How to Become a Notary Public in Australia
Table of contents

To become a notary public in Australia, the usual path is admission and substantial practice as a lawyer, any notarial education required locally, and a formal application under your state or territory's arrangements. The exact eligibility test, course and appointing process are jurisdiction-specific, so confirm them with the responsible court, board or notarial society before applying.

Key takeaways

  • An Australian notary is an experienced lawyer holding a formal appointment, not a commissioned lay witness as in most US states.
  • The general route is admission and practice, required notarial study, application and appointment, followed by the local steps needed to begin practice.
  • Each state and territory sets its own requirements. Year counts, prescribed courses and fees differ and have changed, so this page gives none of them.
  • Queensland is different: its notaries are appointed through the Court of Faculties of the Archbishop of Canterbury in England, so start with the Society of Notaries of Queensland.
  • If you are not a lawyer, the realistic alternatives are to become one, or to look at a different office such as Justice of the Peace.

If you arrived from an American website

If you have arrived here from an American website, the first thing to know is that becoming a notary public in Australia is a different undertaking altogether. In most US states a notary is a commissioned lay witness: a short course, an application form, a fee. In Australia, a notary public is a senior lawyer appointed under the law of their state or territory. The office is closer in function to the civil-law notary of Europe and Latin America, although not identical to it.

This page explains the general route to becoming a notary in Australia, why the office is built the way it is, and where to find the rules that apply in your jurisdiction. It deliberately does not state year counts, course names or fees, because those are set by each state and territory and have changed over time. Check them with the appointing body before you plan around them.

Same word, different officeA typical US notary is a commissioned lay witness after a short course and application. An Australian notary is an experienced lawyer appointed under state or territory arrangements, with acts DFAT can apostille.Same word, different officeTypical US notaryLay commissioned witnessShort course and formNo law degree neededMainly domestic useAustralian notaryExperienced lawyerFormal appointmentPrescribed notarial studyActs used overseas
US rules vary by state, and a few differ from this general picture. The Australian office is built for documents crossing borders.

Can anyone be a notary in Australia?

No. The common shape across Australian jurisdictions is that notaries are drawn from experienced legal practitioners. In practice that means you must be admitted as a lawyer and have practised for a period before you can apply.

That answers two common questions at once.

Can I become a notary without a law degree? Not through the ordinary Australian appointment pathways. The route runs through admission to legal practice, which itself requires the qualifications and practical training accepted by the relevant admissions authority. If you are not a lawyer, the realistic options are to qualify and be admitted, or to consider a different office such as Justice of the Peace. A JP performs a different domestic role and is not a general substitute for a notary when a foreign recipient requires a notarial act.

Can I become a notary online? You may be able to study some or all of a prescribed notarial course by distance, where the course provider offers that. The appointment itself is made on application under your jurisdiction's arrangements, not bought or granted online. A website offering an "Australian notary commission" for a fee is offering something that does not exist.

The general route to appointment

Each state and territory sets its own requirements, but the stages look broadly like this.

  1. Be an admitted, practising lawyer of the required standing. Jurisdictions set their own practice requirements. For example, the current NSW Public Notaries Act requires at least five years' standing, while the responsible authority still decides whether an applicant satisfies the complete appointment pathway. Treat one jurisdiction's number as an example, not a national rule.
  2. Complete the prescribed notarial study. Most jurisdictions require applicants to complete a course in notarial practice. This is the "notary public course" people search for. It typically covers the law and history of the office, the forms of notarial acts and certificates, private international law, authentication and legalisation, and professional obligations. Which course is prescribed, and whether an alternative is accepted, depends on the jurisdiction.
  3. Apply for appointment. In most states and territories the application goes to the Supreme Court. In Queensland, notaries are appointed by the Archbishop of Canterbury through the Court of Faculties in England, so Queensland applicants should start with the Society of Notaries of Queensland. The application usually shows your admission and practice history, completion of the course, and your fitness to hold the office. Depending on the jurisdiction, it may involve supporting material from a notarial society or law society, notice of the application, or evidence about the need for a notary. The form of the application and any fee are set by the appointing body.
  4. Be appointed. If the appointing body is satisfied, the appointment is made and recorded in the way that jurisdiction requires. For comparison, the Supreme Court of Victoria's appointment guidance confirms that Victorian candidates must have practised law for more than five years and satisfy the Victorian Legal Admissions Board requirements.
  5. Complete the post-appointment steps. These may include entry on a roll, obtaining a notarial seal, professional insurance or society requirements, and providing DFAT with the signature and seal information it needs to verify notarial acts. Confirm the sequence locally before accepting work.
The general routeFive stages: admission and practice as a lawyer, notarial study, application to the appointing body, appointment and entry on the roll, and setting up with a seal and a DFAT specimen.The general route1PractiseAdmittedlawyer, withexperience2StudyThe prescribednotarialcourse3ApplyTo yourappointingbody4AppointedEntered onthe roll ofnotaries5Set upSeal, and aspecimenwith DFATDetails differ by state and territory: check yours
The shape is common across Australia. The years of practice, the course and the application process are set locally.

