Frequently Asked Questions

A notary public is an officer appointed to witness signatures, certify copies and authenticate documents so they will be accepted by authorities outside Australia. In Australia most notaries are experienced lawyers.

It depends on the state or territory. In most, notaries are appointed by the Supreme Court, which keeps the roll. In Queensland they are appointed by the Archbishop of Canterbury through the Court of Faculties in England. Either way, they are usually experienced solicitors.

The notary checks your identity, witnesses your signature or examines the original, and then attaches or writes a notarial certificate that is signed and sealed. That certificate is what overseas authorities rely on.

Usually when a document is going to be used overseas. Foreign governments, courts, banks and universities generally will not recognise a Justice of the Peace, but they do recognise a notary's signature and seal, especially once it has an apostille or legalisation.

Not exactly. Most Australian notaries are also lawyers, but notarial work is a separate role. A notary witnesses and authenticates; they do not act for you in the matter unless you separately engage them as your lawyer.

A notary will check that the document is properly signed and suitable for notarising, but advice on what the document means or whether you should sign it is a separate legal service. Ask for that before the appointment if you need it.

Yes. A notary can refuse if your identity cannot be confirmed, you do not appear to understand the document, you seem to be under pressure, or the document looks incomplete or improper.

No. The notary confirms who signed, when and how, or that a copy matches the original. It does not verify that every statement inside the document is correct.

It is the notary's formal statement, signed and sealed, describing what was done: for example that you signed in their presence, or that a copy is a true copy of the original they examined.

Not on its own in most cases. Many countries also want an apostille or embassy legalisation on top of the notarisation. Always check the requirements of the authority that will receive it.

A Justice of the Peace (JP) witnesses and certifies documents for use inside Australia, usually for free. A notary does this for documents used overseas, where a JP's certification is generally not recognised.

Usually not in a way overseas authorities accept. A JP's signature cannot be apostilled by DFAT, so documents for use abroad normally go to a notary.

JPs are volunteers and generally do not charge. Notaries charge a professional fee, which is why it is worth checking first whether you need a notary at all.

When the document stays in Australia and the receiving organisation accepts certification by an authorised person. Many Australian government agencies, banks and employers accept JP-certified copies.

For many Australian purposes, yes: the list of authorised witnesses includes lawyers, pharmacists, police officers and others. Check the receiving organisation's list. For overseas use, you usually need a notary.

Usually not. Home Affairs generally accepts copies certified by an authorised person, and often certified copies are not needed at all for online applications. Check the document checklist for your visa.

The Commonwealth keeps a list of approved witnesses, including JPs, lawyers, pharmacists, police officers and many other occupations. A notary can also witness one.

Some foreign embassies and consulates in Australia witness documents for their own country. Contact the embassy directly to ask what they offer and whether it suits your document.

No. An Australian will needs the witnesses set out in the law of your state, not a notary. A notary may be relevant only if the will or a related document is for use overseas.

Ask the organisation receiving the document exactly what they want: a certified copy, a notarised signature, an apostille or legalisation. If they are overseas, the answer is almost always a notary.

A copy of a document with a statement from an authorised person that it matches the original they have seen. For overseas use the certifying person is usually a notary.

Yes. To certify a copy as a true copy, the notary must examine the original. They cannot certify a copy of a copy or a photo on your phone.

Yes. Bring the original passport. The notary copies the relevant pages, or checks your copy against it, and certifies the copy.

This depends on the document and the receiving authority. Often the better route is an official copy from the issuer. Ask the notary before the appointment.

Not always. A copy certified by the issuing registry, court or university is often the strongest version, and DFAT can apostille many of those directly. A notarial copy is useful when the issuer's copy is not available.

As many as the receiving authorities need. Some keep the copy they receive, so if you are applying to several places, ask each one.

A copy certified by a notary can be apostilled by DFAT because DFAT recognises the notary's signature. A copy certified by a JP cannot.

The certification itself does not expire, but some authorities only accept copies certified within a recent period. Check with the receiving organisation.

A notary can certify that a copy matches the original even if it is in another language, but they may ask for a translation so they understand what they are certifying.

Avoid it. Laminated originals often cannot be apostilled or accepted overseas, and removing staples or binding can raise questions about the document. Bring it as issued.

An apostille is a certificate that confirms the signature and seal on an Australian public document, such as a notary's. It lets the document be accepted in countries that belong to the Hague Apostille Convention.

Only the Department of Foreign Affairs and Trade (DFAT). Notaries and private businesses cannot issue apostilles, though they can prepare documents for DFAT.

