How to Notarise Italian Documents in Australia

Italian documents are proved in Italy, not by an Australian notary. For Australian use you usually need the right civil status record from the comune, an English translation and sometimes a certified copy. A notary matters more the other way, when you sign a procura here for an Italian inheritance or sale, usually followed by a DFAT apostille.

Key takeaways

• Italian civil status records come from the comune where the event was registered. The Italian consulate in Sydney says it does not issue birth, marriage or death certificates.
• The copia integrale, the full copy of the act, is the most complete record and often the safest to order.
• DFAT will not apostille an Italian document. Any apostille on an Italian record is issued in Italy.
• Consular notarial services are for Italian citizens. Others sign a procura before an Australian notary, with an apostille and usually an Italian translation.
• Italian records keep a woman's birth surname after marriage, which often differs from Australian documents.

Do Italian documents need a notary in Australia?

Usually not. An Australian notary can certify that a copy matches an Italian document they have sighted. They cannot vouch for what an Italian comune records. For Australian uses, the work is ordering the right record and having it translated.

For a visa, the Department of Home Affairs generally asks for clear colour scans of the originals and English translations. It asks for certified copies only in some cases. When it does, a copy certified by an authorised person is usually enough. Check the document list for your visa on the Home Affairs immigration site, and see our notary or JP guide for who can certify what.

What DFAT cannot do with an Italian document

DFAT issues apostilles and authentication certificates only on Australian public documents and on the signatures of Australian officials, including notaries. It cannot apostille an Italian birth act or an Italian degree, even as a notarised copy. DFAT's page on documents it can legalise also says it does not deal with foreign education documents.

If an Italian document needs an apostille, it is issued in Italy. The Convention has been in force for Italy since 11 February 1978, as of our last check of the HCCH status table. Check the table on the day. As a general rule, the Prefettura apostilles administrative documents such as comune records. The Procura della Repubblica apostilles judicial documents and acts of an Italian notaio. Australian bodies rarely ask for one on an Italian certificate, and the receiving authority decides.

Certificate, extract or full copy?

A comune can issue a birth, marriage or death record in more than one form, and the names are easy to confuse.

• Certificato. A short certificate with the essential facts, such as name, date and place of birth. It shows little.
• Estratto. An extract with more detail, including some later annotations. A multilingual extract uses standard labels in several languages, including English.
• Copia integrale. A full copy of the act as registered, with every annotation, such as marriages, separations or changes of name.

For identity checks a certificate or extract may be enough. Where parents, later events or exact wording matter, the full copy is safer. That covers citizenship claims, estates, and partner visas where an earlier marriage has ended. Ask the receiving body before you order.

Where do you order Italian records from Australia?

From the comune. The Italian Consulate General in Sydney says plainly that it does not issue birth, marriage or death certificates; you contact the comune where the event was registered. It does issue some consular certificates, such as citizenship and family status certificates, for Italians registered with it.

Italian citizens living abroad are expected to register in AIRE, the register of Italians resident abroad, through their consulate. Events such as a marriage or a child's birth in Australia reach the Italian records only if they were transcribed through the consulate. So if you need an Italian record of an Australian event, check first that it was transcribed.

Italian document	Issued by	Common Australian use
Birth record	The comune where the birth was registered	Visas, citizenship, family claims
Marriage record	The comune where it was registered or transcribed	Partner visas, name changes
Death record	The comune where the death was registered	Estates, superannuation, insurance
Criminal record certificate	A Procura della Repubblica, from the judicial record	Character checks for visas
Divorce or separation decision	The court, or annotated on the act	Proving an earlier marriage ended
Degree and transcript	The Italian university	Skills assessments, employers, study

Do Italian documents need a translation?

Yes, when an Australian body relies on them. Everything in Italian needs an English translation, including stamps, annotations and handwritten notes. A translation made in Australia should be by a NAATI-credentialled Italian translator. One made in Italy needs the translator's full name, address, telephone number and qualifications for Home Affairs. Our NAATI translation guide explains what a certified translation must show.

