What Is Notary

A Public Notary in Australia is invariably a practising solicitor or attorney who has been practising for over five years, has undertaken further study and been appointed for life by a State or Territory Supreme Court. The Notary is entrusted with statutory powers to witness documents, administer oaths, and perform other wide-ranging administrative functions both within Australia and internationally.

The Public Notary takes oaths, signs and witnesses a broad variety of documents for local use, but importantly is empowered under a United Nations Convention to perform similar functions in respect of documents for use in foreign countries.

At times there is misunderstanding between the powers of a Justice of the Peace and those of a Public Notary. JPs in Australia provide services similar to American notaries, however, JPs are not able to witness any document which is intended for use outside Australia.

Public Notaries carry an Official Seal which is usually impressed onto a red sticker or stamp, affixed to documents as near as possible to their signatures.

All Notaries’ seals and signatures are officially recorded in a database held by the Department of Foreign Affairs and Trade (DFAT), the Australian government department authorised to issue an Apostille or Authentication Certificate certifying that the signatures, seals or stamps of Notaries on Australian public documents are genuine. Effectively the Apostille or Authentication is the Australian Government’s statement to a foreign government that the Notary is recognised in Australia and is empowered to provide the required certification.

Public Notaries also have their signatures, seals or stamps registered with their State or Territory Supreme Court to whom they are accountable, and with their local Society of Public Notaries, if they have chosen to be a member.

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