Where to find your jurisdiction's rules

Because the requirements are local, the useful question is not "how do I become a notary in Australia" but "how do I become a notary in my state or territory". Three sources answer it better than any website summary, this one included.

  • The appointing body. In most jurisdictions that is the Supreme Court, whose registry can point you to the current rules and application form. In Queensland, the route runs through the Court of Faculties, and the Society of Notaries of Queensland explains how applications are made.
  • The state or territory notarial society. It will know the current requirements, which course is accepted, and how applications are handled in practice.
  • The legislation and court rules themselves. The current versions are published on the relevant government legislation site. Read the rules, not a summary.

If you are admitted in one jurisdiction and practise in another, ask where you should apply. Whether and how a notary may act outside the jurisdiction of appointment is also governed by local rules, and should be confirmed rather than assumed.

Why the office is built this way

The requirements are not gatekeeping for its own sake. They are why an Australian notarial act is accepted by officials in Lisbon or Shanghai who have never heard of the notary.

The appointment can be reviewed. A notary who breaches the obligations of the office, for example by acting in a conflict or certifying something they did not witness, risks losing it. The standard is enforced by the body that conferred it.

The appointment is on a record. The appointing body keeps a roll of those it has appointed, so whether someone is a notary is a checkable fact rather than a claim on a website.

DFAT verifies signatures and seals. For a notarised document, DFAT must be able to verify the notary's signature and seal before issuing an apostille or authentication. The official Smartraveller guidance distinguishes eligible original Australian public documents from other documents that generally need notarisation first. This is why a domestic witness such as a JP is not automatically interchangeable with a notary for an overseas transaction. See apostille and authentication.

The register outlasts the file. Notaries keep a permanent register of their acts: what was done, for whom and when. It lets a notarised document be checked years later, long after the client's own file has gone.

Queensland's arrangement is itself a clue to the office's history. Australian notarial practice descends from the English tradition, in which notaries were appointed through the Archbishop of Canterbury's Faculty Office. Most Australian jurisdictions now appoint through their own courts; Queensland kept the older link.

What notaries do once appointed

An Australian notary's core work is certifying copies of documents, witnessing and attesting signatures, and administering oaths and affirmations, mostly for documents used overseas. That includes attesting powers of attorney and company documents, certifying copies of academic and identity documents, and taking affidavits for foreign proceedings. Many notaries also help clients through the DFAT apostille or authentication step. See what a notary public does.

When certifying a true copy, a notary confirms that the copy corresponds with the original sighted; that act does not, by itself, prove every statement in the underlying document is true. A notary may decline an act if they are not satisfied about identity, understanding, authority or freedom from pressure. See when a notary can refuse.

Being a notary does not stop you practising as a solicitor, and most Australian notaries combine the two. But the powers are separate: being a solicitor confers no notarial powers, and a notarial act is not legal advice.

Notary, solicitor or Justice of the Peace?

