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 specially appointed to certify and authenticate documents for use in other countries. In Victoria, the Supreme Court of Victoria appoints and enrols public notaries under the Public Notaries Act 2001 (Vic). They must hold a practising certificate as a principal, and the Society of Notaries of Victoria is their professional association.
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 notarised document, they are asking for a notary public, not just any authorised witness.
What is an Apostille?
An apostille is a certificate attached to a notarised document to confirm that the notary’s signature and seal are genuine. It applies in countries that are party to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention). Australia is a party to the Apostille 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 comes from 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, foreign authorities generally do not accept a JP’s certification.
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 an apostille from DFAT or, for a country that is not party to the Apostille Convention, authentication by DFAT followed by legalisation at that country’s embassy or consulate.
Polish-Speaking Notary in Melbourne
Radek Dajer is one of the few 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 Polish 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.
This article is general information only. It is not legal advice about your situation, so obtain advice on your own circumstances before acting.
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