Using an Interpreter at a Notary Appointment

If you are not confident in English, you will usually need an interpreter at a notary appointment, because the notary must be satisfied that you understand the document and what you are swearing or signing. The interpreter should be independent and qualified, ideally NAATI certified, not a relative who benefits from the document. The notary normally records who interpreted.

Key takeaways

• A notary must be satisfied you understand the document and the appointment. If they cannot be, they may decline.
• An interpreter works with spoken or signed language at the appointment; a translator works with the written document. You may need one, the other, or both.
• Choose an independent interpreter, ideally NAATI certified. A family member, and especially one who benefits, is a poor choice.
• The notary usually records the interpreter's name and credential, and may ask them to sign a statement or swear to interpret faithfully.
• Auslan and other sign language interpreters are available for Deaf signatories.
• Tell the notary when you book, so the appointment allows time for interpreting.

Why would you need an interpreter?

A notary does not only watch you sign. Before witnessing a signature or taking an oath, the notary confirms who you are, that you have capacity, that you understand what the document does, and that you are acting freely. The Attorney-General's Department describes the same core checks for witnesses of statutory declarations in its information for witnesses: the person must understand what they are doing and the consequences, and must not be under coercion.

All of that happens in conversation. If the notary cannot talk with you clearly, they cannot be satisfied of those things, and a responsible notary will not proceed on guesswork. An interpreter makes the conversation possible. It also protects you: a document signed by someone who did not understand the notary's questions is exposed to challenge, and the person most likely to be harmed by a misunderstanding is you.

You do not need to be unable to speak English to benefit from an interpreter. Many people manage daily life well in English but are less sure of legal language, such as the powers in a power of attorney or the consequences of a false affidavit. If you would feel more confident in your own language, say so.

Interpreter or translator?

The two are often confused. An interpreter works in real time with spoken or signed language: they interpret the notary's questions to you and your answers back, and can read an English document aloud to you in your language. A translator works with written text, producing a written version of a document in another language, usually certified. NAATI credentials the two separately.

Which you need depends on the document and the people involved. If the document is in English and you do not read English well, an interpreter can read it to you in your language at the appointment. If the receiving authority wants a written translation, that is a translator's job, arranged before or after. If the document is in your language and the notary does not read it, the notary may need a translation to understand what they are notarising; our guide to notarising a foreign language document explains how that works.

Who should interpret?

Someone independent and qualified. NAATI is the national standards and certifying authority for translators and interpreters in Australia. Its interpreting credentials run from Recognised Practising Interpreter and Certified Provisional Interpreter, through Certified Interpreter, to specialist credentials, including a Certified Specialist Legal Interpreter credential for legal settings. For some languages, fewer levels are available. NAATI's online directory lets you search for certified practitioners by language and check a practitioner's credential.

A NAATI certified interpreter is bound by a professional code of ethics, including accuracy and impartiality. That is what makes them valuable here: they interpret everything, including what you might prefer not to hear, and they have no interest in the outcome.

Can a family member or friend interpret?

Sometimes, but it is the weakest option, and some notaries will not accept it for important documents. A relative may soften questions, answer for you, or summarise rather than interpret. And if the relative benefits from the document, for example as the attorney you are appointing or a buyer of your property, the notary cannot be confident they are interpreting neutrally, and anyone challenging the document later will say they were not.

A support person is still welcome at the appointment. The point is that the person interpreting should not be the person who gains. If a qualified interpreter is not available in your language, discuss the options with the notary before the appointment, not on the day.

Interpreter	Independent?	Qualified?	Usually suitable?
NAATI certified interpreter	Yes	Yes	Yes, the best choice
NAATI Recognised Practising Interpreter	Yes	Recognised, usually in languages without a certification test	Usually, where no certified interpreter exists
Bilingual friend with no interest	Mostly	No	Only if the notary agrees
Relative who benefits from the document	No	No	Avoid
The other party or their agent	No	Varies	Avoid

What does the interpreter do at the appointment?

