What to Do When the Notary Refused to Act

When a notary refuses to act, first ask exactly what stopped the act and what would need to change. Then match the answer to one of seven causes below. Most are fixed by bringing better identification, the original document or an independent interpreter. Only a conflict of interest is solved by going to a different notary.

Key takeaways

• A refusal protects the certificate. People overseas rely on it without ever meeting you.
• Ask for the reason in words you can act on. "What would need to be different?" is the best question.
• Identification is the most common cause and the easiest to fix.
• A notary never certifies that a document's contents are true. Asking for that will always be refused.
• For most causes, a second notary will reach the same answer. A conflict of interest is the exception.
• If capacity or pressure is the concern, the answer is medical or legal advice, not another notary.

Why would a notary refuse at all?

A refusal feels like an obstacle. It is usually the opposite. A notarial certificate is read by a registry, a court or a bank in another country. That reader cannot check your identity or your document. It relies on the notary having done so. A notary's willingness to say no is what makes the certificate worth anything.

Notaries identify people to a higher standard than most counters. They must sight the original of anything they copy. They check that the signer understands the document and is not under pressure. They may decline if any of that is missing. Our page on whether a notary can refuse explains the grounds. This page is about what to do next.

What should you ask before you leave?

Ask the notary to name the problem in terms of the act. "Your licence address does not match the document" is useful. "I cannot do this one" is not. Ask what would need to be different for the act to go ahead. Write the answer down.

Then ask whether a change in wording, a different document or a different act would solve it. Sometimes the notary can witness a signature even though they cannot certify a copy. Sometimes a declaration can replace a certificate the notary cannot give. The notary knows the options, but only if you ask.

Cause 1: was your identification enough?

The notary must be satisfied that the person in front of them is the person named in the document. These stop an appointment:

• an expired passport or licence;
• a name that does not match the document, such as a maiden name or a missing middle name;
• photographs that no longer look like you;
• no photo identification at all.

Fix: return with current original photo identification. Where names differ, bring the marriage certificate, change of name certificate or other document that links them. This is the most common refusal and the easiest to clear. Our page on accepted identification lists what notaries usually expect.

Cause 2: did you ask for the contents to be certified true?

An Australian notary can certify that a copy matches an original. A notary can witness a signature made in their presence, and administer an oath or affirmation. A notary cannot certify that the statements in a document are factually correct. No notary will, anywhere in Australia.

Fix: change the request. Usually the substitute is a sworn declaration or affidavit, in which you state the facts and the notary witnesses your oath. For use overseas, that is a notarial affidavit, not a Commonwealth statutory declaration. A Commonwealth statutory declaration is for use in Australia. Confirm with the receiving authority that your statement satisfies it.

Cause 3: was it outside a notary's powers?

Some requests are outside the office entirely. A notary cannot:

• issue an apostille; only DFAT does that in Australia;
• legalise a document for a foreign embassy;
• register a document overseas or lodge it with a foreign registry;
• vouch for a document issued by a foreign registry;
• give legal advice about a document while acting as a neutral witness.

Fix: go to the body that can. DFAT takes documents by appointment at an Australian Passport Office or by registered post; see its legalisation page. The refusal is not a judgement about your document.

Cause 4: was there no original to compare against?

Certifying a copy requires the original in the room. A scan, a photograph, a PDF emailed by a relative, or a photocopy of a photocopy gives the notary nothing to compare. The same applies to an earlier certified copy. A notary does not certify a copy of a copy as a copy of the original.

Fix: bring the original, or order a fresh certificate or extract from the issuing body. If the original genuinely cannot be released, see our page on what to do when the original is unavailable. That problem has its own routes.

Cause 5: did the signer seem to understand the document?

If the document is in a language the signer does not read, the notary cannot witness a signature made with understanding. The same applies if the signer cannot explain in their own words what the document does. It also applies where someone in the room appears to be pressuring them.

Fix: arrange an independent interpreter, not the relative who brought the signer. Where pressure is the concern, the signer attends alone. Where capacity is genuinely in doubt, get medical and legal advice first. A different notary is not the answer. See how notaries check capacity and duress and notarising a foreign-language document.

Cause 6: was there a conflict of interest?

A notary will not act where they, or their firm, have an interest in the transaction. The same applies where they act for another party whose interests differ from yours. A notary witnessing a sale they are also handling for the buyer is an example.

Fix: an unrelated notary. This is the one refusal that genuinely travels, because the conflict belongs to that notary, not to your document. Our page on notary conflicts of interest explains where the line usually sits.

Cause 7: was the document altered, incomplete or backdated?

Blank spaces left to fill in later. A date earlier than the day of signing. Correction fluid, crossed-out words or a page that does not match the rest. A notary asked to act on a document like that will refuse, and should.

Fix: a clean, complete document, dated on the day it is signed. Ask the person who drafted it for a fresh copy. No notary will backdate a signature or a certificate. Asking is a poor start to the next appointment.

Which fix matches which refusal?

Reason given	What to do next	Will another notary differ?
Identification not enough	Return with current ID and linking papers	No
Asked to certify contents true	Redraft as a sworn statement	No
Outside a notary's powers	DFAT, the embassy or a lawyer	No
No original document	Bring it, or order a fresh one	No
Language or understanding	An independent interpreter	No
Capacity or pressure	Medical and legal advice first	No
Conflict of interest	An unrelated notary	Yes
Altered or incomplete	A clean document, signed again	No

Will a Justice of the Peace do it instead?

For a document used in Australia, possibly. A JP can certify copies and witness signatures for free. But a JP faces the same limits: a JP also cannot certify that contents are true, and also needs the original. A JP's signature is generally not accepted overseas, and DFAT cannot apostille a JP-certified document. If the document is leaving Australia, a JP is not a workaround.

How do you avoid a second refusal?

Most second refusals come from turning up with the same gap. Before you book again:

1. Name the act you need: "certify a copy of this original", "witness my signature", "administer an oath".
2. Send the document ahead, so the notary can spot problems before the day.
3. Ask what identification the notary expects, and bring the linking papers.
4. Ask about the destination, since some countries need particular wording.
5. Bring the original of anything to be copied, and leave pages unsigned.

Is a refusal recorded against you?

Notaries keep a permanent register of the notarial acts they perform. A request that was declined is not a notarial act, and it is not a mark against you with any government body. Tell the next notary about the first refusal anyway. It helps them see the problem quickly.

If you think a refusal was unreasonable, ask the notary to explain it in writing. Notaries are regulated at state or territory level, and each has a body that handles complaints. Our page on notary rules by state explains how that differs.

Here is an illustration, not a real case

A man in Hobart needs a copy of his degree certified for a job in Germany. He brings a colour printout of the degree and his licence, which shows his old surname. The notary declines on two grounds: no original, and a name mismatch. He finds the original testamur and brings his change of name certificate. The same notary certifies the copy the next time. A second notary would have said the same thing on the first visit.

In short

Ask what stopped the act and what would need to change. Match it to one of the seven causes. Fix the cause, not the notary, unless it was a conflict of interest. Send the document ahead next time and bring originals and current identification. Our document notarisation page explains each notarial act.

People also search for

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• What makes a notarial act invalid?
• What if I cannot bring the original document?

Refused once already? Send us the document and the reason you were given, and we will explain each step before you book.