How to Make a Complaint About a Notary Public

Start by raising the problem with the notary in writing. If that does not resolve it, complaints about an Australian notary’s conduct or costs usually go to the legal services regulator in the state or territory where the notary practises.

Key takeaways

• Write to the notary first, explaining what happened and what outcome you want.
• Attach the relevant document, certificate, instructions and any rejection notice, while keeping the originals safe.
• A clear error, missing identity check, lost original or unexplained cost may justify a complaint.
• A notary may properly decline to act, ask questions, check identity or insist on seeing originals.
• An overseas rejection may result from a missing apostille, translation, document type or name mismatch rather than notarial misconduct.
• Complaints about professional conduct and costs usually go to the legal services body in the notary’s state or territory.
• If the error caused financial loss, obtain independent legal advice because a regulator may not recover compensation for you.

What counts as a genuine complaint about a notary?

A notary must perform notarial acts carefully and independently. Possible grounds include a clear error in the notarial certificate, such as the wrong name or date; notarising without checking identity; losing an original document; unreasonable delay in returning documents; unexplained work; or unprofessional behaviour. A cost that differs greatly from an earlier quote may also be worth raising.

A notary may certify copies, witness signatures and administer oaths. A certified true copy confirms that the copy matches an original sighted by the notary; it does not confirm that the original’s contents are true. The notary must sight the original, not merely a scan, photocopy or earlier copy.

Notaries also check identity, capacity and whether a person is acting freely. They may decline if identity or capacity is doubtful, pressure appears to be present, a conflict exists, or the document seems improper. They may ask questions, speak to you alone or refuse to certify a copy supplied only as a scan. Read what an Australian notary public does before treating a refusal as misconduct.

Was the notary responsible for the overseas rejection?

First obtain the receiving authority’s reason in writing. An overseas rejection may result from missing legalisation, an unacceptable translation, the wrong document type, a name mismatch or an age requirement. The receiving authority decides what it accepts, and requirements may differ between countries and organisations.

An apostille is a certificate issued by the competent authority for use between countries covered by the Hague Apostille Convention. In Australia, only DFAT issues apostilles. An apostille certifies the signature and seal, not the document’s contents. Check the destination against the current HCCH status table on the day.

Legalisation is the additional authentication process normally used when the destination is not covered by the Convention. It generally involves DFAT authentication followed by the destination country’s embassy or consulate. Not every receiving authority asks for an apostille or legalisation, so check its instructions before blaming the notary.

DFAT may legalise some Australian public documents directly, without a notary. Private documents, including powers of attorney, declarations, bank statements and company documents, usually need notarisation first. The receiving authority decides whether the document also needs translation, an apostille or legalisation. DFAT explains its document requirements through its documents we can legalise information.

How should you raise the complaint with the notary?

Write by email or letter so there is a clear record. State what happened, identify the document and explain what you think went wrong. Say what outcome you seek, such as a corrected certificate, return of documents, an explanation of a cost or another practical remedy.

1. Describe the notarial act, document and date as accurately as you can.
2. Identify the specific error, omission, loss, conduct issue or cost concern.
3. Attach copies of the relevant documents and any rejection notice.
4. Ask the notary to explain the position and state the result you want.
5. Keep the originals, your letter and every reply in a separate file.
6. Allow a reasonable opportunity for a response before escalating the matter.

Keep your tone factual. If the notary works in a firm, you can also raise the matter with the firm’s principal. A certificate error may be capable of correction, but do not alter the document yourself or remove an attached notarial certificate.

Which regulator handles a complaint about a notary?

Australian notaries are usually experienced solicitors. Complaints about their professional conduct and, in many cases, their costs usually go to the legal services body in the state or territory where they practise. The relevant organisation depends on the jurisdiction, and you should confirm its current process before lodging a complaint.

