A Notary Public, (also known as a Public Notary) is a senior lawyer who can administer oaths and statutory declarations, witness and authenticate documents, and perform other acts in relation to Australian documents which intend to be used overseas.
Public Notaries are appointed by the Supreme Court in accordance with the Public Notaries Act 1997 and the Public Notaries Appointment Rules 1998.
Overseas Documents & a Notary Public
Generally speaking, if documents need to be used overseas and are signed in or sent from Australia, they must be ‘notarised’ by a Notary Public.
When documents are sent within Australia they may not need notarising, but instead require certification from a Justice of the Peace.
A Notary Public can carry out the same tasks as a JP, however, as they can also authenticate documents intended for use overseas becoming a Notary Public is a longer process than becoming a JP and holds more responsibility.
To become a Notary Public, a candidate must have the following credentials:
- Must have been a lawyer for at least five continuous years
- Must currently hold an Australian practising certificate
- Must complete the Notarial Practice Course.
Matthew Jones, as a Public Notary, can complete multiple signatures, prepare a special certificate or bind documents.
The Process of Authenticating Documents for Overseas
In order to authenticate documents for overseas use, the original documents must be supplied, along with a copy of your licence or passport, for identification purposes.
It is also important to provide any specific instructions on how your documents need to be signed.
It is worth noting, that some documents need to be taken to the Department of Foreign Affairs and Trade or the relevant embassy to obtain an Apostille.
Matthew Jones can help you with this and can also give you advice on where you need to go.
The Department of Foreign Affairs and Trade will then authenticate documents by certifying they were notarised by a Notary Public.