Everything said between you and the notary goes through the interpreter. The notary asks about your identity, the document and your understanding of it; the interpreter interprets each question and your answer. If the document is in English and you do not read English, the interpreter usually reads it to you in your language, often called sight translation, so you hear the whole document, not a summary.

If you are swearing an affidavit or making an oath or affirmation, the interpreter interprets the words of the oath or affirmation, and you say them in your language. Some notaries also ask the interpreter to swear or affirm that they will interpret faithfully, or to sign a short statement afterwards confirming that they interpreted the document and the appointment accurately and that you appeared to understand.

The interpreter does not advise you about the document, does not tell you whether to sign, and does not answer for you. If you do not understand something, ask; the interpreter will put your question to the notary.

What does the notary record?

Notaries commonly record in the notarial certificate, or in a note attached to it, that the document was interpreted to you, by whom, in which language, and the interpreter's credential. The act is also entered in the notary's register, which is kept permanently. If the interpreter signs a statement, it may be attached to the document.

For court affidavits, check the court's rules or ask the solicitor who prepared it; courts often have their own requirements for affidavits made through an interpreter. For documents going overseas, ask the receiving authority whether it wants anything specific, such as the interpreter's own sworn statement. If the document then needs an apostille, DFAT certifies the notary's signature and seal, not the interpretation, so the certificate itself has to carry that record.

Can the interpreter join by phone or video?

Sometimes. Whether a notary will proceed with an interpreter on the phone or by video, while you and the notary are in the same room, is the notary's decision, and it depends on the document and how confident they can be that the interpretation is accurate. For an important document, many prefer the interpreter to be present. Whether the receiving authority accepts it is another question. Ask both before booking the interpreter.

What about Auslan and Deaf signatories?

NAATI credentials Auslan interpreters, and also Deaf interpreters and Deafblind interpreters, who work with Deaf and Deafblind people in their preferred communication. If you are Deaf, the same principles apply: an independent, qualified interpreter, time set aside, and a record in the certificate. Tell the notary when you book, so the room and timing work for the interpreter too.

How do you prepare?

1. Tell the notary when you book. Say which language, and whether you also need the document translated.
2. Ask what interpreter the notary accepts. Some want a NAATI certified interpreter for particular documents.
3. Book the interpreter. Search NAATI's online directory or use an interpreting agency, and confirm their credential.
4. Send the document in advance. The interpreter can prepare for legal terms if they see it first.
5. Check the receiving authority's requirements. Ask whether it wants an interpreter's statement or a written translation.
6. Bring photo ID and the unsigned original. Both you and the interpreter may be asked for ID.

Common mistakes to avoid

The most common mistake is bringing a relative who is named in the document to interpret it. The second is assuming a translation of the document replaces an interpreter at the appointment; the notary still has to talk with you. The third is booking an interpreter without telling the notary, so the appointment is too short. The fourth is signing before the appointment, which a notary cannot witness; our guide to documents already signed explains the options.

Here is an illustration, not a real case.

Mr Chen, who speaks Mandarin, needs to swear an affidavit in English for a family matter in Hong Kong. His daughter offers to interpret, but she is a party to the matter, so he books a NAATI certified Mandarin interpreter instead and tells the notary. At the appointment, the interpreter reads the affidavit to him in Mandarin and interprets the oath. The notary records the interpreter's name and credential, and the interpreter signs a short statement that is attached.

In short

If you are not confident in English, bring an interpreter to a notary appointment, because the notary must be satisfied you understand. Use someone independent and qualified, ideally NAATI certified, not a relative who benefits. The interpreter interprets the conversation and can read the document to you; a translator handles written translations. The notary records who interpreted. Our NAATI certified translation with notary page covers written translations of the document itself.

People also search for

• Can I notarise a document in another language?
• Do I need a NAATI certified translation?
• How does a notary check understanding?
• How do I swear an affidavit before a notary?
• How do I notarise a power of attorney?

Need a document notarised with an interpreter present, or translated as well? Tell us the language and where the document is going, and we will explain each step before you book.