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. JPs generally offer their services free of charge.
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.
Common examples of documents requiring notary services 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 signatures. 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 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. 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.
Despite a JP or Notary Public’s involvement, you should nevertheless confirm the requirements of your document to ensure that you execute it correctly.
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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.
For more information, our experienced contract lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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