Finding a Notary Who Speaks Your Language

You can look for one, but you often do not need one. A notary must be satisfied that you understand what you are signing. If you are not confident in English, a notary who shares your language helps, but a NAATI certified interpreter, or a certified translation of the document, usually meets the same need and is easier to arrange.

Key takeaways

• A notary must be satisfied that you understand the document and are signing freely; language is part of that.
• Some notaries speak other languages, but a shared language is not the only way to meet the requirement.
• A NAATI certified interpreter can interpret at the appointment; many notaries prefer an independent interpreter to a relative.
• If the document is not in English, a NAATI certified translation lets both you and the notary know what it says.
• For Deaf signers, NAATI also credentials Auslan interpreters.
• Tell the notary about language needs when you book, so they can plan the appointment.

Why does language matter at a notary appointment?

An Australian notary does more than watch a pen move. Before witnessing a signature or taking an oath, the notary checks who you are, that you understand the nature of the document, and that you are signing of your own free will. If they are not satisfied, they may decline. Understanding is hard to show if you and the notary cannot talk to each other, or if you cannot read the document.

There are really two language questions, and they are often mixed up. One is whether you can understand the notary and the document. The other is whether the notary can understand the document, which matters when it is in a foreign language. A notary who speaks your language may solve both, but an interpreter solves the first and a translation solves the second. Our guide to capacity and duress checks explains what a notary is looking for.

How do you find a notary who speaks your language?

Some Australian notaries are fluent in languages other than English, often because they migrated here or work with a particular community. Many mention their languages on their own websites or practice listings. The official state and territory lists of notaries, which DFAT links from its notarial services page, identify who is a notary; whether they show languages varies from list to list. Community organisations, consulates and word of mouth are other common sources.

Two cautions. A notary's language skill helps the conversation, but it does not replace a certified translation where an authority wants one, and it does not make the notary your adviser. And speaking your language does not mean the notary can prepare their certificate in it; notarial certificates in Australia are normally in English, and any foreign-language wording depends on the notary and the receiving authority.

When is an interpreter the better answer?

Often. An interpreter can be arranged in almost any language, while a notary who speaks a particular language may be hard to find, especially outside the major cities. In Australia the standard for interpreters is set by NAATI, which credentials interpreters at different levels, including Certified Provisional Interpreters and Certified Interpreters, and offers Recognised Practising credentials where no test exists in a language. NAATI also credentials Auslan interpreters and Deaf interpreters. Its online directory lists credentialled practitioners.

Many notaries prefer, and some insist on, an interpreter who is independent of you and of anyone who benefits from the document. A son interpreting his elderly father's power of attorney in the son's favour is exactly the situation a notary is trained to be wary of. Where an interpreter is used, the notary will usually record their details and may ask them to sign a declaration that they interpreted faithfully. Ask the notary what they need from the interpreter before the day.

Situation	What usually helps	Why
English document, you are fluent in English	Nothing extra	You and the notary understand each other and the document
English document, limited English	A NAATI certified interpreter, or a notary who speaks your language	The notary must be satisfied you understand it
Foreign-language document, you read it	A NAATI certified translation for the notary	The notary needs to know what the document is
Foreign-language document, limited English	Translation, plus interpreter or a bilingual notary	Both language questions arise
Deaf signer who uses Auslan	A NAATI credentialled Auslan interpreter	Direct communication about the document
Relative offers to interpret	Ask the notary first	Independence matters, especially if they benefit

When do you need a translation instead?

When the document itself is not in English. A notary witnessing your signature needs to know what the document is, even though they do not certify that its contents are true, and many will not witness a signature on a document they cannot understand at all. A NAATI certified translation, sent to the notary before the appointment, solves that. It also protects you: if you read the translation, you know what you are signing.

The receiving authority may also want the translation attached to the notarised document, or may want its own sworn translator in its own country. Ask before you commission anything. Our guide to notarising a foreign-language document covers that situation in detail, and our guide to certified translation in Australia explains what a certified translation includes.

What if the signer cannot read in any language?

Some signers speak a language fluently but have limited literacy in it, or have poor eyesight. That does not stop them signing a document, but it changes how the appointment runs. The notary needs to be satisfied that the document has been explained to the signer and that they understand it, so the document, or its translation, is usually read aloud and interpreted, section by section, and the signer is asked questions to confirm they follow it.

Many notaries will then record in their certificate or notes that the document was read over and interpreted to the signer before signing, and by whom. A person who cannot write their name may be able to sign with a mark, but whether that is acceptable depends on the document and on the receiving authority, so ask both before the day. Allow more time for this kind of appointment, and make sure the interpreter can stay for all of it. If there is any doubt about the signer's capacity, as distinct from their language or literacy, the notary may ask for a medical opinion or decline; our guide to when a signatory cannot attend covers some of the alternatives.

What if you need a document for use in Australia?

Then you may not need a notary at all. For Australian certified copies and statutory declarations, a Justice of the Peace or another authorised witness is usually enough, and many JPs and other witnesses speak community languages. The same rule applies about understanding: the witness should be satisfied you know what you are declaring. For documents going to the Department of Home Affairs, translations made in Australia should be by a NAATI certified translator. Our guide to who can witness a statutory declaration lists the usual options.

How do you prepare for an appointment in another language?

1. Work out which language gap you have. Is it the document, the conversation, or both?
2. Tell the notary when you book. Say which language you are most comfortable in, and whether the document is in English.
3. Arrange a translation if needed. Use a NAATI certified translator and send the translation to the notary ahead of time.
4. Arrange an interpreter if needed. Choose a NAATI credentialled interpreter who is independent of anyone who benefits from the document.
5. Confirm what the notary needs from the interpreter. Identification, a declaration, or attendance for the whole appointment.
6. Read the document, or its translation, before the day. Write down any questions for the notary.

Common mistakes to avoid

The most common mistake is bringing a relative who benefits from the document to interpret; the notary may decline to proceed. The second is arriving with a foreign-language document and no translation, and expecting the notary to witness it unread. The third is assuming a bilingual notary will produce a certificate in your language; that depends on the notary and the authority. The fourth is choosing a notary for the shared language when the job, such as a document for a country outside the Hague Convention, would be simpler with a notary used to that chain and an interpreter. Finally, do not sign anything you do not understand. Ask questions until you do.

Here is an illustration, not a real case.

Mrs Tran, in Brisbane, needs to sign a power of attorney in English for a property matter in Vietnam. Her English is limited. Her son, who is the attorney, offers to interpret, but the notary asks for an independent interpreter instead. The family books a NAATI certified Vietnamese interpreter, sends the notary the document in advance, and the interpreter signs a declaration at the appointment. The notary is satisfied that Mrs Tran understands the document and witnesses her signature.

In short

A notary who speaks your language is helpful but rarely essential. What the notary needs is to be satisfied that you understand what you are signing, and to know what the document is. A NAATI certified interpreter bridges the conversation, and a NAATI certified translation bridges the document. Tell the notary about language needs when you book. Our NAATI translation with notary page covers documents that need both a translation and a notary.

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Worried about language at your appointment? Tell us the document, its language and the language you are most comfortable in, and we will explain each step before you book.