What a Notary Public Can and Cannot Do in Australia

An Australian notary public performs notarial acts for documents commonly intended for overseas use. These may include certifying copies, witnessing or attesting signatures, administering oaths and preparing certificates. The precise act depends on the document and recipient. A notary does not issue apostilles; DFAT is Australia's legalisation authority.

Key takeaways

• A notarial certificate states the act performed and evidence relied on. It does not automatically prove every statement in the underlying document.
• For a true-copy certificate, expect the notary to inspect appropriate source material. For signature witnessing, sign in the notary's presence. Other acts, including an acknowledgment, can have different requirements.
• Only DFAT issues apostilles and authentication certificates in Australia. A notary's certificate is what DFAT then checks.
• A notary may decline where identity, capacity, free will or a conflict of interest is in doubt, and a good one will.
• Many documents used in Australia can use a Justice of the Peace, lawyer or other authorised witness instead. Follow the receiving body's instructions.

Why does the boundary matter?

Notaries are often approached to do things outside their role, and equally often not approached for things squarely within it. Both cost people time. Someone asks a notary to "confirm the contract is legal", which a notary does not do; someone else has a degree certified by a Justice of the Peace for a job overseas, and the receiving employer rejects it. This page sets out where the boundary sits and why.

What can an Australian notary do?

Certify true copies. Compare a copy with appropriate source material and issue a certificate describing what was examined. An original is normally required for an ordinary true-copy act. For an Australian university copy going to DFAT, the university verification and prescribed certificate wording are additional requirements; a plain true-copy certificate is not enough.

Witness and attest signatures. Observe a signature, verify the signatory's identity, and certify that it was made in the notary's presence.

Administer oaths and affirmations. For affidavits and sworn statements, including for foreign courts and registries.

Attest the execution of deeds and powers of attorney, including for company signatories once their authority is established. Our power of attorney and legal declarations page covers this.

Certify corporate matters, such as what official records and company evidence show about existence, office-holders, authority or a resolution. The scope of the certificate is limited to the evidence checked.

Attest translations, by attesting a translator's declaration and binding the translation to the original, where the receiving authority wants that. See our NAATI translation with notary page.

Prepare notarial certificates appropriate to the act, including bilingual certificates where the notary is able to use them. Recipient wording may need legal review before it can be adopted.

Note and protest bills of exchange. Archaic-sounding and rarely needed, but still part of the office and occasionally required in trade finance.

What is outside the notarial role?

Proving every underlying statement. A copy certificate, witnessed signature or oath does not by itself establish that every factual claim in the document is true. The certificate should be read according to its actual wording and scope.

Acting despite a disqualifying conflict. A notary must consider independence and applicable professional rules. A personal or financial interest may require refusal; the result depends on the facts and governing rules. See notary conflicts of interest.

Certifying a true copy without suitable source material. A scan or copy supplied by the client is not automatically equivalent to an original. Electronic and independently verifiable records may require a different process and certificate. Send them to the notary for assessment before booking.

Claiming to have witnessed an earlier signature. A notary cannot state that they observed an act they did not see. An acknowledgment of an existing signature may be a different available act if the recipient accepts it. If the signatory cannot attend, see the options when a signatory cannot attend.

Issue an apostille. Only the Department of Foreign Affairs and Trade (DFAT) does that. A notary whose website implies otherwise is either being loose with language or should not be used.

Vouch for a foreign registry's document. A birth certificate issued overseas is generally authenticated in the country that issued it. An Australian notary can certify a copy of it, but cannot confirm the foreign registry's record, and DFAT will not legalise foreign education documents at all.

When must a notary limit or decline the act?

Give advice about foreign law, unless qualified in that jurisdiction. An Australian notary can tell you what the notarial act does; they cannot tell you whether your contract for a flat in Italy is sound under Italian law. For the legal effect of wills, deeds, property transfers and guardianship documents, see a solicitor.

Proceed without adequate communication. If the notary cannot communicate sufficiently with the signer, an appropriate independent interpreter may be required. Confirm who may interpret and what declaration or identification the interpreter must provide.

Proceed where identity, capacity or free will is not sufficiently established. The notary may pause or decline the act and may request further evidence or professional assessment.