QuestionNotary publicSolicitorJustice of the Peace
Appointed or admitted byState or territory arrangements; in most the Supreme Court, in Queensland the Court of FacultiesAdmitted to practise; holds a practising certificateState or territory government
Documents for overseas useCommonly; eligible acts may proceed to DFAT legalisationNot merely by signing as a solicitorOnly where the receiving authority accepts that domestic witnessing or certification
Gives legal adviceOnly if also practising as a lawyerYesNo
ChargesYesYesNo; volunteer

Before you apply

Before you applySix checks: talk to the notarial society, read the appointing body's rules, confirm your practice meets the minimum, identify the prescribed course, think about the work, and ask for current costs.Before you applyTalk to your state's notarial societyRead the appointing body's current rulesConfirm your practice meets the minimumIdentify the prescribed courseAsk for current course and application costsDecide whether the work suits you
Every item is answered by the appointing body, the notarial society or the course provider, not by a website.
  • Talk to your state's notarial society. It will know the current requirements, which course is accepted, and how applications are handled in practice.
  • Read the appointing body's own rules, not a summary on a website.
  • Think about the work. Notarial practice is precise and document-heavy. It suits lawyers who enjoy formality, careful identity checks and cross-border problems, and who are comfortable declining an act when something is not right.
  • Budget for the course, the application, a seal and ongoing obligations. Ask the course provider and the appointing body for current figures; we do not publish them because they change.
  • Ask about continuing obligations. Arrangements around renewal, returns, insurance and continuing education differ by jurisdiction.

Here is an illustration, not a real case

A solicitor in Perth has practised commercial law for some years and notices that clients keep asking for company documents to be prepared for use in Asia. She assumes she can register as a notary through a form. Instead, she contacts the notarial society in her state, learns the current minimum period of practice and which course is accepted, and checks the court rules herself. She completes the course by distance while practising, applies with evidence of her admission, practice history and fitness, and is appointed. Before accepting her first overseas instruction, she obtains a seal and lodges her specimen signature and seal with DFAT, because without that specimen her certificates could not be apostilled.

In short

Becoming a notary public in Australia is a step taken by experienced lawyers, not a commission anyone can buy. The shape is common: admission and practice, prescribed notarial study, an application under your jurisdiction's arrangements, appointment, then a seal and a DFAT specimen. The details are local, so ask your appointing body and notarial society before you plan. If you are not a lawyer, becoming one, or serving as a Justice of the Peace, are the realistic paths.

If you are considering appointment, verify the current pathway with your jurisdiction's appointing body and notarial society. If you instead need a document notarised, send us the document type, destination country and deadline so we can identify the appropriate document process.

Frequently asked questions

Can I become a notary in Australia without a law degree?

Not in the ordinary course. The route runs through admission to legal practice and a period of practice. If you are not a lawyer, the realistic options are to become one or to consider a different office such as Justice of the Peace.

Can I become an Australian notary online?

You may be able to study a prescribed notarial course by distance, where the provider offers that. The appointment itself is made on application under your jurisdiction's arrangements and cannot be bought or granted online.

Who appoints notaries in Australia?

It depends on the state or territory. In most, notaries are appointed by the Supreme Court. In Queensland, they are appointed by the Archbishop of Canterbury through the Court of Faculties in England.

How long does it take to become a notary in Australia?

The long part is the years of legal practice that come first. After that, the course and the consideration of the application each take time; ask the course provider and the appointing body for current timeframes.

What is covered in a notary public course?

Typically the law and history of the office, the forms of notarial acts and certificates, private international law, authentication and legalisation, and professional obligations. Which course is prescribed depends on the jurisdiction.

Why must a new notary lodge a specimen with DFAT?

DFAT issues apostilles and authentication certificates by comparing a document's signature and seal against a specimen it holds. Without a specimen, a notary's documents cannot be apostilled for use overseas.

Do notaries have to renew their appointment?

Arrangements around renewal, returns, insurance and continuing obligations differ by jurisdiction. Ask the appointing body or the notarial society in your state or territory.

Can a notary appointed in one state act in another?

Australian notarial acts are relied on nationally and abroad in practice. Whether and how a notary may act outside the jurisdiction of appointment is governed by that jurisdiction's rules and should be confirmed.

Can I check that someone is really a notary?

Yes. Appointment is a matter of record with the body that made it, and notarial societies keep listings of members.

Is an Australian notary the same as a US notary?

No. A US notary is typically a lay commissioned witness. An Australian notary is an experienced lawyer whose acts are recognised internationally, closer in function to the civil-law notary, though not identical to it.