Jurisdiction	Body commonly handling lawyer complaints
New South Wales	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
Australian Capital Territory	ACT Law Society
Northern Territory	Law Society Northern Territory

The notarial appointment is a separate point. In most Australian jurisdictions, notaries are appointed by the state Supreme Court. In Queensland, notaries are appointed through the Court of Faculties. A complaint about conduct specifically connected with the notarial appointment may also need to be directed to the appointing body.

Regulatory names, powers and complaint routes can change. If you are unsure, contact the legal services regulator in the notary’s state and ask whether the matter belongs there, with the appointing body, or through another process.

How are disputes about notary costs handled?

A notary sets their own professional costs, so a lower price from another notary does not by itself prove that a charge is improper. A stronger concern may arise where the amount differs greatly from a quote, work was charged without being requested, or the account was not explained.

Ask for an itemised account and compare it with the written quote, estimate and instructions. Keep invoices, receipts and messages. The legal services regulator may be able to help with a dispute about a lawyer’s costs and may have a formal costs assessment process. Check its current rules because requirements and limits can apply. See how notary fees are set for the factors that usually affect a bill.

What should you gather before making a complaint?

Organise the evidence before contacting a regulator. Send copies unless the regulator specifically asks for an original. The aim is to show what you asked for, what the notary did, what the receiving authority required and what loss or inconvenience followed.

• The notarised document: include the notarial certificate, or a clear copy if the original is needed elsewhere.
• Your instructions: include messages and information from the embassy, registry, employer, court or other receiving authority.
• The rejection notice: preserve the stated reason rather than relying on memory.
• Cost records: include quotes, estimates, invoices and receipts if the complaint concerns costs.
• Correspondence: keep every letter and email, with dates and attachments.
• Loss records: keep evidence of any financial loss, missed transaction or additional expense.

Do you need a notary for the document involved?

Sometimes the complaint begins because someone was told to obtain notarisation when another authorised person would have been enough. For Australian use, a Justice of the Peace or another authorised person is often sufficient. For Department of Home Affairs matters, a copy certified by an authorised person is usually enough.

A JP is a volunteer witness for Australian purposes. A JP certification is not accepted overseas and cannot be apostilled. If the document is going overseas, confirm whether the receiving authority requires a notary, DFAT authentication or an apostille before paying for a notarial act.

Some Australian public documents may be taken to DFAT directly. A private document generally becomes eligible for DFAT processing only after an Australian notary has notarised it. The correct route depends on the document and receiving authority, not simply on the fact that someone used the word “notary”.

What if the complaint involves a power of attorney or loss?

A complaint about whether a power of attorney, deed, will or declaration is legally valid is different from a complaint about the notary’s conduct. A notary may witness a signature or administer an oath without confirming that the document achieves your legal objective. Ask a solicitor for advice about validity, capacity, property rights or possible recovery of a loss.

If a notary’s error caused a real financial loss, a regulator’s conduct process may not recover that loss. Australian notaries, as practising lawyers, generally carry professional indemnity insurance, but insurance does not itself prove that a claim succeeds. An independent lawyer can advise about evidence, liability and how a claim should be made.

What is an example of a complaint that should be investigated?

Illustration only: you provide an original document and identification, but the returned certificate records the wrong name. You notice the error before sending it overseas, write to the notary with a copy and request correction. If the notary does not resolve the issue, the certificate and correspondence can support a conduct complaint. This illustration creates no deadline or requirement.

By contrast, if the certificate is accurate but an embassy rejects the document because it required an apostille, the problem may be the next step rather than the notarial act. Ask the embassy or receiving authority to identify the missing requirement before deciding whether to complain.

In short: check the rejection reason, raise the issue in writing, preserve every record and escalate to the legal services regulator in the notary’s state or territory when appropriate. Obtain independent legal advice if the matter involves validity or financial loss.

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If you need help reviewing the document trail, send us the document and explain what happened. For a new notarial act, see our document notarisation service information before deciding which authority you need.