When your document will be used in a country that is a member of the Hague Apostille Convention and the receiving authority asks for it. Examples of member countries include India, the United Kingdom and the United States.

Yes. Australia has been a party to the Convention since 1995, so apostilles issued by DFAT are recognised by other member countries.

For many Australian public documents, yes: originals from a government agency, such as Births, Deaths and Marriages certificates, court documents or an AFP National Police Check. Original university documents can be legalised once the university has verified them. Private documents, such as a power of attorney, a declaration or a bank statement, must be notarised first.

DFAT sets out how to lodge documents on its legalisation webpage, including the current options, fees and processing times. Check the DFAT site before you send anything.

No, an apostille does not have an expiry date. The receiving authority may still want a recently issued underlying document, such as a police check from the last few months.

Yes. DFAT legalises translations made by a NAATI certified or recognised translator, when each page carries the translator's name, signature, NAATI seal and date, with a copy of the original signed by the translator. A translation can also be notarised first if the receiving country asks for that.

Then an apostille will not be enough. The document usually needs DFAT authentication followed by legalisation at that country's embassy or consulate.

It confirms the signature, capacity and seal of the official who signed it, such as the notary. It does not confirm the truth of the document's contents.

Legalisation is the chain of checks used for countries outside the Hague Apostille Convention: usually the notary, then DFAT authentication, then the destination country's embassy or consulate in Australia.

DFAT confirms the signature and seal of the Australian official or notary on your document. It is the step before embassy legalisation for non-Hague countries.

Countries that are not members of the Hague Apostille Convention. Membership changes, so check the current list on the Hague Conference website or with the embassy before you start.

At the time of writing Nepal is not a member of the Hague Apostille Convention, so documents for Nepal usually need DFAT authentication and then legalisation by the Embassy of Nepal in Canberra. Confirm the current requirements with the Embassy.

Yes. India is a member of the Hague Apostille Convention, so Australian documents for India are usually notarised where needed and then apostilled by DFAT.

It depends on the embassy. Some accept documents by post or through an agent; others require an appointment. Check the embassy's own instructions.

Most embassies charge their own legalisation fee, separate from the notary's and DFAT's fees. Check the embassy's website for the current amount and payment method.

Usually not. Most embassies only legalise documents that already carry DFAT authentication. Follow the order: notary, DFAT, then embassy.

It depends on DFAT's and the embassy's processing times, and on postage. Leave plenty of time before your deadline and check both websites for current times.

Some embassies want documents translated into their official language, or bilingual documents. Ask them whether the translation must be done before notarisation or can be added later.

A translation by a translator certified by the National Accreditation Authority for Translators and Interpreters (NAATI), the body that certifies translators in Australia. It carries the translator's certification stamp.

For applications made in Australia, Home Affairs generally asks that documents not in English are translated by a NAATI-certified translator. Check your visa's document checklist for the exact rule.

A translation where a notary witnesses the translator's signed statement that the translation is accurate. Some overseas authorities ask for it; for DFAT, a correctly sealed NAATI translation is usually enough on its own.

No. The notary confirms the translator's identity and signature. Accuracy is the translator's responsibility, which is why a certified translator matters.

Yes, if it is by a NAATI certified or recognised translator and carries their name, signature, NAATI seal and date on every page. Translations by anyone else are not accepted by DFAT.

For official use, usually not. Authorities in Australia and overseas generally want an independent, qualified translator rather than the applicant or a relative.

It depends on where the document is going. Some countries want the original notarised and apostilled and then translated; others want the translation itself notarised. Ask the receiving authority which order they accept.

NAATI certifies translators in many languages, including Nepali, Hindi, Chinese, Arabic and others. Availability depends on the language pair, so ask when you enquire.

Often, especially once it has been notarised and apostilled or legalised, but each country sets its own rules. Some require a translator registered in that country. Check first.

A clear, complete copy of the document, including stamps and the reverse side, and the exact spelling of names as they appear on your passport.

Yes. Powers of attorney for property, bank or legal matters abroad are among the most common notarial documents. The receiving country may also require an apostille or legalisation.

Ideally a lawyer in the country where it will be used, or the organisation that will rely on it, so the wording meets local rules. The notary then witnesses your signature in Australia.

Not automatically. Each country decides whether to recognise it. Many will only accept a document in their own format, notarised and apostilled or legalised.

An affidavit is a written statement you swear or affirm is true, signed in front of an authorised witness. It is commonly used in court proceedings and for some overseas purposes.

A written statement you declare to be true in front of an authorised witness, used for many administrative purposes in Australia. Making a false one is a criminal offence.

