Notary Public vs Justice of the Peace
Table of contents
The short answer: if the document is going overseas, you need a notary public. If it is staying in Australia, a Justice of the Peace is usually enough and costs nothing.
Getting this wrong is expensive in a particular way. You do not find out at the counter in Australia. You find out weeks later, when a foreign registry, embassy or university rejects the document, by which time your deadline has moved.
Is a JP a notary public?
No. A Justice of the Peace and a notary public are different offices, appointed by different bodies, with different powers. A JP is not a notary, and a JP cannot notarise a document. The confusion is understandable, because both can witness signatures and certify copies. What differs is who will accept the result.
JP meaning in Australia
A Justice of the Peace in Australia is a volunteer appointed by a state or territory government to witness statutory declarations and affidavits, and to certify copies of documents, for use within Australia. JPs need not be lawyers, are not paid, and their authority comes from the state or territory that appointed them. The requirements for becoming a JP, and exactly what a JP may do, differ between jurisdictions.
A notary public in Australia is almost always an experienced solicitor, appointed under the law of their state or territory (in most, by the Supreme Court; in Queensland, by the Archbishop of Canterbury's Court of Faculties), and recognised internationally. A notary holds a seal and keeps a permanent register of the acts they perform. Their signature and seal are held on specimen by the Department of Foreign Affairs and Trade (DFAT), which is what makes an apostille possible.
The practical differences
| Justice of the Peace | Notary public | |
|---|---|---|
| Appointed by | State or territory government | Usually the state or territory Supreme Court; in Queensland, the Court of Faculties |
| Legal qualification | Not required | Almost always an experienced solicitor |
| Recognised overseas | No | Yes |
| Can be apostilled by DFAT | No | Yes |
| Keeps a permanent register | No | Yes |
| Cost | Free | The notary's fee |
| How to find one | In many places, through public JP services and registers | By appointment |
Can a JP notarise documents?
No. "Notarise" means a notary performs a notarial act: identifying you, witnessing a signature or certifying a copy, and issuing a certificate under their signature and seal, recorded in their register. A JP can witness and certify for domestic purposes, but that is not a notarial act, and it cannot be apostilled or legalised.
When a foreign form says "attested by a JP or notary", read it carefully. Unless the receiving authority confirms in writing that an Australian JP is acceptable, use a notary. The JP option on such forms is often written with the issuing country's own officials in mind.
When a JP is the right choice
- Certifying a copy of your driver licence for an Australian bank.
- Witnessing a statutory declaration for an Australian government department.
- Certifying qualifications for an Australian employer.
- Witnessing an affidavit for an Australian court, where the rules permit it.
In these cases paying a notary buys nothing. A JP's certification is exactly what the receiving party expects. The same goes for most Australian visa and citizenship applications: the Department of Home Affairs usually accepts copies certified by an authorised person, and a notary is often not needed.
When only a notary will do
- Any document going to a foreign government, court, university or registry.
- Anything that needs an apostille or embassy legalisation.
- Documents for overseas property transactions.
- Company documents for a foreign registry.
- Powers of attorney meant to operate in another country.
- Documents for foreign immigration authorities.
A useful test: if the person who will read this document is outside Australia, assume a notary is required and confirm rather than hope.
The grey area
Some Australian institutions accept either. Some overseas institutions occasionally accept a JP certification. Neither is a reason to guess. Ask the receiving authority, in writing, which it requires, and keep the answer. If the document is later questioned, the instruction you followed is worth having.
What about a solicitor, pharmacist or police officer?
Many Australian occupations are authorised to certify copies or witness declarations for domestic purposes. The lists are set by legislation and differ between the Commonwealth and each state and territory. That authority is domestic only. None of it makes a document acceptable overseas, and none of it can be apostilled. Being a solicitor does not make someone a notary.
Civil-law notary vs notary public
In much of Europe, Latin America and parts of Asia, a civil-law notary is a public officer who drafts and authenticates major legal instruments such as property transfers, company formations and marriage contracts, and whose documents carry special evidential weight. The office is closer to a specialist lawyer than to a witness. In some civil-law countries, a "candidate notary" is a qualified lawyer working towards appointment as a notary.
A notary public in the common-law tradition, including Australia, primarily authenticates: witnessing signatures, certifying copies and administering oaths. An Australian notary is closer in standing to the civil-law notary than a US notary is, because Australian notaries are senior lawyers, but the functions are not identical.
Common questions
Is a JP the same as a notary public? No. A JP is a volunteer witness for Australian purposes. A notary is a senior lawyer whose acts are recognised overseas.
Can a notary do everything a JP can do? For practical purposes, yes. A notary can certify a copy for domestic use; you will just be paying for something available free.
I used a JP and the document was rejected overseas. What now? Start again with a notary. A JP certification cannot be upgraded or countersigned, and you will usually need the original document again.
Is an Australian notary the same as a notary in the United States? No. An American notary is typically a lay person commissioned to witness signatures. An Australian notary is a senior lawyer. The roles are not equivalent, which is why instructions written for the US often need translating into Australian practice.
How much does each cost? A JP is free. A notary charges a fee, which each notary sets. DFAT charges separately for an apostille.
