Notary and Apostille Services in Australia: A Guide
Table of contents
An Australian document going overseas may need a notary, DFAT legalisation, an embassy step, or none of them. The correct route depends on the document and the receiving authority's written instructions. Eligible original Australian public documents can often go directly to DFAT; private documents generally need notarisation first if DFAT legalisation is required.
Key takeaways
- A notary may witness signatures, certify copies, administer oaths and record other facts within the particular notarial act. A notary cannot issue an Australian apostille.
- Only DFAT legalises Australian public documents in Australia by issuing apostilles or authentication certificates.
- Eligible original Australian public documents, such as many registry and government documents, can usually go to DFAT without prior notarisation.
- Private documents must be notarised first when they are to be legalised by DFAT, but a recipient may ask for notarisation alone or no legalisation.
- Ask which certificate the recipient wants and check the HCCH status table, including entry-into-force dates and any declarations.
What each step certifies
People often talk about "getting an apostille" as if it were one service. It is a chain, and each link certifies something different.
Notarisation. An Australian Notary Public may witness execution, certify a copy, administer an oath or perform another notarial act. The notarial certificate should state what the notary actually did; it is not a blanket guarantee that every statement in the underlying document is true.
Apostille. DFAT issues this certificate after checking an eligible signature, stamp or seal on an Australian public document against its records. It does not validate the document's substantive contents. An apostille is designed for use under the Hague Apostille Convention, but the recipient should still confirm that this is the certificate it requires.
Authentication and further legalisation. Where an apostille is not the route requested, DFAT may issue an authentication certificate. The destination's embassy or consulate may then perform a further legalisation step under its own procedure. Confirm the order directly; country-specific rules and exemptions can change.
Which path does your document take?
The path depends on what the document is and who issued it. This table follows DFAT's own list of what it can legalise, but check the current version on Smartraveller before you lodge.
| Document | Usual path | Watch for |
|---|---|---|
| Birth, death or marriage certificate from an Australian registry | DFAT directly, from the original | Ceremonial or commemorative marriage certificates are excluded. Commemorative birth certificates are on DFAT's list. |
| Court document, including a divorce certificate | DFAT directly | Must be an original or court-certified document. |
| National police check, citizenship certificate, ASIC, ATO or TGA document | DFAT directly | Confirm with DFAT for your document. |
| University degree or transcript | University verifies, then DFAT | A notarised copy must state the original was verified with the institution. |
| TAFE record | Original or notarised copy to DFAT | JP copies are not accepted. |
| Private college or RTO record | Notary, then DFAT | Some states offer education department verification instead. |
| Power of attorney, declaration, affidavit, contract, company resolution | Notary first if DFAT legalisation is required | Do not sign until the notary confirms the process. |
| Foreign education document | Usually through its country of origin | DFAT says it cannot legalise foreign-issued education documents, even if notarised here. |
For a longer list, see which documents can be apostilled in Australia.
How the process works, step by step
- Ask the receiving authority exactly what it needs, in writing: apostille or legalisation, original or certified copy, translation, and in what order.
- Check the destination's Hague status on the HCCH status table. Check the entry-into-force column and relevant declarations, not only whether the country name appears.
- Identify the document type using the table above. If it is an Australian public document, ask DFAT whether it can act directly.
- If notarisation is needed, see a notary. Bring the document unsigned unless instructed otherwise, suitable identity evidence and any authority documents. The checks depend on the act.
- Lodge with DFAT for an apostille or authentication certificate. DFAT's lodgement options are on Smartraveller.
- For a non-Hague country, take the authenticated document to the embassy or consulate that covers your state, following its own procedure.
- Arrange translation at the point the receiving authority asks for. Some want the translation legalised in Australia; others translate on arrival.
Our apostille and authentication page explains the DFAT step, and document notarisation covers the notary's part.
Why DFAT may be unable to legalise a document
DFAT publishes eligibility rules that identify many preventable problems. It may also need to assess a document or contact its issuer. Common issues include:
DFAT accepts only a limited range of electronic documents, assessed on lodgement. For a translation to be legalised, each page must carry the translator's name, signature, NAATI seal and practitioner ID, and the date. If you received the wrong certificate type for your destination, see what to do about the wrong certificate type.
Visas, study and business
Visas for other countries. Requirements vary by destination and change often. Some consulates ask for notarised passport copies or apostilled birth certificates; others accept plain copies. A birth certificate from an Australian registry can usually be apostilled without a notary. Ask the consulate for its current list rather than preparing everything on the assumption it is needed.
Australian visas. Follow the document checklist and upload instructions for the specific Home Affairs application. Do not add notarisation or an apostille unless the Department or your adviser requires it. If an overseas-issued document needs authentication, start with the issuing country's competent authority.
Study abroad. University records need verification by the university before DFAT will legalise them, and TAFE records can go as originals or notarised copies. Start early, because verification adds a step.
Business. Company resolutions, contracts and powers of attorney are private documents and need a notary first. ASIC extracts may go to DFAT directly. The notary will check the signer's authority, so bring the resolution or evidence of office.
Translation in the chain
If a document is not in English, or the destination needs it in another language, the receiving authority decides whose translation it accepts and at which point. For Australian authorities, use a NAATI-credentialled translator. For overseas use, some authorities want the translation notarised and legalised in Australia along with the original; others want the original legalised and translated on arrival. Ask before you pay for either. See NAATI-certified translation with a notary.