Notarial act	What the notary attests	What it does not prove
Certified copy	The copy matches the original sighted	That the original is genuine or its contents true
Witnessed signature	The named, identified person signed in the notary's presence	That the document is valid or in the signer's interest
Oath or affirmation	The deponent swore or affirmed before the notary	That the sworn statements are true
Company certificate	What the evidence sighted shows about the company or officer	Anything beyond that evidence

Where can a notary fit in the document chain?

Ask the receiving authority whether it needs the original, notarisation, legalisation or a combination. Many authorities accept documents without legalisation, and some eligible original Australian public documents can go directly to DFAT. Where a private document must be legalised, a notarial act is generally the first step. DFAT may then issue an apostille or authentication after verifying the relevant signature, stamp or seal. Any further embassy step depends on the recipient's instructions. Check the HCCH status table and DFAT's current legalisation guidance.

When might you not need a notary?

For domestic documents, the form may permit a Justice of the Peace, lawyer or another authorised witness. For a Home Affairs application, follow the document checklist and certification instructions for that specific application rather than assuming notarisation is required. Some eligible original Australian public documents—such as many registry certificates, court documents and national police checks—may go directly to DFAT if legalisation is required. Confirm the current route first. See notary or JP and DFAT's overview of notarial services.

Why can a notary refuse?

A refused notarisation is frustrating in the moment. But the notarial register is a permanent record, and notarial acts are relied on internationally precisely because notaries refuse when something is wrong. A notary who would notarise anything for a fee produces documents worth nothing. If you are refused, ask why. Often the issue is fixable: the right identification, an independent interpreter, a board resolution, or the original rather than a copy. See can a notary refuse to notarise.

How are Australian notaries appointed?

Appointment and eligibility are governed by state and territory arrangements, so the exact pathway differs. In New South Wales, for example, notaries are appointed by the Supreme Court under the Public Notaries Act and appointment rules. Applicants are generally experienced legal practitioners who complete further notarial study. Our article on how to become a notary explains the jurisdictional differences, and the Society of Notaries of NSW describes common notarial functions. The Australian role is not equivalent to the typically lay US notary; see Australian, US and civil-law notaries compared.

How should you choose a notary?

1. Confirm the person is actually a notary, not a solicitor offering certification. A genuine notary will tell you where and when they were appointed.
2. Ask whether they have handled documents for your destination, and whether they can provide the wording its authorities require.
3. Ask what they charge, including additional copies, and ask for their fee separately from DFAT's and any embassy's.
4. For anything with a deadline, ask how long it will take before you book, and whether any step, such as a university verification, must happen first.

Our notary fees article explains what drives the price, and the document notarisation page explains the appointment itself.

How much can notarial work cost?

Notaries set professional fees based on the act, document complexity, number of signers, certificates and copies. Company searches, university verification, interpreters, travel, urgency and waiting time may add cost. Ask for a written quote that identifies the assumed notarial act and what evidence is included.

DFAT legalisation, embassy or consular processing, translation and courier charges are separate. They are not automatically required after notarisation. Confirm the full route with the receiving authority before paying for later stages, and use current official fee schedules rather than old prices copied online.

What does a practical example look like?

A couple in Canberra are buying a flat in Spain and ask a notary to "check the Spanish contract and notarise it". The notary explains that they can witness the couple's signatures on a power of attorney for their Spanish lawyer, but cannot advise on Spanish law or confirm the contract is sound. The couple get the power of attorney wording from the lawyer, sign it before the notary with their passports, and have DFAT add an apostille after checking the HCCH table. The Spanish lawyer, not the Australian notary, reviews the contract.

What is the practical conclusion?

An Australian notary performs a defined act and records it in a certificate. The act may concern a copy, signature, oath, company record or other evidence, but its scope depends on the document and certificate wording. Ask the recipient what it requires, send the complete document in advance and do not assume DFAT or embassy legalisation must follow.

Related questions

• How do I find a notary public near me?
• What is a notary public in Australia?
• What does a notary record in their register?
• Do I need a notary for visa documents?
• Do public holidays delay notarised documents?

Send us the document requirements, including the document type, destination authority and country, signer location, number of copies and signers, requested certificate wording and deadline.