What to Do When the Original Document Cannot Be Released

You usually do not need to send the original. In most chains a notary sights the original, certifies a copy, and the copy is what DFAT apostilles and you post overseas. The original goes home with you. Where it cannot be brought to a notary at all, the fix is the issuer's own certified extract or a reissue.

Key takeaways

• A notarised certified copy is designed for this. The notary sees the original; the copy travels.
• A notary must sight the original. A scan, a photo or an earlier copy is not enough.
• If a third party holds the original, ask it for its own certified extract, or a sealed copy from a court.
• If the original is lost, the answer is a reissue from the issuing body, not a copy of a copy.
• When the receiver says "original", ask in writing whether a notarised copy with an apostille will do.
• University documents have a special rule: DFAT wants the university's verification, even for a notarised copy.

Why do overseas authorities ask for the original?

Because they cannot check a copy. A registry in another country has no way to know whether a photocopy of an Australian degree is genuine. The original has security features, seals and signatures it can at least look at. So many forms say "original" by default.

The notarial system exists to solve exactly that problem. An Australian notary compares the copy with the original in the room. The notary then certifies, under signature and seal, that the copy is a true copy. DFAT confirms the notary's signature and seal with an apostille. The receiver can rely on that chain without ever seeing your original. Our page on originals and copies explains when each is needed.

Situation 1: you need the original yourself

A passport you are about to travel on. A licence you must carry. A document you will need again soon.

Fix: a notarised certified copy. The notary compares the copy with the original, certifies the copy, and the certified copy goes to DFAT and, if required, to an embassy. Nothing leaves your possession except the copy. Order enough copies at one appointment for every body that needs one.

Situation 2: a third party holds the original

A university that will not release a parchment. A bank holding a security document. An employer holding personnel records. A court holding a file.

Fix: there are two routes. Some institutions will let a notary certify a copy on their premises; ask. More often, get the institution's own certified extract or replacement. That is frequently what the overseas authority prefers anyway, because it comes from the issuer. Courts can generally issue a sealed copy of a document on their file, and DFAT lists court documents among those it can legalise directly.

Situation 3: posting it would put it at risk

International post goes missing. Some originals are hard or impossible to replace: an old registry record, a testamur, a family document from a country whose records were lost.

Fix: a certified copy, as above. If the receiver still insists on the original, ask it in writing whether a notarised copy with an apostille satisfies it. Many will say yes once asked directly. The word "original" on a form is often a default rather than a considered requirement. Keep the reply.

Situation 4: there is no original left

Lost in a move. Destroyed in a flood or fire. Or never issued to you in the first place.

Fix: a reissue from the source: the registry, the university or the professional board. A notary cannot certify a copy of a document that no longer exists. A notary will not certify a copy as a true copy of an original they have not seen.

Some notaries will certify a copy of the copy you produce, with the certificate saying exactly that. But a receiver that asked for a certified copy of the original will often refuse it. Where reissue is genuinely impossible, the usual substitute is a sworn statement. It sets out what the document was and what became of it, supported by whatever secondary evidence exists. Confirm with the receiver that it will accept that before relying on it.

Situation 5: the original must not be copied or marked

Some documents carry a prohibition on copying. Some notarial practice involves stamping, binding or sealing, which an issuer may not permit on an original.

Fix: the issuer's certified extract, which exists for exactly this. Ask the issuer what it provides for overseas use. Many have a standard product and a standard process that avoids the problem.

Situation 6: the destination genuinely needs the original

It does happen: some registrations, some property transactions, some court filings.

Fix: if the original must travel, do three things first. Keep a notarised certified copy for yourself. Record every identifier on the document. Send it by a tracked international service. Make that decision deliberately, not by default. If the original is a public document, DFAT may be able to apostille the original itself before it goes.

What if the original is a university document?

Degrees and transcripts have their own rule, set by DFAT. DFAT legalises an original university document only once the university has verified it. A notarised copy must also be verified with the university, and the notary's certificate must say so. A plain "true copy" certificate does not satisfy DFAT. See its documents it can legalise.

So if you want to keep your testamur, you still can. The notary arranges or confirms the university's verification, then certifies a copy with the right wording. The copy is legalised and the testamur stays with you. Ask about verification when you book, not on the day.

Situation	Start from	What travels
You need it yourself	A notary	A notarised copy
A third party holds it	The holder	Its certified extract
Too risky to post	A notary, then the receiver	A notarised copy, if agreed
Lost or destroyed	The issuing body	A reissued original
Must not be copied	The issuing body	Its extract
Original genuinely required	DFAT, then a courier	The original, copy kept

Will a JP-certified copy do instead?

For an Australian receiver, often yes. A Justice of the Peace can certify a copy against the original for free, and many Australian bodies accept that. For Home Affairs, a copy certified by an authorised person is usually enough.

For an overseas receiver, usually not. A JP's certification is not generally recognised abroad, and DFAT cannot apostille a JP-certified copy. If the copy is replacing an original for a foreign authority, it needs a notary. Check with the receiving authority, but plan on a notary unless it says otherwise in writing.

Does the notarised copy need an apostille?

Usually, for use overseas. If the destination is a party to the Hague Apostille Convention, DFAT adds an apostille to the notarised copy. That confirms the notary's signature and seal, not the document's contents. If it is not a party, DFAT issues an authentication certificate, and the country's embassy then legalises the copy. Check the destination on the HCCH status table on the day. Our apostille and authentication page explains the DFAT step.

What if the original is overseas?

Then the copy should usually be certified there. An Australian notary cannot certify a copy of a document they cannot see. A notary or official in the country where the original sits can certify it, under that country's rules, and authenticate it there. If the document is going to be used in Australia, see our page on certified copies from overseas.

If the original is in Australia but you are overseas, someone else may be able to take it to a notary for you. Certifying a copy is about the document, not the person who brings it. Some notaries will act on an original presented by someone else; ask first. Witnessing a signature is different, and needs the person signing. Our page on when the signatory cannot attend covers that case.

What should you bring to the appointment?

1. The original, unbound if it is normally unbound.
2. Copies of every page and both sides, including a blank reverse. Missing a reverse is a common rejection.
3. Original photo identification for yourself.
4. The receiver's instructions, so the certificate uses the right wording.
5. The destination country, so you know whether DFAT issues an apostille or authentication.

Do not unbind or unstaple a notarial copy after it is issued. The binding is tamper evidence. A document that looks interfered with may be refused, whatever the reason it was opened.

Here is an illustration, not a real case

A man in Melbourne is asked by a ministry in Portugal for his original trade certificate and his original birth certificate. He needs both again later. He writes to the ministry asking whether notarised copies with apostilles will do, and it agrees. A notary certifies copies of the trade certificate. For the birth certificate, he orders a fresh one from the registry, which DFAT apostilles directly. His old originals never leave the country.

In short

You rarely need to send the original. A notary sights it and certifies a copy, and the copy travels with its apostille. If someone else holds it, ask for their extract. If it is lost, order a reissue. Ask the receiver in writing before you post anything irreplaceable. Our document notarisation page explains certified copies.

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Asked for an original you cannot part with? Send us the receiver's instructions, and we will explain each step before you book.