Can DFAT Apostille a Copy Certified by a JP?

Generally, no. DFAT apostilles originals of Australian public documents and copies notarised by an Australian notary, but a copy certified only by a Justice of the Peace is not on its list. If a foreign body wants an apostille, you usually need to apostille the original, or have a notary make a fresh notarised copy from it.

Key takeaways

• A JP-certified copy is for use within Australia; DFAT generally cannot apostille it.
• DFAT legalises originals of Australian public documents and copies notarised by an Australian notary.
• If you already have a JP copy, the usual fix is to go back to the original.
• A statutory declaration witnessed by a JP has the same problem; declare it before a notary instead.
• Some foreign bodies accept a JP copy without an apostille, so ask what they actually need.

Why won't DFAT apostille a JP copy?

An apostille confirms the signature, capacity and seal of the person who signed a public document. To issue one, DFAT must be able to check that signature against its records. DFAT holds specimen signatures and seals for Australian notaries and for the officials who sign government documents, such as registrars of births, deaths and marriages. That is why its published list of documents it can legalise covers originals issued by Australian government agencies and educational institutions, and copies notarised by an Australian notary.

A JP's certification is not on that list. JPs are valuable domestic witnesses, and their certified copies are widely accepted by Australian agencies, banks and employers, but their role does not extend to preparing documents for DFAT. DFAT's rules for TAFE documents, for example, say plainly that copies certified by a JP or other authorised witness are not accepted. Our guide to a notary or a Justice of the Peace explains the wider difference between the two roles.

Document	Can DFAT apostille it?	What to do instead
Copy certified by a JP	Generally no	Apostille the original or get a notarised copy
Copy certified by a pharmacist or police officer	Generally no	Same as above
Copy notarised by an Australian notary	Yes, usually	Lodge with DFAT
Original Australian government document	Yes, usually	Lodge the original with DFAT
Statutory declaration witnessed by a JP	Generally no	Make the declaration before a notary
Foreign education document	No, even if notarised	Legalise in the issuing country

I already have a JP copy. What now?

This is a common situation. Someone gets a JP to certify a copy, sends it to a foreign body, and is told it needs an apostille. Unfortunately, the JP copy usually cannot be fixed; you need to go back to the original. There are two main options.

First, if the document is an Australian government document, such as a birth certificate, police check or court order, DFAT can usually apostille the original directly. Second, if you need to keep the original, or the document is a private one, such as a bank statement or a contract, take the original to a notary, who can prepare a notarised copy that DFAT can then apostille. Either way, the JP copy is set aside. Our guide to apostilling a notarised copy covers the second route in detail.

What about a statutory declaration witnessed by a JP?

The same problem arises with declarations. A Commonwealth or state statutory declaration witnessed by a JP is perfectly valid in Australia, but DFAT generally cannot apostille the JP's signature. If a foreign body wants a sworn or declared statement with an apostille, such as a declaration of single status, the usual approach is to make the declaration or affidavit before a notary, who can then sign a notarial certificate that DFAT can verify.

The foreign body may also have its own form, or want particular wording. Ask for its template before the appointment. Our guides to statutory declarations and affidavits and notarising an affidavit explain the options.

Can a JP copy be used overseas at all?

Sometimes. Not every foreign body wants an apostille. Some overseas universities, employers or membership bodies accept a JP-certified copy for an initial application, especially where they will check the original later, or where they only want to see the document rather than rely on it legally. DFAT itself notes that many overseas authorities do not ask for legalised documents at all.

So before you pay for a notary and an apostille, ask the foreign body exactly what it needs. If it says "certified copy" without mentioning an apostille, a notary or legalisation, it may accept a JP copy. If it mentions any of those, or you are dealing with a court, registry or government agency abroad, a notarised copy or apostilled original is much safer.

Why do people get this wrong so often?

Partly because the words are confusing. In Australia, "certified copy" usually means a copy signed by a JP or similar witness. Overseas, the same words often mean something more formal, such as a copy certified by a notary, and a foreign body may assume you know the difference. Many online guides also blur the line between JPs and notaries, or suggest a JP copy is enough for everything.

Another reason is cost. A JP certifies copies for free, while a notary charges a fee, so it is natural to try the JP first. That is sensible for Australian purposes, but for a document going overseas, a JP copy that later needs replacing can end up costing more time than going to a notary at the start.

What about copies certified by lawyers or other professionals?

The same principle applies. Lawyers, pharmacists, police officers, accountants and many other professionals can certify copies for Australian purposes, but that does not make their certification something DFAT can apostille. Only a notary's certification is on DFAT's list for copies. A lawyer who is also a notary can, of course, prepare a notarised copy, but they must do so as a notary, with a notarial certificate and seal. Our guide to solicitor or notary certification covers this distinction.

What if the original is overseas or lost?

Sometimes the reason for using a JP copy was that the original was not easy to reach. If the original is held by someone else, such as a bank, a court or a family member, you may be able to borrow it for the notary appointment, or ask the holder to arrange a notarised copy. If the original is an Australian civil record, such as a birth or marriage certificate, and it has been lost, you can usually order a new certificate from the state or territory registry, and DFAT can apostille that.

For documents issued by a foreign country, the position is different. DFAT only legalises Australian public documents, and it does not accept foreign education documents even if notarised here. A foreign original usually needs to be legalised or apostilled in the country that issued it. Check with the foreign body where it expects that step to happen.

Where can you check DFAT's current list?

DFAT publishes the documents it can legalise on Smartraveller's documents page. It sets out the rules for government, university, TAFE, school and private documents, translations and electronic documents. The rules change from time to time, so check the page before you apply, rather than relying on an older guide.

How do you fix a JP copy problem?

1. Ask the foreign body exactly what it needs: an apostille, a notarised copy, or both.
2. Find the original document; the JP copy cannot usually be used.
3. Check whether DFAT can apostille the original directly, if it is an Australian government document.
4. If not, or if you must keep it, take the original to a notary for a notarised copy.
5. Lodge with DFAT for an apostille, or authentication if the country is not a Convention member.

Common mistakes to avoid

Besides relying on a JP copy for an apostille, people often lose time by sending a scan of the JP copy to DFAT, asking a JP to "certify" a foreign document so it can be apostilled, or assuming a JP can witness a statutory declaration for use overseas. Another trap is laminating the original to protect it: DFAT does not accept laminated public documents, so the original may need to be replaced by the issuer. If your original has already been laminated, ask the issuing registry or agency about a replacement.

What does this look like in practice?

Here is an illustration, not a real case. Tom is applying for a residence permit in Spain and sends a JP-certified copy of his Australian police check. The Spanish office replies that it needs the document with an apostille.

Tom still has the original police check. He lodges it with DFAT, which apostilles it directly, because the police check is an Australian government document. No notary is needed. He sends the apostilled original, and the Spanish office accepts it after translation. The JP copy is not used again.

In short

Generally, DFAT cannot apostille a copy certified only by a JP. It apostilles originals of Australian public documents and copies notarised by an Australian notary. If you already have a JP copy, go back to the original: apostille it directly if it is a government document, or have a notary make a notarised copy. Ask the foreign body what it needs first. Our apostille and authentication services page explains how this works with us.

People also search for

• Should you use a JP or a notary in NSW?
• Which documents can be apostilled in Australia?
• How does a notary certify a true copy?
• Who can witness a statutory declaration?
• How does DFAT authentication work?

Holding a JP copy that a foreign body has refused? Send us the foreign body's instructions, and we will explain each step before you book.