In Short
- A Justice of the Peace (JP) and a Notary Public can both witness signatures and certify copies of documents.
- A JP is generally used for documents within Australia, while a Notary Public is needed for documents going overseas.
- Notary Publics are qualified lawyers who charge fees and can authenticate documents for international use.
Tips for Businesses
Check whether your document will be used in Australia or overseas before booking a JP or Notary Public. Bring valid identification and do not sign documents in advance. Confirm any overseas requirements early, as some documents may also need DFAT authentication or consular certification. Allow extra time for international paperwork.
Summary
This article outlines the difference between a JP and a Notary Public for Australian business owners who need documents witnessed or certified. It is prepared by LegalVision’s business lawyers, and LegalVision, a commercial law firm, specialises in advising clients on commercial documents and legal compliance.
A Justice of the Peace (JP) and a Notary Public both certify people’s identities on documents and authenticate true copies of original documents. This means that JPs and Notary Publics play similar roles within their communities and the legal system as a whole. However, there are some key differences between the two titles. This article will explain the differences between the main functions that each role performs.
What is a JP?
JPs provide a number of important legal services within Australia, such as:
- witnessing a person make a statutory declaration;
- witnessing a person make an affidavit; and
- certifying copies of original documents.
Primarily, JPs provide independent verification of legal documents. Although you do not have to be a lawyer to be a JP, all practising lawyers are automatically able to act as a JP.
What is a Notary Public?
A Notary Public can carry out the same tasks as a JP. However, they can also authenticate documents intended for use overseas. Due to this greater responsibility, becoming a Notary Public is a longer process than becoming a JP. To become a Notary Public, a candidate must:
- have been a lawyer for at least five continuous years;
- currently hold an Australian practising certificate; and
- complete the Notarial Practice Course.
In exchange for their services, Notary Public charge professional fees. Fees are often set by guidelines from relevant organisations based in each state or territory. However, this will vary depending on the complexity of the task and the location.
Levels of Notary Service
Since Notary Publics assist with a wide range of documents, the processes they follow vary. For example, they assist in a:
- one-step process, where they notarise a document before you send it overseas;
- two-step process, the Department of Foreign Affairs and Trade (DFAT) authenticates a document, which a Notary Public notarises before sending it overseas; and
- three-step process, a document is notarised, then authenticated by the DFAT and finally sent to the relevant consulate or embassy for final certification.
While most documents do not require notary services, common examples of ones that do include particular affidavits and real estate deeds. The Court may not deem a document to be legally binding without having been properly notarised. For instance, many powers of attorney, wills, deeds and contracts will need to be notarised before they can be enforced overseas.
To notarise documents, a Notary Public affixes their official seal or ink stamp next to their signature. The involvement of a Notary Public might be relaxed if the parties to the legal document are part of the Hague Convention, which works to instil comity between countries.
How Do I Find a JP or a Notary Public?
You can find a JP through a Justices of the Peace register, which is available in most states. For example, in NSW, there is an online register that lists current JPs in the state. It is also common for libraries, councils, post offices and some pharmacies to make JPs available at scheduled times. You can also contact a practising lawyer to find a JP to witness or certify documents for use solely within Australia. Most states also have a Justices of the Peace register.
You can find a Notary Public through the national online directory, which also provides further details on the services they can provide. However, you should ensure that a Notary Public has been admitted and appointed by the Supreme Court in the relevant state or Territory.
Witnessing Documents
JPs and Notary Publics will sometimes need to ensure that you understand the general nature of the document you are signing, as well as the obligations you are agreeing to.
In order to witness documents, JPs and Notary Publics will need to verify your identity, such as by checking your driver’s licence or passport. They also need to witness you sign the document with their own eyes, which is most often done in person. You may be able to have your document witnessed remotely via video call. However, there may be specific requirements under different state and territory legislation.
If your document is not written in English, you will need to find a JP or a Notary Public who can understand the foreign language. The JP register and national online directory for Notary Publics both allow you to filter results by language. This is also helpful if you are more comfortable speaking in a foreign language.
However, Notary Publics can sometimes witness the document even if they do not understand the foreign language, as long as they are satisfied that you understand the foreign language yourself and understand the legal consequences of signing. They may ask you to sign a declaration that you understand the language and the legal document.
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Key Takeaways
A JP and a Notary Public can help in authenticating important legal documents. If the documents are just for Australian use, a JP can assist. However, you may need a Notary Public if the documents are for overseas use. When using the services of either person, be sure to provide sufficient proof of identification so that they can approve the legal document as required.
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Frequently asked questions
If you sign your document before your appointment with the JP or Notary Public, they will not be able to witness it. They must see you sign that document in order to verify that you signed it freely and without pressure. If you arrive with a pre-signed document, the JP or Public Notary may require you to print out a fresh copy of the document or cross out the signature so that they can witness you sign again.
While most volunteer JPs work from fixed locations, many Notary Publics offer mobile services. This can be useful where you have complex documents or multiple signatures that require witnessing. A Notary Public’s professional fees may involve the costs of coming to you to witness or certify your document, or this may be charged as an additional fee.
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