JP or Notary in NSW: Who Can Witness Your Document?

In NSW, a Justice of the Peace is usually the right choice for documents used in Australia, and a notary public for documents going overseas. A JP is a free volunteer who witnesses statutory declarations and affidavits and certifies copies. A notary's acts are recognised abroad and can be apostilled.

Key takeaways

• Ask first where the document is going. For Australian use a JP is often enough; for overseas use you usually need a notary.
• NSW JPs are volunteers and do not charge. Notaries are senior lawyers and charge for their work.
• A JP's certified copy or signature is generally not accepted overseas and cannot be apostilled by DFAT.
• Some NSW documents, such as enduring powers of attorney, must be witnessed by particular people, and a JP is generally not one of them.
• The body that receives your document has the final say. Read its instructions before you book anyone.

What can a JP do in NSW?

A Justice of the Peace in NSW is a member of the community appointed by the NSW Government to witness documents. JPs volunteer their time and do not charge. Their everyday work is witnessing statutory declarations and affidavits and certifying that copies match original documents they have sighted.

A JP checks your identity and watches you sign, but does not give legal advice, does not prepare documents for you, and does not confirm that what you have written is true. JPs can be found at community JP desks, some libraries and council offices, and through the NSW Government's JP register. Availability varies, so check before you go.

Because a JP is a domestic witness, their certification is designed for use within Australia. Most Australian government agencies, banks, universities and employers accept it where they ask for a certified copy or a witnessed declaration.

What does a notary do in NSW?

A notary public in NSW is an experienced lawyer appointed by the Supreme Court of NSW to perform notarial acts. A notary witnesses signatures, certifies copies, administers oaths and prepares notarial certificates, mostly for documents that will be used overseas. A notary checks your identity and that you understand what you are signing, keeps a permanent record of each act, and may decline if something is not right.

The key difference is recognition. Overseas authorities recognise a notary's signature and seal, and DFAT can authenticate it or add an apostille. A JP's signature cannot be apostilled. So when a foreign court, bank, registry or consulate asks for a document to be notarised, a JP cannot stand in for a notary, however convenient. Our guide to notaries and JPs covers the difference in more depth.

Which NSW documents need a JP, a notary or someone else?

The table below shows the usual answer for common documents. It is a starting point, not a rule: the instructions from the body that receives the document always come first.

Document	Usually witnessed by	Why
NSW statutory declaration	A JP, solicitor or other authorised witness	Used within NSW, so a domestic witness is enough
Commonwealth statutory declaration	Anyone on the Commonwealth list of approved witnesses	The Commonwealth list is wide and includes JPs
Affidavit for a NSW court	A JP, solicitor or other authorised person	Court rules decide, so check the court's instructions
Certified copy for Home Affairs	A JP or other authorised person	For Australian use, a notary is usually unnecessary
Enduring power of attorney	A prescribed witness, such as a solicitor	NSW sets a narrow list of eligible witnesses
Document for use overseas	A notary, then DFAT if asked	Only a notary's act can be authenticated or apostilled

NSW or Commonwealth statutory declaration: does it matter?

Yes. Australia has more than one form of statutory declaration. A NSW statutory declaration is used for NSW matters, such as some NSW government and court purposes. A Commonwealth statutory declaration is used for Commonwealth matters, such as many federal agencies, and is the form Home Affairs usually expects. Each has its own form and its own rules on who may witness it.

Using the wrong form is one of the most common reasons a declaration is sent back. Before you sign, check which form the receiving body asks for. The Attorney-General's Department publishes the Commonwealth form, the list of approved witnesses and the options for making a Commonwealth declaration, which in some cases can now be made digitally. See the Commonwealth statutory declarations page, and our guide to who can witness a statutory declaration.

Which NSW documents need a particular witness?

A few important NSW documents cannot be witnessed by just anyone, and a JP is generally not an eligible witness for them. The best-known examples are enduring powers of attorney and appointments of enduring guardian, where NSW sets out a list of eligible witnesses, such as solicitors and certain court officers. The witness also signs a certificate about your understanding of the document.

These rules exist to protect people who may later lose capacity, so they are applied strictly. A document witnessed by the wrong person can be refused when it is needed most. Check the current list of eligible witnesses with the NSW Trustee and Guardian or a solicitor before you sign, and see our guides to powers of attorney and enduring guardianship forms. Wills and property documents also have their own formal requirements; speak to a solicitor about those.

What if you cannot find a JP?

JPs are volunteers, so their availability varies by suburb, day and time. If you cannot find one, check who else the receiving body accepts before you pay anyone. Many Australian bodies accept certified copies and witnessed declarations from a range of people, such as solicitors, pharmacists, police officers or other professionals named on their own lists, and the Commonwealth list of approved witnesses for statutory declarations is broad.

A notary can also witness most Australian documents, because notaries are usually solicitors as well. That is sometimes the practical answer when time is short, but it is rarely necessary for a document that stays in Australia. Paying for a notary where a free JP would do is one of the most common and avoidable costs we see. Our guide to solicitor or notary certification compares the options.

When do you need a notary in NSW?

You need a notary when a document is going overseas and the foreign body wants it notarised, certified by a notary, or apostilled. Common examples are powers of attorney for property abroad, affidavits for foreign courts, certified copies of passports and degrees for overseas employers or universities, company documents for foreign registries, and declarations for overseas pension funds.

In each case the notary witnesses or certifies the document and attaches a notarial certificate. If the foreign body also wants an apostille or authentication, DFAT adds it afterwards; a notary cannot issue an apostille. Our guide to which documents can be apostilled explains that step, and notary public in Sydney covers practical questions for people in Sydney.

Can documents be witnessed remotely in NSW?

NSW allows some documents to be witnessed by audio-visual link, under conditions set by NSW law, and the rules have changed several times since 2020. Whether a particular document can be witnessed that way, and whether the body receiving it will accept it, are separate questions, and both need checking.

For documents going overseas, the foreign body decides whether it accepts a remotely witnessed act, not Australian law. Many do not. If a document is headed abroad, ask the receiving body before you arrange a video appointment. Our remote notary guide explains what to ask.

How do you prepare for a JP or notary appointment?

1. Read the instructions from the body receiving the document, and note who must witness it and in what form.
2. Do not sign in advance. Leave the document unsigned until you are in front of the witness.
3. Bring original photo identification, such as a passport or driver licence, and any other ID the witness asks for.
4. Bring the originals of anything to be certified, not photocopies or scans.
5. Bring every page, including blank pages, annexures and exhibits, kept in order.

What does this look like in practice?

Here is an illustration, not a real case. Priya lives in Parramatta. In the same month she needs a Commonwealth statutory declaration for a partner visa, certified copies of her passport for a NSW university, and a power of attorney so her brother can sell a flat in India.

She takes the declaration and the passport copies to a JP at her local library, free of charge, because both are for Australian use. For the power of attorney, which is going to India, she books a notary, who witnesses her signature and attaches a notarial certificate. She then sends it to DFAT for an apostille, as the Indian lawyer asked.

In short

In NSW, use a JP for most documents that stay in Australia, a notary for documents going overseas, and a prescribed witness, such as a solicitor, for enduring powers of attorney and guardianship. Check whether a declaration should be on the NSW or Commonwealth form, and follow the receiving body's instructions over any general rule.

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Not sure whether your document needs a JP, a notary or another witness? Send us the instructions you were given, and we will explain each step before you book.