Territory | Law Society Northern Territory |
Complaints about a notary's conduct as a notary, as distinct from their work as a lawyer, may also be of interest to the body that appointed them: in most jurisdictions the Supreme Court, and in Queensland the Court of Faculties. In serious cases, those bodies may have power to discipline or remove a notary. The regulator can usually tell you whether the notarial side of the complaint should also go elsewhere.
What about disputes over fees?
Notaries set their own fees, so a fee is not unfair just because another notary charges less. A fee dispute is more likely to be taken up where the amount charged was very different from a quote or estimate, where you were charged for work you did not ask for, or where the fee was not explained. Ask the notary for an itemised account first.
If that does not resolve it, the legal services regulator in the notary's state can often help with disputes about lawyers' costs, and there may be a formal process for having costs assessed. Time limits can apply, so do not wait too long. Our guide to how notary fees are set explains what usually drives them, without quoting prices.
What if you have suffered a financial loss?
If a notary's error caused you a real loss, for example a lost property sale or a court deadline missed because of a defective certificate, a complaint to a regulator may not be enough to recover it. Regulators deal mainly with conduct; compensation for loss is usually a separate question. Get advice from a lawyer who is independent of the notary.
Australian notaries, as practising lawyers, generally carry professional indemnity insurance, which exists to meet claims of this kind. Your lawyer can advise whether you have a claim and how it would be made. Our guide to notaries' professional indemnity explains how that insurance works in general.
What should you gather before complaining?
- The notarised document, or a copy, including the notarial certificate.
- The instructions you gave the notary, including anything from the foreign body.
- Any rejection notice from the foreign body, with its stated reason.
- Quotes, invoices and receipts, if the complaint is about fees.
- Your correspondence with the notary, including dates.
How long does a complaint take, and what can it achieve?
Regulators deal with a wide range of matters, and how long a complaint takes depends on its complexity and the regulator's process. Many start by trying to resolve the matter informally, for example by contacting the lawyer and asking for a response. More serious matters may be investigated, and in the most serious cases the regulator may take disciplinary action. Each regulator publishes information about its process and what outcomes are possible.
Be realistic about what a complaint can do. It can lead to an apology, an explanation, a corrected document, a reduced fee or, in serious cases, disciplinary consequences for the lawyer. It will not usually get your overseas document accepted, which depends on fixing the document itself. If time matters, for example because of a property settlement or court date, fix the document first and pursue the complaint separately.
What if the person was not a real notary?
If someone called themselves a notary but was not an appointed Australian notary, the problem is different: the document may not be a valid notarial act at all, and a foreign body may reject it. Check the person against the records or notaries society in their state or territory. If they were not a notary, you will usually need to have the document done again by a genuine notary, and you may wish to report the matter to the legal services regulator or to consumer protection authorities. Our guide to what makes a notarial act invalid explains the consequences.
What does this look like in practice?
Here is an illustration, not a real case. Liam's power of attorney for a property in Portugal was returned by the Portuguese notary because the notarial certificate spelled his surname incorrectly.
He emails the notary with a scan of the certificate, his passport and the Portuguese notary's note. The notary acknowledges the error, prepares a corrected certificate, and arranges for the document to go back to DFAT for a fresh apostille. The matter is resolved without a formal complaint. Had the notary not responded, Liam's next step would have been the legal services regulator in the notary's state.
In short
To complain about a notary public in Australia, first work out why the document failed, then write to the notary with the details and what you want. If that does not resolve it, contact the legal services regulator in the notary's state or territory, which handles complaints about lawyers, including many fee disputes. For real financial loss, get independent legal advice.
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Need a notarised document fixed or redone? Send us the document and the rejection notice, and we will explain each step before you book.
Frequently asked questions
How do I complain about a notary public in Australia?
Start by writing to the notary with the details and what you want. If that does not resolve it, contact the legal services regulator in the notary's state or territory, because Australian notaries are lawyers. Keep copies of all documents and correspondence.
Who regulates notaries in Australia?
Notaries are appointed under state and territory arrangements, usually by the Supreme Court and in Queensland through the Court of Faculties. As lawyers, their conduct is also overseen by the legal services regulator in their state or territory, which usually handles complaints.
Can I complain because a notary refused my document?
Refusing is not usually misconduct. A notary may decline where identity, capacity or free will are in doubt, where there is a conflict of interest, or where the document seems improper. If you think the refusal was unreasonable, ask the notary to explain.
My document was rejected overseas. Is the notary to blame?
Not necessarily. Rejections are often caused by a missing apostille, an unaccepted translation, the wrong form of document or a name mismatch. Ask the foreign body for its reason and compare it with the instructions you gave the notary before deciding.
Can I dispute a notary's fee?
Yes. Ask for an itemised account first. If the fee was very different from a quote, or covered work you did not request, the legal services regulator can often help with disputes about lawyers' costs. Time limits may apply, so act promptly.
What if the notary made a mistake in the certificate?
Tell the notary in writing with a copy of the certificate. Clear errors, such as a misspelled name or wrong date, can usually be corrected with a fresh certificate. If the document was apostilled, it may need a new apostille from DFAT.
Can I get compensation if a notary's error cost me money?
Possibly. Regulators deal mainly with conduct, so compensation for loss is usually a separate matter. Get advice from an independent lawyer. Notaries generally carry professional indemnity insurance for claims of this kind.
What if the person was not really a notary?
The document may not be a valid notarial act, and a foreign body may reject it. Check the person against the records or notaries society in their state. You will usually need a genuine notary to redo the document, and you may report the matter.
Can the Supreme Court remove a notary?
In most jurisdictions, the Supreme Court appoints notaries and may have power to discipline or remove them in serious cases. In Queensland, that role belongs to the Court of Faculties. The legal services regulator can tell you whether to raise the notarial side elsewhere.
What should I include in a complaint?
Include the notarised document or a copy, the instructions you gave the notary, any rejection notice, quotes and invoices, and your correspondence with dates. Explain clearly what went wrong and what outcome you are seeking.
