A Notary Public, also known as a Public Notary, is a senior lawyer who can administer oaths and statutory declarations, witness and authenticate documents, and carry out other acts in relation to Australian documents intended for use overseas. Notaries Public are appointed by the Supreme Court in accordance with the Public Notaries Act 1997 (NSW) and the Public Notaries Appointment Rules 1998 (NSW).
Generally, documents must be notarised by a Notary Public if they need to be used overseas and are signed in or sent from Australia. Documents sent within Australia may not need notarising, and instead may only require certification from a Justice of the Peace.
A Notary Public can complete multiple signatures, prepare a special certificate, or bind documents together. To have documents notarised, you will usually need to bring the original documents and a form of identification, such as a licence or passport. It’s also worth checking in advance whether there are any specific instructions about how the documents need to be signed, since some documents must then be taken to the Department of Foreign Affairs and Trade or the relevant embassy to obtain an Apostille.
The Department of Foreign Affairs and Trade authenticates documents by certifying that they were notarised by a Notary Public. This authentication can only be sought once the documents have already been notarised.
A Notary Public is typically required for transactions and documents such as:
- Authenticating official, government and personal documents for use overseas
- Certifying copies of documents
- Witnessing signatures and authenticating identity
- Witnessing Powers of Attorney for use overseas, including preparing them
- Witnessing documents and authenticating status and transactions for corporate and business clients
- Dealing with documentation for land, property and deceased estates located overseas
- Administering oaths, and witnessing affidavits, statutory declarations and other documents
For information regarding authentications and Apostilles, contact the Department of Foreign Affairs and Trade or the relevant embassy or consulate.