Which Australian Documents Can Be Apostilled at All

An apostille is not something a document "gets" because it is important. It is a certificate from the Department of Foreign Affairs and Trade confirming that a particular signature and seal on the document are genuine. So the question "can this be apostilled?" is really three questions, and a document has to pass all of them.

The three tests

1. Is it an Australian document? DFAT only apostilles documents issued or executed in Australia. A birth certificate from another country, a foreign degree or a foreign company's records cannot be apostilled here, however long you have lived in Australia. They are authenticated in the country that issued them.

2. Is it for use outside Australia? An apostille exists so that a foreign authority can rely on an Australian signature. A document for use in Australia does not need one, and DFAT does not issue them for that purpose.

3. Does it carry a signature and seal DFAT can verify? This is the test most documents fail. DFAT checks the signature against specimens it holds. If the person who signed the document is not someone whose specimen DFAT holds, there is nothing to verify — and the document cannot be apostilled as it stands.

The third test is why notaries are involved in so much overseas paperwork. A notary's specimen signature and seal are held by DFAT, so a notarial act on a document gives DFAT something to verify.

Document by document

Birth, death and marriage certificates from an Australian registry. Public documents signed for a government registry. DFAT can generally apostille the original directly, with no notary, where it holds the relevant specimen. Confirm with DFAT for your certificate, particularly if it is old. DFAT's published list includes commemorative birth certificates but excludes ceremonial and commemorative marriage certificates; even where DFAT accepts one, the overseas authority may want the standard certificate.

Court documents. Sealed or certified copies issued by an Australian court may be capable of direct authentication, depending on whether DFAT can verify the court officer's signature. Ask DFAT, or ask the court whether it issues copies intended for overseas use.

Police checks. Depends on the format of the check and who issued it. Ask the issuing agency whether it provides a version suitable for overseas legalisation, and ask DFAT, before ordering.

Company documents from ASIC. Certificates and extracts are commonly issued electronically, which raises the signature problem. The usual routes are ASIC-certified copies, where DFAT will act on them, or a notarial certificate based on a search of the register. The page on apostilles for company incorporation documents covers this.

University degrees and transcripts. Two routes. DFAT can apostille the original once the university has verified it as a true and accurate record. Or a notary notarises a copy, and for university documents the certificate must state that the original was verified with the university; a plain true-copy certificate does not satisfy DFAT. Public TAFE originals can go to DFAT directly; documents from private colleges and registered training organisations must be notarised first. Foreign qualifications cannot be apostilled in Australia at all.

Private and commercial documents. Contracts, powers of attorney, declarations, affidavits, invoices, letters, resolutions. There is no official signature on these for DFAT to check. They go to a notary first, always.

Translations. A translator's signature is not held by DFAT. Where a translation must be apostilled, the translator's certification or affidavit is usually notarised, and the apostille attaches to the notary's act.

Documents certified by a Justice of the Peace, solicitor or other authorised witness. These certifications are valid for many purposes in Australia but DFAT does not hold specimens for them, so they cannot be apostilled. A copy certified by a JP cannot be fixed by apostilling it; start again with the original and a notary.

Photocopies, scans and printouts. Not on their own. A notary may be able to certify a copy from an original they have seen, which can then be apostilled.

Documents that exist only electronically. Digital certificates, emailed PDFs and online records do not carry a physical signature and seal. Whether and how they can be brought into the apostille process depends on the document and on DFAT's current approach to electronic documents. Ask DFAT, and tell the notary exactly how you obtained the document.

An Australian passport. The passport itself is not apostilled. Where a foreign authority wants evidence of your passport, the usual route is a notarised copy, which can be.

The notary route changes what the apostille says

A notary can make almost any Australian document apostillable, by certifying a copy or attesting a signature. But the apostille then confirms the notary's signature, not the signature of the registry, court or university that issued the original.

Most receiving authorities accept that. Some insist on an apostille over the issuing official's own signature, particularly for civil status documents such as birth and marriage certificates. Where both routes are possible, ask the receiving authority which it wants before choosing.

Apostille or authentication

An apostille is only useful in countries that are parties to the Hague Apostille Convention. Check the destination against the HCCH status table on the day you act; membership changes. For other countries, DFAT authenticates the same signature and seal, and the destination's embassy or consulate then legalises the document. The three tests above apply to both.

Common questions

Can a notary issue an apostille? No. Only DFAT issues apostilles in Australia.

Does an apostille confirm my document is true? No. It confirms the signature and seal. It says nothing about the contents.

My document was notarised in another state. Does that matter? Not for DFAT's purposes, provided the notary's specimen is held.

I was born overseas but I am an Australian citizen. Can DFAT apostille my foreign birth certificate? No. The document is foreign; it is authenticated where it was issued. Your Australian citizenship certificate is a different, Australian document.