How to Notarise a Superannuation Form in Australia

Start with the answer most people are hoping for: if your superannuation form is going to an Australian super fund and you are in Australia, you almost certainly do not need a notary. Rollover forms, release applications, identity checks and most nominations are designed to be witnessed or certified by people you can find for free, and the fund's own form tells you who they are.

A notary becomes the right person in a narrower set of cases, almost all of which involve another country. This page sorts out which case you are in.

For an Australian fund, follow the fund's list

Each fund sets its own identity and certification requirements, within the rules that apply to it. Its forms normally say who may certify a copy of your identification or witness your signature, and the list usually looks much like the list of people who can witness a statutory declaration: a Justice of the Peace, and people in a range of professions. A notary is typically on the list, but paying one where a JP will do is money you do not need to spend.

Read the form's instructions before booking anyone. Funds are specific about details such as the wording the certifier must write, whether each page must be signed, and how recent the certification must be. A form certified by the right person with the wrong wording comes back.

Binding death benefit nominations deserve particular care. Many funds require the nomination to be signed in front of two adult witnesses who are not people you are nominating, and a nomination that fails the fund's rules may not bind anyone. Self-managed funds work differently again, because what the nomination must look like depends on the fund's trust deed. None of that is something a notary's seal fixes. If the nomination matters, and it usually does, check the fund's requirements carefully or ask a solicitor.

When a notary is actually needed

A foreign pension is being transferred into your Australian fund. The overseas scheme sets the paperwork, and it may want your identity documents certified, your signature witnessed, or both, by someone it recognises. An Australian notary is often acceptable where a JP would not be, and the scheme may also want an apostille. Ask the overseas scheme in writing what it accepts before booking, because some are strict about the certifier and some are not.

An overseas body wants evidence of your super. A foreign court dividing assets on divorce, a foreign lender, or a consulate assessing a visa may ask for proof of your balance. A statement downloaded from your fund's website is a printout, not an original. The cleaner route is usually to ask the fund for a signed statement or letter, and then have a notary certify a copy of it.

You are overseas and dealing with an Australian fund. Members who have left Australia, including former temporary residents claiming a departing Australia superannuation payment, sometimes need documents certified abroad. The fund, or the ATO for claims it handles, publishes who can certify documents for applicants outside Australia, and it may include a notary public in that country or an Australian consular officer. An Australian notary cannot act for you while you are overseas. See What to do when you are overseas and need an Australian document notarised.

An overseas fund is paying you. If you are claiming a pension or lump sum from a foreign scheme, that is covered on our page about claiming a foreign pension.

What happens at a notarial appointment

The notary checks your identification, preferably a passport, and confirms you understand what you are signing and are acting freely. For a certified copy, the notary sights the original and certifies the attached copy. For a witnessed signature, you sign in front of the notary. Bring forms unsigned. Bring the overseas scheme's instructions too, so the notary can match the certificate to what the scheme asked for. Every act is entered in the notary's permanent register.

The notary does not certify your balance, your entitlement, or that a form is correctly completed. That is between you and the fund.

Getting a certified copy

For an Australian fund, a certified copy from anyone on the fund's list is enough. For an overseas scheme or authority, a JP's certification is generally not recognised and cannot be apostilled, so a notary is the safer choice. Ask how many sets you need: a transfer may involve both the overseas scheme and your Australian fund, and each may want its own.

Apostille or legalisation

A document staying in Australia needs none. A document going overseas usually needs the notary's signature and seal authenticated by DFAT: an apostille if the destination is a member of the Hague Apostille Convention, checked against the HCCH status table on the day, or DFAT authentication followed by legalisation at the destination's embassy or consulate if it is not. Only DFAT issues apostilles.

What it costs

For an Australian fund, a JP or other listed certifier costs nothing. For a notarial act, fees are not fixed by statute and vary between practitioners and states. As a market estimate only, expect roughly $80–$150 for the first document and roughly $20–$50 for each additional copy at the same appointment. DFAT and embassy fees are set by them and charged per document.

Frequently asked questions

Can a notary help me get my super out early? No. Early release depends on meeting a condition of release under superannuation law, decided by the fund or the regulator. A notary only witnesses and certifies.

Does a notary need to witness my binding death benefit nomination? Usually not. Follow the witnessing rules on the fund's form. For a self-managed fund, follow the trust deed and take advice.

My fund asked for a "certified copy". Does that mean notarised? Almost never. Check the fund's list of acceptable certifiers.

Can the notary give me advice about my super? No. For advice about your super, see a licensed financial adviser; for nominations and estates, a solicitor.