How to Notarise a Reference Letter in Australia
Table of contents

To notarise a reference letter in Australia, first find out which of three acts the receiving body wants. A certified copy needs only you and the signed original. A notarised signature or a sworn reference needs the referee to attend the notary. For overseas use, DFAT then adds an apostille or authentication.

Key takeaways

  • "Notarised reference" can mean a certified copy, a notarised signature or a sworn reference. Only the last two need the referee to attend.
  • A certified copy proves the copy matches the letter. It proves nothing about who wrote it or whether it is true.
  • A notary never confirms that what a reference says is true, and confirms a referee's job title only when shown evidence of it.
  • For an Australian visa, references usually go to Home Affairs without a notary.
  • A referee who lives overseas signs before an official where they live. An Australian notary cannot witness a signature made elsewhere.

When are reference letters notarised?

Reference letters are sent for notarisation in three main situations. The first is an employment reference for a job abroad or a foreign licensing body. The second is a character reference for a foreign court, adoption authority or immigration department. The third, less often, is a landlord or professional reference for renting or registering overseas.

In every case the same question decides what you need, and most people get it wrong the first time. Is the receiving body asking for a certified copy of the letter, or for the referee's signature to be notarised? They are different acts, and only one of them lets the referee stay at home.

What are the three things "notarised reference" can mean?

Three kinds of notarised referenceThree cards. A certified copy: you bring the signed original, the referee does not attend, and it proves only that the copy matches. A notarised signature: the referee signs before the notary, proving who signed. A sworn reference: the referee swears or declares the contents, adding legal consequences for a false statement.Three acts behind one phraseCertified copyYou bring thesigned originalProves the copymatches itReferee stays homeNotarised signatureReferee signs infront of the notaryProves whosigned itReferee attendsSworn referenceReferee swears ordeclares the contentsAdds legal weightto a false statementReferee attends
None of the three makes the notary responsible for what the reference says.

A certified copy. You bring the signed original letter. The notary sights it and certifies that the attached copy matches it. The referee does not attend. This proves the copy is faithful. It proves nothing about who wrote the letter, whether the letterhead is genuine, or whether anything in it is true.

A notarised signature. The referee brings the letter unsigned, proves their identity, and signs in front of the notary. The notary then certifies that this identified person signed it. This is what a body means when it asks for a reference "signed before a notary".

A sworn or declared reference. The referee makes the statement as an affidavit or declaration, swearing or declaring that its contents are true. The notary administers the oath or witnesses the declaration. Foreign courts and adoption authorities often want this form, because a false statement then carries legal consequences for the referee.

How do you read the receiving body's wording?

Read the request closely, and look for the formality word. It usually tells you which of the three acts is wanted.

The request saysIt usually meansWho attends
"Certified copy" or "certified true copy"A copy checked against the originalYou, with the original
"Signed in the presence of" or "attested"A notarised signatureThe referee
"Notarised signature"A notarised signatureThe referee
"Sworn", "affidavit" or "under oath"A sworn or declared referenceThe referee
Only "notarised"UnclearAsk before booking

If the request only says "notarised", ask the receiving body which it means, in writing if you can. The answer changes who has to attend, and a referee who has taken a morning off work for the wrong appointment rarely offers to do it twice.

How do you arrange a reference from start to finish?

  1. Get the request in writing and find the formality word: certified copy, signed before a notary, or sworn.
  2. Agree the wording with the referee. The referee should write the reference, or at least approve every sentence of it.
  3. Book the right person. For a certified copy, you attend with the signed original. For the other two, the referee attends with the letter unsigned.
  4. Attend the notary with photo identification. The notary checks identity, understanding and free will, then completes the certificate.
  5. Send it to DFAT for an apostille or authentication, and then to the embassy or a translator if the destination requires it.

Steps 1 and 3 are where most wasted appointments come from. A certified copy made when a notarised signature was wanted has to be done again, this time with the referee.

What happens if the referee must attend?

The referee books the appointment, or at least attends it. You can arrange it for them, but the notary deals with the person signing. The referee brings:

  • the letter, unsigned;
  • current photo identification, ideally a passport;
  • for an employment reference, evidence of their position, if the receiving body wants the notary to record it.

That last point matters for company references. A notary witnessing a signature confirms who signed. The notary does not confirm that the signer is the HR manager or a director, or that the company authorised the letter, unless shown evidence and the certificate says so. If an assessor wants the referee's authority confirmed, raise it when booking. Company versus individual notarisation explains how that evidence works.

The notary also checks that the referee understands the document and is signing freely, and may decline if not satisfied. A referee who is being pressed to sign something they did not write is exactly the case a notary is there to catch. It is better for everyone if the referee writes, or at least approves, the words before the appointment.

What the referee bringsFive items: the letter unsigned, current photo identification, evidence of their position if the receiving body wants it recorded, the receiving body's request, and time to read the letter again before signing.What the referee bringsThe reference letter, not yet signedA current passport or other photo IDProof of their role, if it must be recordedThe receiving body's written requestWords they wrote or approved themselves
The notary witnesses a free, informed signature by an identified person. Everything on this list supports one of those three things.

If the referee lives overseas, an Australian notary cannot help. The referee signs before a notary or equivalent official where they live, and the document is authenticated there. Plan for that early, because it depends on someone else's time and someone else's country's procedures.