When you need none of this
A surprising number of people start this chain for documents that never needed it. Three situations come up often.
- The document stays in Australia. An apostille is for overseas use. The domestic process may call for an original, ordinary copy, certified copy or authorised witness; check the relevant Australian authority's rules.
- The document came from overseas. DFAT can only legalise Australian public documents. Ask the issuing country's authority how its document should be authenticated for use in Australia.
- The receiving authority accepts a plain copy. Some foreign employers, universities and consulates accept an ordinary copy or a scan for an initial application and ask for legalised originals only later. Ask before you pay for every step up front.
Doing it yourself, or having it handled
You can lodge with DFAT and the embassy yourself, or ask a notary or agent to do it as a service. Either way the government and embassy charges are the same; what differs is the service fee and who carries the risk of a mistake. If someone else lodges for you, ask what exactly they will check before lodging, who pays if the document is returned, and how the original comes back to you. If you lodge yourself, check DFAT's current lodgement options and the embassy's own website, and keep copies of everything you send.
How much do notary and apostille services cost?
The total is made up of separate items. A private notary's quote may vary with the document type, number of pages, number of signers, copies, company-authority checks, certificate drafting and urgency. Mobile attendance can add travel and waiting time. If an agent handles later steps, its service and delivery charges are separate.
DFAT charges its own legalisation fee for each apostille or authentication, and embassy or consular legalisation may carry another fee. Translation, verification by an educational institution, courier and return postage can also affect the total. Check current government and embassy fees at the time of lodgement; do not rely on an old article or invoice.
For a useful quote, provide the document type, destination country, number of originals and copies, signers, location, deadline and the receiving authority's written instructions. This lets the provider separate notarial work, DFAT handling, embassy work and delivery rather than quoting one unclear package.
What to bring to the notary
- The original document, unsigned if it is to be signed in front of the notary.
- Current photo ID for every signer, and evidence linking any change of name.
- The receiving authority's instructions, including any wording it prescribes.
- Evidence of authority if you sign for a company or another person.
- Any translation, and any certificate already attached to the document.
Tell the notary at the start that the document is going to DFAT, and for which country. The certificate a notary prepares for an apostille may differ from one prepared for a document that needs no further steps.
Here is an illustration, not a real case
A couple moving overseas for work need their marriage certificate, a national police check each, and a power of attorney for a relative to manage their Australian affairs, all for a country outside the Convention. They sort the documents first. The registry-issued marriage certificate and the police checks go to DFAT directly for authentication. The power of attorney is a private document, so they sign it before a notary first. All four then go to the embassy for legalisation. Their ceremonial certificate from the wedding stays in the drawer, because DFAT does not accept it. One notary appointment covered what could otherwise have been four.
In short
Notary, DFAT and embassy are separate steps, and many documents need only one, two or none. Eligible original Australian public documents can often go directly to DFAT. A private document needs notarisation first if it is to be legalised. Ask the recipient what it wants, verify Hague status and match each document to the current DFAT rules before paying.
Related questions
- How does the Hague Apostille Convention work?
- How do apostille services work in Australia?
- Can you get an apostille online in Australia?
- What if the name on an apostille differs from my passport?
- Can I get an Australian apostille from overseas?
Tell us the document type, destination country, number of signers and copies, location and deadline. We can explain the likely steps and provide a secure method if document images are needed.
Frequently asked questions
Can I get an apostille without a notary?
Often, yes. Eligible original Australian public documents can usually go directly to DFAT. A private document must be notarised first if DFAT is to legalise it. The receiving authority may instead ask for notarisation alone or no legalisation.
Who can notarise documents in Australia?
An Australian Notary Public can perform a notarial act for overseas use. A Justice of the Peace is not a notary. DFAT says it cannot legalise a document that has only been certified by a JP.
Is an apostille the same as legalisation?
Not exactly. An apostille and authentication are both DFAT legalisation certificates. An authentication may be followed by embassy or consular legalisation. Ask the recipient which certificate and further step it requires.
Does an apostille confirm that my document is genuine?
It confirms the signature and seal of the official who signed it, such as the notary or registry officer. It does not confirm that the contents are true or correct. The receiving authority still decides what weight to give the document.
Can a notary issue an apostille?
No. Only DFAT issues apostilles and authentication certificates in Australia. A notary prepares a private document so that DFAT can then act on the notary's signature and seal.
What if my document is not in English?
The receiving authority decides whose translation it accepts and at what point. For Australian authorities, use a NAATI-credentialled translator. For overseas use, ask whether the translation should be legalised in Australia or done on arrival.
Can DFAT apostille my degree from another country?
DFAT says it cannot legalise foreign-issued education documents, even if an Australian notary has notarised them. Ask the competent authority in the issuing country about authentication.
Why was my marriage certificate refused?
Ceremonial or commemorative marriage certificates, the decorative ones often given on the day, are not on DFAT's list. DFAT legalises the registry-issued certificate. Laminated or altered certificates are also refused.
Can I lodge a scan with DFAT?
DFAT does not process a scanned copy as an electronic original. It accepts a limited range of genuine electronic public documents and assesses them on lodgement. Otherwise, an original or acceptable notarised copy may be needed.
Do I need a notary for documents for an Australian visa?
Follow the checklist for the specific Home Affairs application. Do not add notarisation or an apostille unless the Department or your adviser asks for it. Overseas-issued documents are not legalised by DFAT.