WHAT IS A PUBLIC NOTARY?

A Public Notary in Australia is a public officer, typically a solicitor, who is appointed for life by a State or Territory Supreme Court. They are authorised to witness documents, administer oaths, and perform other administrative functions, including certifying documents for use overseas. Unlike a Justice of the Peace (JP), a Notary Public’s services are recognised internationally. 

Key functions of a Notary Public:

• Witnessing signatures:

Notaries Public witness signatures on various legal documents, ensuring the authenticity of the signature. 

• Administering oaths:

Notaries Public administer oaths, which are solemn declarations made under penalty of perjury. 

• Certifying documents:

Notaries Public certify documents for use in Australia or overseas, verifying their authenticity and legal status. 

• Preparing and certifying documents:

Notaries Public prepare and certify legal documents, including powers of attorney, wills, deeds, and contracts. 

Notary Public vs. Justice of the Peace (JP):

While both can witness signatures and administer oaths, the key difference is that a Notary Public’s services are recognised internationally, while a JP’s services are typically limited to within Australia. 

All notaries in New South Wales are qualified lawyers of at least 5 years standing who complete the prescribed Notarial Practice Course and apply through the Legal Profession Admission Board. Notaries are appointed by the NSW Supreme Court pursuant to the Public Notaries Act 1997(NSW) and the Public Notaries Appointment Rules 1998.