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.

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. Essentially, a Notary Public is an international JP. 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.

Other than by contacting a practising lawyer, you can find a JP through your state or territory’s online register. Local libraries, post offices and some pharmacies also often provide JP services.

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. Because of 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.

Levels of Notary Service

Because Notary Publics assist with a wide range of documents, the processes they follow vary. For example, 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 has been notarised before it is sent 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. A broad range of other documents may not be deemed 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 will affix their official seal or inked 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 at instilling comity between countries.

You can find a Notary Public through the national online directory, which also provides further information about the kind of assistance this role can provide. Despite a JP or Notary Public’s involvement, you should nevertheless confirm the requirements of your document to ensure that you execute it correctly.

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, if the documents are for overseas use, a Notary Public will be needed. When using the services of either person, be sure to provide sufficient proof of identification so that they can approve of the legal document as required. If you need advice on a contract or legal document that is for Australian or international use, call LegalVision’s contract lawyers on 1300 544 755 or fill out the form on this page.

What is a JP?

A JP stands for Justice of the Peace. They can complete a number of important legal services within Australia, including witnessing documents.

What is a notary public?

A Notary Public can carry out the same tasks as a JP, but can also authenticate documents that will be used in different countries.

How can I find a notary public?

You can find a notary public to witness your overseas documents by searching the national online directory.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Thomas Nickoll
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy