How to Notarise a Criminal Record Check in Australia

Overseas employers, visa offices, universities and marriage registries often ask for an Australian police check, and increasingly they ask for it "notarised", "apostilled" or "legalised". Before booking a notary, it is worth working out two things: whether you have the right check, and whether a notary is needed at all. For this document, the second answer is not always yes.

A notary cannot vouch for your record

Only the police can say what is or is not on your record. A notary does not search anything, and cannot certify that you have no convictions.

What a notary can do with a police check is:

• certify a true copy of the original certificate, so you keep the original and send the copy, or send certified copies to several places
• witness your signature on a declaration that goes with it, for example one explaining a name difference or confirming you have lived only in Australia during a given period

Make sure you have the right check

People regularly obtain a check, pay to have it notarised and authenticated, and then learn it was the wrong kind.

• Federal or state. For overseas purposes, authorities most often ask for the Australian Federal Police National Police Check. State and territory police also issue checks. Confirm which one the receiving authority wants before ordering.
• Name-based or fingerprint-based. A standard police check is based on your name and details. Some foreign authorities want a fingerprint-based check instead. If the requirement mentions fingerprints, a standard check will not satisfy it.
• Purpose and names. Apply for the purpose that matches what you are doing, and list every name you have been known by, including former and maiden names. An authority that sees a name on your passport or birth certificate that is missing from the check may reject it.

You may not need a notary

This is the point specific to police checks.

A police check is an Australian public document, issued by a government agency. DFAT can authenticate or apostille some Australian public documents directly, where it can verify the issuing official's signature or seal, without a notary in between. Whether that applies to your check depends on who issued it and the form it is in, so ask DFAT before booking a notary. If the answer is yes, a notary would add cost and nothing else.

A notary typically does come into it when:

• the receiving authority wants a certified copy rather than the original
• your check was delivered electronically and the destination wants a certified, authenticated paper document
• the check has to be accompanied by a sworn or signed declaration
• you need several authenticated copies for several destinations

Checks delivered electronically

Many police checks are now issued as digital certificates. That raises a practical question for everyone further down the line: a printout of a PDF is not an original in the way a paper certificate with a signature and seal is.

Some receiving authorities verify digital checks online and want nothing more. Others want a physical document with an apostille on it. Notaries differ in how they certify a printout of an electronically issued document, and some will word the certificate to describe exactly what they sighted and how. Tell the notary how you received the check, and ask the receiving authority what it will accept, before committing to a route.

Timing matters more than usual

A police check reflects your record on the day it was issued. Many foreign authorities will only accept a check issued within a recent window, often a few months, and the clock may run from the issue date, not from the date of the apostille.

Work backwards from your deadline: when the authority needs the document, how long authentication and any embassy legalisation will take, and therefore when to order the check. Ordering too early can mean doing everything twice.

At the appointment

For a certified copy, bring the original check and photo identification. For a declaration, the person named on the check must attend and sign in front of the notary. Check that the name on the police check matches your passport exactly; if it does not, deal with it through a declaration at the same appointment.

Apostille or legalisation

If the check is going through a notary, the notarial certificate goes to DFAT: an apostille for a Hague Apostille Convention country, or authentication then embassy legalisation for other countries. No notary can issue an apostille, and DFAT will not authenticate a copy certified by a Justice of the Peace.

What it costs

Notarial fees are not fixed by statute and vary between practitioners. As a market estimate only:

• certified copy of the check: roughly $80–$150
• each additional copy at the same appointment: roughly $20–$50
• a declaration witnessed at the same time: usually a separate fee

What drives it up for a police check: a declaration explaining names or residence, several certified copies for several destinations, translation for a non-English-speaking destination, and repeating the whole process because the check expired before it was used. The fee for the check itself is set by the police, and DFAT and embassy fees are separate.

Frequently asked questions

Can a Justice of the Peace certify my police check for overseas use? No. A JP's certification is not recognised abroad and cannot be apostilled.

Can someone else take my check to the notary? For a certified copy, often yes, since the notary is attesting the document. For a declaration, no: you must sign in person.

I also lived in another country. Can an Australian notary help with that country's police certificate? An Australian notary can certify a copy of a foreign certificate after sighting the original. That does not replace any authentication the issuing country requires, which has to be arranged through that country's own system.

How long is my notarised check valid? The notarial act does not expire, but the receiving authority's recency rule applies to the underlying check.