What is a Notary Public and When Do You Need One?

If you need to use an Australian document in another country, you may be asked to have it notarised. Many people have never needed a notary public before and are unsure what the process involves. This guide explains what a notary public does, when you need one, and how the process works in Victoria.

What is a Notary Public?

A notary public is a legal practitioner who is specially appointed to certify and authenticate documents for use in other countries. In Victoria, notaries are admitted by the Supreme Court of Victoria and are regulated by the Society of Notaries of Victoria.

A notary’s role is to verify the identity of the person signing a document, confirm that the document is genuine, and attach a certificate that gives overseas authorities confidence in the document’s authenticity.

When Do You Need a Notary?

You may need a notary public in a range of situations, including:

• Signing a power of attorney to deal with property or legal matters in another country
• Entering into international business contracts or corporate transactions
• Submitting documents for immigration or visa applications overseas
• Adoption proceedings involving another country
• Producing evidence for foreign court or government proceedings, or supporting estate planning involving overseas assets

If a foreign authority, court, or institution asks for a document to be notarised, they are asking for a notary public, not just any authorised witness.

What is an Apostille?

An apostille is a certificate that is attached to a notarised document to confirm that the notary’s signature and seal are genuine. It is used in countries that are party to the Hague Convention on the legalisation of documents.

Australia is a party to the Hague Convention. This means that once a document has been notarised and an apostille attached, it will generally be accepted in other member countries without further authentication.

The apostille itself is issued by the Department of Foreign Affairs and Trade (DFAT) in Australia. The process works in two steps: the notary prepares and signs the document, and then DFAT issues the apostille to confirm the notary’s credentials.

How is a Notary Different from a Justice of the Peace?

This is a question many people ask. A Justice of the Peace (JP) can certify copies of documents and witness statutory declarations for use within Australia. However, a JP’s certification is generally not accepted by foreign authorities.

Only a notary public can certify documents for use overseas. If you need a document certified for an international purpose, you need a notary, not a JP.

How to Get Your Documents Notarised in Victoria

The process typically involves attending an appointment with the notary, bringing your original documents and proof of identity, and signing the documents in front of the notary. Depending on the destination country, the document may then need to go to DFAT for an apostille.

Polish-Speaking Notary in Melbourne

Radek Dajer is one of only two Polish-speaking notaries in Victoria. If you need documents notarised in Polish — including ZUS and KRUS pension documents, property transactions in Poland, or inheritance matters — we can conduct the entire process in your language. Visit our Polski Lawyer Melbourne page for more information.

Contact Professional Edge Lawyers

Professional Edge Lawyers provides notarial services in Victoria. If you need documents notarised or are unsure whether you need a notary for your situation, contact us to discuss your needs. We can guide you through the process and make sure your documents meet the requirements of the relevant overseas authority.