How do you get a certified copy?

This is the simpler route, and the right one when the receiving body only wants a copy it can keep. Bring the signed original and your own identification. Bring every page, including any attachments the letter refers to. For the general rules on copies, see document notarisation.

Many references now arrive as a PDF. A printout of a PDF is not an original. A notary asked to certify it as a true copy of an original may decline, or may word the certificate so narrowly that it is of little use. If you need a certified copy, ask the referee for a signed paper original. If you need a notarised signature, the referee has to sign in person anyway, so the PDF does not matter.

If the referee has already signed the letter, that is fine for a certified copy. For a notarised signature, the referee will usually need to sign a fresh copy in front of the notary. See what to do when a document is already signed.

Do you need a notary at all?

For an Australian visa, character and supporting references normally go to the Department of Home Affairs without a notary. Partner visa supporting-witness statements, for example, are made on a Home Affairs form as Commonwealth statutory declarations, which many authorised witnesses can witness. The Attorney-General's Department lists who may witness a Commonwealth statutory declaration. Check the current form and its instructions rather than paying for a notary you do not need.

For use inside Australia, a Justice of the Peace can often witness a referee's signature for free. For use overseas, a JP is generally not the right witness: a JP's certification is not recognised abroad and cannot be apostilled. The notary becomes necessary when the reference is going overseas to a body that needs a signature and seal the Department of Foreign Affairs and Trade (DFAT) can verify.

How does the apostille or legalisation step work?

After the notaryAfter the notary, check the destination on the HCCH status table. If it is a Hague Convention party, DFAT issues an apostille and the reference is ready. If not, DFAT authenticates it and the destination's embassy or consulate legalises it.Is the destination a Hague party?YesNoDFAT apostilleon the notary's certificateDFAT authenticationon the notary's certificateReady to sendEmbassy or consulatelegalises it
Check the destination on the HCCH table on the day. Membership changes, and the answer decides which branch you are on.

The notarial certificate is an Australian act. DFAT then verifies the notary's signature and seal. If the destination is a party to the Hague Apostille Convention, checked against the HCCH status table on the day, DFAT issues an apostille. If not, DFAT authenticates it, and the destination's embassy or consulate legalises it. Only DFAT issues apostilles in Australia. See apostille and authentication for how that step is arranged.

What if the reference must be in another language?

If the reference must be in the destination's language, decide before signing. The referee can sign an English letter that is then translated, or sign a bilingual one. A referee should never sign a translation they cannot read without a translator's certificate attached. Notarising a document in a language you do not read covers that case. Ask the receiving body whether the translation comes before or after the apostille, and whose translation it accepts.

The hidden cost of references is coordination. Three referees attending separately means three appointments. If several references are needed, ask whether the referees can attend together.

Here is an illustration, not a real case

A Canberra couple adopting a child from overseas are asked by the foreign adoption authority for three character references "sworn before a notary and apostilled". Each referee drafts a short statement about the couple, approves the final wording, and attends a notary with their passport. Each swears their statement, and the notary completes a certificate for each. DFAT apostilles the three documents, and a translator the authority recognises translates them. The couple did not attend any of the three appointments, because the references were the referees' statements, not theirs.

In short

A "notarised reference" is one of three acts: a certified copy, a notarised signature, or a sworn reference. Read the request's wording, and ask if it only says "notarised". A certified copy needs only you and the signed original; the other two need the referee, unsigned letter and photo ID in hand. The notary never vouches for what a reference says. For overseas use, DFAT then adds an apostille or authentication.

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Asked for a notarised reference? Send us the receiving body's wording, and we will explain each step before you book.

Frequently asked questions

Can the notary confirm that my referee is who they say they are?

Only when the referee attends and signs in front of the notary with photo identification. A certified copy of the letter says nothing about who wrote it.

Can a Justice of the Peace witness the referee's signature instead?

For use within Australia, often yes. For use overseas, generally not: a JP's certification is not recognised abroad and cannot be apostilled.

My referee has already signed the letter. Is it too late?

For a certified copy, no. For a notarised signature, the referee will usually need to sign a fresh copy in front of the notary.

Does the notary read the reference?

Enough to understand what is being signed and to complete the certificate. The notary does not check whether what it says is true.

Do I need to attend when my referee signs?

Usually not. The notary deals with the person signing. You may want to be there to help with logistics, but it is the referee's act.

My reference arrived as a PDF. Can it be certified?

A printout of a PDF is not an original, so a certified copy may be declined or narrowly worded. Ask the referee for a signed paper original, or for them to sign before a notary.

Can the notary confirm my referee's job title?

Only if shown evidence of it and the certificate records it. Raise this when booking if the receiving body wants the referee's authority confirmed.

My referee lives overseas. Can they sign before an Australian notary by video?

Generally the referee signs before a notary or official where they live, and it is authenticated there. Whether a remote act is accepted is decided by the receiving body.

Do references for an Australian visa need a notary?

Usually not. Supporting statements for Home Affairs are often Commonwealth statutory declarations, which many authorised witnesses can witness. Check the current form.

Does a sworn reference need an apostille?

If it is going to a Hague Convention country, usually yes, from DFAT. Non-member countries usually need DFAT authentication and then embassy legalisation.