What 'Notarised by an Australian Notary Public' Means

When a foreign body asks for a document "notarised by an Australian notary public", it wants an Australian notary to perform a notarial act on it, usually witnessing your signature or certifying a copy, and to attach a signed and sealed notarial certificate saying so. It does not mean the notary confirms the contents are true.

Key takeaways

• "Notarised" means an Australian notary has performed a notarial act and recorded it in a notarial certificate with their signature and seal.
• The most common acts are witnessing a signature, certifying a copy and administering an oath or affirmation.
• A notary confirms identity and what happened, not that the document's contents are true.
• "Notarised" and "apostilled" are different steps. If the instructions ask for both, the notary acts first and DFAT adds the apostille.
• A JP's certification is not notarisation. Foreign bodies that ask for a notary will generally not accept a JP.

What does "notarised" actually mean?

To notarise a document is to have a notary public perform a notarial act on it and record that act in a formal certificate. The act depends on what the foreign body needs. For a power of attorney or declaration, it is usually witnessing your signature after checking who you are. For a passport or degree, it is usually certifying that a copy matches the original the notary has seen. For an affidavit, it is administering the oath or affirmation.

The notary then prepares a notarial certificate, signed and sealed, stating what was done, when, and with whom. That certificate is what gives the document its weight overseas. Foreign authorities cannot check an Australian JP or witness, but they can rely on a notary's certificate, and they can have the notary's signature verified through DFAT. Our guide to what a notary public does covers the role more broadly.

What is in a notarial certificate?

A notarial certificate is usually a separate page attached to your document, though sometimes it is an endorsement written or stamped directly on it. Its wording varies with the act and the destination country, but it generally records the same core facts.

Where the certificate is a separate page, it is usually fastened to your document so that pages cannot be added or removed without it showing, often with an eyelet, ribbon or seal across the pages. Do not unfasten a notarised document to scan or copy it, because that can make it unusable. Our guide to why notaries bind documents explains the reasons.

What does notarisation not prove?

This is the most misunderstood point. A notary does not confirm that what a document says is true, accurate or legally effective. When a notary witnesses your signature, the certificate confirms that you, having proved your identity, signed in the notary's presence. When a notary certifies a copy, the certificate confirms that the copy matches the original the notary saw, not that the original is genuine or correct.

A notary also checks that you appear to understand the document and are signing freely, and may decline if not. But the notary is not advising you on whether the document is a good idea or legally valid in the other country. For that, you need a lawyer in the country where the document will be used. Our guide to the legal effect of a notarial certificate goes into more detail.

Is notarised the same as apostilled or legalised?

No. These are separate steps that often go together, and foreign instructions sometimes use the words loosely. Notarisation is what the Australian notary does. An apostille is a certificate from DFAT confirming the notary's signature and seal, used for countries that are parties to the Hague Apostille Convention. Legalisation is the longer route for countries outside the Convention: DFAT authenticates the notary's signature, and then the country's embassy or consulate legalises the document.

Only DFAT issues apostilles and authentications in Australia; a notary cannot. So if the instructions say "notarised and apostilled", you need both the notary and DFAT, in that order. Check the country's position on the HCCH status table on the day, because membership changes. Our guide to which documents can be apostilled explains the DFAT step.

How do you read the foreign body's instructions?

Foreign instructions are often translated or written by people unfamiliar with Australian practice, so the same requirement may be phrased in several ways. The table maps common phrases to what they usually mean in Australia. If the wording is unclear, ask the foreign body before you book anything.

The instruction says	It usually means	Who does it
"Notarised by a notary public"	A notarial act and certificate	An Australian notary
"Certified true copy by a notary"	A notary certifies a copy against the original	An Australian notary
"Signed before a notary"	The notary witnesses your signature	An Australian notary
"Notarised and apostilled"	Notarial certificate, then an apostille	A notary, then DFAT
"Legalised" or "attested by the embassy"	Notarised, authenticated, then legalised	A notary, DFAT, then the embassy
"Certified copy" for an Australian body	A domestic certified copy	Often a JP, free of charge

What will the notary need from you?

A notary cannot notarise a document they know nothing about, or a signature they did not see. Expect to be asked for original photo identification, the original of anything to be copied, the unsigned document itself, and the foreign body's instructions. Some countries also want the notary's certificate in a particular language or form, or want a translation attached, so bring anything the foreign body has sent about that.

The notary will usually ask a few questions to be satisfied that you understand the document and are acting freely, and may speak to you alone if someone else is involved. If English is not your first language, an interpreter may be needed. Our guide to ID accepted for notarisation lists what to bring.

How do you get a document notarised?

1. Read the foreign instructions and note whether they ask for notarisation only, or also an apostille or legalisation.
2. Do not sign the document before the appointment if the notary is to witness your signature.
3. Book a notary, and ask what identification, originals and pages to bring.
4. Attend with everything, and let the notary check your identity and understanding.
5. Keep the document fastened, and send it to DFAT if an apostille or authentication is required.

What if you have already signed the document?

If the notary's job is to witness your signature and you have already signed, the notary cannot certify that they saw you sign. Usually the answer is to sign a fresh copy in front of the notary, or, if that is not possible, for the notary to take an acknowledgment that the signature is yours, where the foreign body accepts that form. Whether it does depends on the country and the document. Our guide to what to do if a document is already signed covers the options.

Why do foreign bodies insist on a notary?

A bank in Madrid or a court in Mumbai has no way to know whether an Australian JP, pharmacist or police officer is who they say they are, or whether their signature is genuine. Notaries solve that problem. The office of notary exists in most legal systems, so foreign authorities understand what a notarial certificate is, and the notary's signature and seal can be verified through DFAT's apostille or authentication. That chain of verification is what the foreign body is really asking for.

It also explains why a notarised document from Australia can be rejected for reasons that have nothing to do with the notary: the wrong document, a missing apostille, a translation the foreign body will not accept, or a name that does not match a passport. Checking the instructions carefully before the appointment avoids most of these. Our guide to what happens when a document is rejected by an embassy covers the common causes.

What does this look like in practice?

Here is an illustration, not a real case. Lena lives in Adelaide and has been asked by a Spanish bank to provide a copy of her passport "notarised by an Australian notary public and apostilled".

She first tries a JP, who certifies a copy for free, but the bank rejects it. She then books a notary, brings her passport, and the notary certifies a copy against the original and attaches a notarial certificate with signature and seal. Lena sends the notarised copy, still fastened, to DFAT for an apostille, and posts both to the bank, which accepts them.

In short

"Notarised by an Australian notary public" means an Australian notary has performed a notarial act, such as witnessing your signature or certifying a copy, and attached a signed and sealed notarial certificate recording it. It confirms identity and what happened, not that the contents are true. An apostille or legalisation is a separate step that DFAT, and sometimes an embassy, adds afterwards.

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Received instructions asking for a document notarised in Australia? Send us the instructions you were given, and we will explain each step before you book.