Notary Public in the Northern Territory

A notary public in the Northern Territory witnesses signatures, certifies copies and administers oaths for documents that will be used overseas. For documents staying in Australia, a Justice of the Peace or another authorised witness is usually enough and costs nothing. If a foreign body wants an apostille, DFAT adds it after the notary has signed.

Key takeaways

• Use a notary for documents going overseas, and a JP or other authorised witness for most documents staying in Australia.
• The Territory's advance personal plan is the single document for future financial, health and personal decisions made since 2014.
• Every witness must be satisfied you understand what you sign. If English is not your first language, an interpreter may be needed.
• Distances are long, so check exactly who may witness your document before you travel.
• Only DFAT issues apostilles in Australia. A notary cannot.

What does a notary public do in the NT?

A notary public is an experienced lawyer appointed to perform notarial acts under Northern Territory arrangements. A notary witnesses signatures, certifies that copies match originals they have sighted, administers oaths and affirmations, and prepares notarial certificates explaining what was done, recording each act in a permanent register.

A notary checks your identity, that you understand the document and that you are signing freely, and may decline if something is not right. A notary does not certify that the contents of a document are true. The reason to see a notary rather than a JP is recognition overseas: foreign courts, registries, banks and consulates recognise a notary's signature and seal, and DFAT can authenticate it or add an apostille. Our guide to what a notary public does covers the role in more depth.

When is a JP enough in the Territory?

For most documents that stay in Australia, a Justice of the Peace is the right witness. Territory JPs are volunteers who witness statutory declarations and affidavits and certify copies of documents they have sighted, without charge. Other people, such as lawyers, police officers and certain professionals, are also authorised to witness some Territory documents.

The simplest test is where the document is going. If it stays in Australia, start with a JP and check the receiving body's instructions. If it is going abroad, a JP's signature will generally not be accepted and cannot be apostilled, so you need a notary. For Commonwealth agencies, such as Home Affairs or Services Australia, check whether they want the Commonwealth statutory declaration form, which has its own broad witness list published by the Attorney-General's Department. Our guide to notaries and JPs explains the difference.

Situation	Usual witness	Next step
NT statutory declaration	A JP or other authorised witness	None, unless the body asks
Commonwealth statutory declaration	Anyone on the Commonwealth approved list	Check the agency wants that form
Certified copy for an Australian body	A JP or another person the body accepts	None
Advance personal plan	An authorised witness under NT rules	Follow the current form's instructions
Power of attorney for property overseas	Notary public	DFAT apostille or authentication if asked
NT birth certificate for overseas use	Often no notary needed	DFAT directly, once confirmed

What is an advance personal plan?

An advance personal plan is the Northern Territory's document for planning ahead. In one document, you can record your wishes about future health care and personal matters, and appoint decision makers for financial matters, health care and lifestyle decisions if you lose capacity. It replaced the separate Territory documents that were used before 2014, such as enduring powers of attorney; documents made under the old arrangements generally continue to have effect.

An advance personal plan must be made on the approved form and signed in front of an authorised witness, who confirms that you appeared to understand it and were not pressured. Decision makers you appoint also accept the appointment. Check the current form and guidance from the Northern Territory Government, and speak to a lawyer if your affairs are complex. Our guide to powers of attorney explains how equivalent documents work elsewhere.

What if English is not your first language?

Many Territorians speak an Aboriginal language, or another language, at home. Every witness, whether a JP or a notary, must be satisfied that you understand the document you are signing. If you are more comfortable in another language, ask for an interpreter before the appointment, rather than relying on a relative or friend who may have an interest in the document.

The Northern Territory has interpreter services for Aboriginal languages, and national services cover many other languages. A notary may need to record in the notarial certificate that an interpreter was present, and the interpreter may be asked to sign a declaration. For a document that is itself in another language, a certified translation may also be needed. Our guide to notarising a document in another language explains how this usually works.

When do Territorians need a notary?

The usual situations are much the same as elsewhere, with a few Territory twists. People selling or inheriting property overseas need a notarised power of attorney. Workers and students heading abroad need notarised copies of degrees and passports. Businesses trading with nearby countries in Asia, or with mining and energy partners overseas, need company documents notarised for foreign registries. Defence families and others who move often may need overseas documents for relatives' estates or pensions.

In each case the notary witnesses or certifies the document and attaches a notarial certificate, and DFAT adds an apostille or authentication if the foreign body asks. For countries outside the Hague Apostille Convention, the country's embassy or consulate then legalises the document. Check the HCCH status table on the day. Our guides to international powers of attorney and company document notarisation cover the common cases.

Do NT certificates always need a notary?

Not always. Some Australian public documents, such as birth, marriage and death certificates issued by the Territory's registry, may be taken to DFAT for an apostille or authentication directly, without a notary. DFAT's own list of documents it can legalise sets out what it accepts, so confirm with DFAT before you send anything. Laminated or altered certificates are not accepted.

A notary is needed when the foreign body asks for a notarised copy rather than the original, or when the document is private, such as a power of attorney, a declaration or a company resolution. Our guide to which documents can be apostilled explains the difference.

How do you plan a notary appointment in the NT?

Distances in the Territory are long, and notaries are mostly based in the larger centres. A little planning avoids a wasted trip.

1. Get the foreign body's instructions in writing, including whether it wants notarisation, an apostille, or both.
2. Book ahead, and ask what identification and documents to bring.
3. Arrange an interpreter in advance if you need one.
4. Leave the document unsigned until you are in front of the notary.
5. Bring every original and all pages, so everything is done in one visit.

If travel is hard, ask the foreign body whether it accepts a remotely witnessed act. Many do not, and the receiving authority decides, not Australian law. Our guides to remote notaries and notaries in regional Australia explain what to ask.

What are the common mistakes with NT documents?

Most refused documents fail for reasons that are simple to avoid. A JP certified a copy that was going overseas, where only a notarial copy would do. A statutory declaration was made on the Territory form when a federal agency wanted the Commonwealth form. A document was signed at home before the appointment, so the witness could not say they saw it signed. A relative interpreted for someone signing a document in which the relative had an interest. Or an old enduring power of attorney form was used after the advance personal plan replaced it. In a place where the next appointment may be a long drive away, a quick check before you go is worth the time.

What does this look like in practice?

Here is an illustration, not a real case. Anh lives in Darwin and runs a small export business. She needs company documents notarised for a buyer in Indonesia, and her father, who speaks Vietnamese at home, wants to make an advance personal plan.

For the company documents, Anh books a notary, who witnesses the director's signature on the resolution and attaches a notarial certificate; she then sends it to DFAT, as the buyer's instructions ask. For her father, they book an independent Vietnamese interpreter, and he signs the advance personal plan on the current form in front of an authorised witness, who confirms through the interpreter that he understands it.

In short

In the Northern Territory, use a JP or other authorised witness for most documents staying in Australia, and a notary for documents going overseas, with DFAT adding an apostille if asked. The advance personal plan is the Territory's single planning document. Arrange an interpreter if you need one, and plan ahead, because distances are long.

People also search for

• How does DFAT authentication work?
• How do notary rules differ between states?
• How does a notary check capacity and duress?
• What is a certified true copy?
• Which ID documents does a notary accept?
• How are export documents notarised?

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