Table of Contents
- What is a Notarised Document?
- Who Can Notarise a Document?
- How Do I Get a Document Notarised?
- Where Do I Start and What Should I Do?
- Can You Notarise a Document Electronically?
- What Happens if I Have Already Signed a Document That Needs to Be Witnessed?
- How Do I Find a Notary Public or JP?
- Key Takeaways
Most people will need to get essential documents notarised from time to time. A notary ensures that you legitimately sign certain documents in the precence of a certified Justice of the Peace or Notary Public. But what does this entail, and why is it important? This article explains how to get a document notarised in Australia.
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What is a Notarised Document?
A notarised document is a document that has been certified by a Justice of the Peace (JP) or a Notary Public. The official will:
- verify the identity of the person/s signing a document;
- witness the signing; and
- mark the document with a stamp or seal.
You will often need to pay a fee in exchange for your notarised document. This will vary depending on where you go and whether you use a JP or Notary Public. JPs cannot charge for their services, whereas a Notary Public can charge up to several hundred dollars for larger documents.
Common examples of documents that you may need to notarise include:
- documents needed for an international transaction, for example, if you export products overseas;
- a power of attorney;
- commercial leases;
- loan documents;
- deeds;
- affidavits;
- bank statements; or
- identity documents.
Who Can Notarise a Document?
A JP and a Notary Public can certify people’s identities on documents and authenticate true copies of original documents. Whilst JPs and Notary Publics carry out similar roles, there are some key differences between the two. The main difference between a JP and a Notary Public is that a JP can only provide assistance in Australia. A Notary Public, on the other hand, is recognised in both Australia and overseas.
Contact a JP if you need assistance with:
- witnessing an oath or affidavit;
- taking a statutory declaration or affirmation;
- witnessing a signature; or
- certifying a true copy of an original document.
A notary will not review, advise or help negotiate the terms of a document. You should make sure that you are comfortable with the document’s contents and seek independent legal advice before signing.
Continue reading this article below the formHow Do I Get a Document Notarised?
First, you should contact a JP or a Notary Public and discuss what you need. Once the JP or Notary Public has confirmed that they can assist, book an appointment with them in person. The JP or Notary Public should set out what you need to bring to your appointment, including:
- the request for the notarial act or instructions;
- your identification; and
- any translations if your document is not in English.
At your appointment, the JP or Notary Public will confirm your documents and check your identification. A Notary Public or JP must ensure a signatory is not legally incapacitated, such as having a physical or mental illness, under duress, or intoxicated. The Notary Public must also ensure the signatory understands the contents of the relevant document. If all is in order, they will create a notarial certificate or witness the documents, as required. A Notary Public will sign and seal the notarial certificate with their official seal.
Where Do I Start and What Should I Do?
- Schedule appointment: Find a notary or a JP and schedule an appointment. Some JPs may not require an appointment but a notary public will generally require one.
- Gather ID and documents: Gather the relevant document/s and take paper copies with you. Do not forget to take some identification when you visit the notary as they will not be able to notarise your document until they can verify your identity. Bring original copies of official identification that proves your identity, for example, your passport, driving licence or another government-issued document.
- Attend the appointment yourself: Attend the notary appointment yourself. You cannot ask someone to go on your behalf, as the notary needs to verify the identity of the person signing.
- Do not sign the documents beforehand: You must sign the document/s in the presence of the notary otherwise, they will not be able to assist as they must witness you signing in their presence.
- Pay the Notary Public: Be sure to pay the Notary Public their fee for the services they have provided. This may be required on the spot, so be prepared with a form of payment. A JP will not be able to charge for their services.
- Ensure the Notary has stamped the document: Ensure the Notary has correctly witnessed or certified and stamped the document.
- If documents are being sent overseas: When sending documents to an international institution, you must verify the institution’s specific requirements to ensure that all necessary criteria have been met.
Can You Notarise a Document Electronically?
Currently, it is not possible to notarise a document digitally in Australia. Instead, documents must be in a physical form, for example, in paper form.
What Happens if I Have Already Signed a Document That Needs to Be Witnessed?
You should not sign a document before seeing a Notary Public or JP in order for them to witness your signature. However, if you have already signed a document that you need to be notarised, your document can still be notarised. However, you must sign again in front of the JP or Notary Public.
How Do I Find a Notary Public or JP?
Each State or Territory maintains registers of public notaries and JPs available to witness documents. See the relevant listing below.
| Australian Capital Territory | ACT Public Notaries Public in the ACT (Supreme Court of the ACT) Justice of the Peace Register ACT |
| New South Wales | NSW Public Notaries (The Society of Notaries of New South Wales) NSW Justice of the Peace Public Registry |
| Northern Territory | Northern Territory Public Notaries (Supreme Court of the NT) Justice of the Peace or Commissioner for Oaths Database |
| Queensland | Queensland Public Notaries (The Society of Notaries Queensland) Justice of the Peace Registry |
| South Australia | South Australian Public Notaries (Notaries’ Society of South Australia) Justice of the Peace Registry |
| Tasmania | Tasmanian Public Notaries (The Law Society of Tasmania) Justice of the Peace Registry |
| Victoria | Victorian Public Notaries (The Society of Notaries of Victoria) Justice of the Peace Registry |
| Western Australia | Western Australian Public Notaries (WA Justice Department) Justice of the Peace Registry |
Key Takeaways
A notarised document is one that has been attested and certified by a Notary Public for use in Australia and overseas or a JP for use in Australia. If you need to get a document notarised, schedule an appointment with either a Notary Public or JP in your state or territory. Likewise, ensure you take along the relevant document and identification to your appointment. Do not sign the document before seeing the Notary Public or JP, and ensure that they apply their official stamp or seal document as required.
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