A multilingual extract makes the translator's job easier but may not replace a translation. Its free-text entries and annotations are usually in Italian only, and Australian bodies generally still expect a complete English translation.

Italian degrees and transcripts

Australian universities, employers and skills assessors usually want certified copies of an Italian degree and transcript, with an English translation. Some ask for the qualification to be verified by the Italian university, or for a statement from Italian authorities about its level. Those steps happen in Italy, not here. An Australian notary can only certify that a copy matches the original in front of them. Where a translation also needs a notarial certificate, see our NAATI translation with notary certification service.

Surnames on Italian records

Italian civil records keep a woman's birth surname after marriage. An Australian passport or licence may show a married name instead. That is not an error, but the documents must be linked. Provide the marriage record, and any change of name documents, so the receiving body can follow the names. If it asks, a statutory declaration can explain the difference.

An Italian criminal record certificate

Home Affairs usually asks for a police certificate from each country where you have lived for a total of 12 months or more in the last ten years since turning 16. Check the current instructions for your visa, including which Italian certificate it wants. For Italy, the certificate comes from the judicial record, the casellario giudiziale, and is issued by a Procura della Repubblica in Italy.

The consulates do not issue it. People living abroad apply to the Procura directly, through someone in Italy, or online where that office allows. Offices differ, so check the one you use. Italian consulates in Australia have also said the certificate should be apostilled in Italy by the Procura. Ask the Australian body whether it needs that. The certificate needs an English translation.

Signing a procura for Italy in Australia

A procura, or power of attorney, is how many Italian Australians let a relative or lawyer handle an inheritance, sell a family house or deal with a bank. Italian notai are strict about its form. Ask the notaio or lawyer in Italy for the wording before you do anything.

The Sydney consulate's notarial page, when we last checked, said its notarial services are exclusively for Italian citizens living abroad, with limited exceptions. It recommended bringing a draft prepared by the Italian notaio or lawyer. For non-Italians, it said a local lawyer or notary is used, the document is apostilled, and a procura made in English needs a translation.

The notary route in practice:

1. Get the wording from the notaio or lawyer, ideally in Italian and English side by side.
2. Check every name, including birth surnames, against the Italian records.
3. Sign before an Australian notary, who checks your identity, your understanding and that you sign freely.
4. Obtain a DFAT apostille on the notary's certificate.
5. Arrange the Italian translation the notaio accepts, if the procura is in English.

For validity questions, see a solicitor or the notaio. Our guides to apostilles for Italy and overseas inheritances cover the Australian steps, and our power of attorney page covers the signing.

Italian pensions and proof of life

Many older Italian Australians receive an Italian pension. Pensioners abroad are generally asked to confirm each year that they are alive, using a form sent on behalf of the Italian pension institute. The letter says who may witness it, and that list may include people other than a notary. Follow it, and watch the deadline, because a missed confirmation can suspend payments. Our proof of life guide explains how these forms are usually completed here.

Here is an illustration, not a real case

Giulia lives in Adelaide and holds only Australian citizenship. Her late father owned a share in a house near Treviso, and her cousin is handling the estate. The notaio asks for a procura so her cousin can sign for her.

Because Giulia is not an Italian citizen, the consulate route is not open to her. The notaio sends the wording in Italian and English. She signs before a notary in Adelaide, DFAT adds the apostille, and the notaio arranges the translation it accepts. Separately, she orders the copia integrale of her father's death act from the comune, because the estate needs its annotations.

In short

Italian documents are proved in Italy: the right record from the comune, often the full copy, a criminal record certificate from a Procura, and any apostille from Italian offices. In Australia you add a NAATI translation and certified copies where asked. A procura can be made at the consulate by Italian citizens, or before an Australian notary with a DFAT apostille by anyone.

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