Summary
- A Justice of the Peace (JP) or Commissioner for Oaths is authorised to witness statutory declarations, affidavits and certify copies of documents.
- JPs act as independent, impartial witnesses and cannot charge a fee or provide legal advice when performing their role.
- You can usually find a JP through official registers or at locations such as libraries, councils and post offices at set times.
- This guide explains how to find a Justice of the Peace or Commissioner for Oaths for Australian individuals and businesses, outlining their role and availability.
- It is prepared by LegalVision’s business lawyers, a commercial law firm that specialises in advising clients on legal documents and witnessing requirements.
Tips for Businesses
Check whether your document requires a JP, Commissioner for Oaths or notary before arranging signing. Use official registers or local services to find one, and confirm availability in advance. Ensure the document is complete before attending, as the witness cannot assist with drafting or provide legal advice.
A Justice of the Peace or Commissioner for Oaths is an authorised person who witnesses documents, certifies copies, and administers oaths or declarations to verify that information is true and properly signed. They provide a free, independent service for routine legal and administrative matters, such as affidavits and identity documents, but do not give legal advice or handle complex legal work. This article explains how to find a Justice of the Peace or Commissioner for Oaths and what services they provide.
What Does a Justice of the Peace Do?
Justices of the Peace are volunteers. They are appointed to their position by the governor of their state. Their primary role is to:
- witness statutory declarations, oaths or affidavits; and
- certify copies of original documents.
JPs act as an independent witness to the execution of official or legally binding documents. If a document requires a JP to oversee its execution, this will usually be stated in the preliminary notes or near the signature panel.
As a result of their important role, JPs must be honest and impartial. Therefore, they may not:
- refuse their services unreasonably;
- charge a fee; or
- receive a gift for their services.
They also cannot assist with the drafting of a statutory declaration or affidavit or provide any type of legal advice whilst acting in their capacity as a JP.
In the Northern Territory, a Commissioner of Oath performs the same duties as a Justice of the Peace. Each state has distinct rules about what JPs can do.
How Do I Find a Justice of the Peace?
Most states have a Justices of the Peace register.
As well as the register, libraries, councils and post offices often make JPs available at scheduled times. A list of scheduled JP services in NSW is available online.
What Is a Notary Public?
A Notary Public is a public officer, such as a practising lawyer, who can:
- witness documents;
- administer oaths; and
- certify copies of original documents.
Notaries Public are able to perform all the duties of a Justice of the Peace. Furthermore, while a Justice of the Peace is only recognised in Australia, a Notary Public is recognised in overseas jurisdictions. A Notary Public will also have an official seal which is recognised in Australian, foreign and international courts. Notaries Public are sometimes called international Justices of the Peace because their role predominantly involves witnessing or certifying documentation required by a client for overseas use.
This means that a Notary Public can perform a number of unique functions, including:
- preparing certificates of law in overseas jurisdictions; and
- certifying that a document is a correct copy so that it may be used overseas.
How Do I Find a Notary Public?
Notary locators are accessible online. In NSW, the Notary locator lists names of Notaries Public in many suburbs across the state.
However, you should make sure that a Notary Public has been admitted and appointed by the Supreme Court in the relevant state or Territory.
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What Services Do Justices of the Peace and Notaries Public Offer?
The key differences between the services offered by JPs, Notaries Public and Commissioners of Oath are listed below.
| Justice of the Peace | Commissioner of Oath | Notary Public | |
| Recognised throughout Australia | Yes | Only in NT | Yes |
| Recognised overseas | No | No | Yes |
| Certify Identity | Yes | Yes | Yes |
| Certify true copies of original documents | Yes | Yes | Yes |
| May have their own official seal | No | No | Yes |
| Witness affidavits and statutory declarations | Yes | Yes | Yes |
| Certify documents for international recognition | No | No | Yes |
Translators
You may be able to find Notaries Public and Justices of the Peace that speak other languages. However, it will sometimes be necessary to obtain the services of an interpreter or translator to assist a Notary Public or a Justice of the Peace. If you need to do so, the interpreter or translator should be properly qualified. They will need to take an oath stating that they will translate the relevant documents to the best of their ability.
Key Takeaways
Justices of the Peace, Commissioners of Oath and Notaries Public can witness affidavits, certify documents or administer oaths. Commissioners of Oath are recognised in the Northern Territory. Justices of the Peace are available across Australia and Notaries Public are able to make internationally recognised certifications. Notaries Public are admitted lawyers and provide the broadest range of services. If you need to find a Justice of the Peace, Commissioner of Oath or Notary Public, you can search the registers available online.
Frequently Asked Questions
They act as authorised witnesses for legal documents. They can witness statutory declarations and affidavits, administer oaths and certify copies of original documents.
No. Only certain documents, such as statutory declarations or affidavits, require an authorised witness. Many standard contracts do not require formal witnessing.
Both perform similar functions, such as witnessing documents and administering oaths. In many cases, a Commissioner of Oaths (often a solicitor) handles formal legal documents, while a JP provides a free public witnessing service.
You can use online registers or visit local services such as libraries, councils or post offices, where JPs are often available at scheduled times.
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