An affidavit is sworn or affirmed and is mainly used in court proceedings. A statutory declaration is declared and is mainly used for administrative matters outside court.

Yes. The notary administers the oath or affirmation and signs the jurat. Check whether the overseas court also wants an apostille or legalisation.

No. Documents that must be witnessed have to be signed in front of the notary. If you have already signed, you may need a fresh copy.

You can choose to swear an oath or make an affirmation, which has no religious element. Both carry the same legal effect.

Yes. The notary will usually want evidence that you are authorised to sign for the company, such as a company extract or a board resolution, as well as your identification.

Use the certificate from your state's Births, Deaths and Marriages registry. DFAT can legalise the original directly, including commemorative certificates and extracts, as long as it is not laminated or altered. Check whether the receiving authority wants the full certificate.

Use the certificate issued by Births, Deaths and Marriages, not the ceremonial certificate from your celebrant. It can then usually be apostilled or authenticated by DFAT.

Yes. DFAT can legalise the original degree or transcript once the university has verified it as a true and accurate record, sometimes through an online portal. A notarised copy also needs that verification, and the notary's certificate must say the original was verified with the university; a plain "true copy" is not enough.

Apply for an AFP National Police Check. DFAT can often apostille or authenticate it directly. Check how recent the receiving authority needs it to be.

Yes. Get a sealed copy of the divorce order from the court. It can then usually be apostilled or authenticated for the country that will receive it.

Use the certificate from Births, Deaths and Marriages. As with other registry documents, DFAT can often apostille it directly.

An ASIC company extract or other business record usually needs to be notarised, then apostilled or legalised depending on the destination country.

Yes, as certified copies or with a notarised declaration, depending on what the receiving authority asks for. Bring the originals.

Property transactions abroad often need a power of attorney or declaration in the destination country's format, notarised in Australia and then apostilled or legalised. Get the wording from a lawyer in that country.

An Australian notary can certify a copy of it, but an apostille on an overseas-issued document usually has to come from the country that issued it. Ask the receiving authority what they accept.

Your original documents, the unsigned documents to be signed, and current photo identification such as a passport or driver licence. Bring any instructions you received from the overseas authority.

Usually a current passport, or a driver licence with other supporting identification. Your name on the ID should match the name on the document. Ask beforehand if they differ.

Bring evidence linking the names, such as a marriage certificate or change of name certificate. The notary needs to be satisfied you are the person named.

Not for your own signature: you must attend yourself. Someone acting under a valid power of attorney may be able to sign in their own capacity, depending on the document.

Yes. The notary will want to be confident you understand what you are signing. If the document is in a language you do not read, arrange a translation or interpreter.

Yes, and it is often required when you do not speak the document's language or English well. The notary may prefer a qualified interpreter rather than a family member.

It depends on the number and type of documents. Telling the notary in advance what you need, and where it is going, keeps the appointment short.

Fees vary between notaries and depend on the documents. DFAT, embassies and translators charge separately. Ask for a quote that covers every step before you book.

What the document is, the country and authority receiving it, what they have asked for, how many documents, and your deadline. A copy of their instructions helps most.

That every page is signed where needed, the notarial certificate is attached, and names and dates are correct. Mistakes are much easier to fix before the document goes to DFAT.

Some states allow certain documents to be witnessed over audio-visual link, but many overseas authorities still require the notary to see you and the document in person. Check with the notary and the receiving authority before relying on it.

Often yes: you can send your enquiry and copies of the documents so the notary can check them and confirm the steps, then attend in person for signing or certification.

Some notaries offer mobile appointments, for example at home, hospital or an office. Ask when you enquire whether this is available where you are.

An Australian notary generally needs you in front of them. If you are overseas, a notary or the Australian embassy or consulate in that country may be the better option.

The notarisation itself is often done at a single appointment. The longer steps are usually DFAT and embassy processing and postage, so allow for those in your deadline.

DFAT publishes the current lodgement options, including postal and appointment options where available, on its legalisation webpage. Check it before sending originals.

Ask them exactly what was wrong: the wrong type of certification, missing apostille or legalisation, or an out-of-date document. Most problems can be fixed by redoing one step.

You can send a scan, but most authorities want the original notarised document with its seal and any apostille. Check whether a scan is acceptable before relying on one.

Some do. Police checks, bank letters and some certificates are often only accepted if issued within the last few months. Check the receiving authority's rule before you start.

DFAT's legalisation pages for apostilles and authentication, the destination country's embassy website for legalisation, and the receiving organisation for what they want. When in doubt, ask them in writing.