Notary Public in Australia: Definition, Duties, Locations & Examples

In the world of legal and financial transactions, the notary public is a crucial but often overlooked figure. Whether you’re signing an overseas property deed, verifying identity for a business deal, or sending official documents abroad, a notary’s stamp is your gateway to recognition and trust. But what exactly is a notary, what do they do, and where can you find one in Australia? Let’s demystify the role of the notary public and provide practical guidance for when you’ll need one in 2025.

What Is a Notary? Defining the Role in Australia

A notary public, or simply “notary,” is a specially qualified legal professional authorised to witness signatures, certify documents, and administer oaths. In Australia, notaries are almost always senior lawyers (usually solicitors or barristers) with additional qualifications, appointed by a Supreme Court. Their powers are internationally recognised, making them essential for documents destined for overseas use.

• Notaries vs. JP (Justice of the Peace): While JPs can witness and certify many documents for use within Australia, only a notary’s certification is accepted internationally.
• International Reach: Notaries are the only Australian legal professionals authorised to certify documents for use in foreign jurisdictions.

Notaries are governed by state legislation and must adhere to strict ethical and procedural standards. As of 2025, reforms in several states have further clarified the notary’s responsibilities, particularly around identity verification and anti-fraud measures.

Duties of a Notary Public: More Than Just Witnessing Signatures

The core duties of a notary go far beyond watching someone sign a piece of paper. Here’s what you can expect from a notary public in Australia:

• Witnessing Signatures: Observing the signing of documents to verify the identity of the signer and their willingness to sign.
• Certifying Copies: Attesting that copies of original documents (passports, degrees, contracts) are true and accurate.
• Administering Oaths and Affirmations: Taking statutory declarations or affidavits, particularly for use in international courts or business transactions.
• Preparing and Notarising Powers of Attorney: For use in foreign countries—essential for property, finance, or legal arrangements abroad.
• Authenticating Identity: Rigorous identity checks, now more stringent in 2025 due to updated anti-money laundering (AML) regulations and digital ID verification.
• Assisting with Apostille and Legalisation: Guiding clients through the process of obtaining an Apostille (for countries in the Hague Convention) or consular legalisation.

Recent policy updates in 2025 have expanded the use of secure digital notarisation platforms in some states, allowing for electronic witnessing of documents under strict conditions.

Where to Find a Notary and How Notarisation Works in Practice

Notaries are available across Australia, though they are less numerous than JPs. Here’s how you can locate a notary and what to expect:

• Law Firms and Legal Practices: Most notaries operate from private law firms, especially in major cities like Sydney, Melbourne, Brisbane, and Perth.
• Notary Networks: National and state notary associations (such as the Society of Notaries of New South Wales) maintain searchable online directories.
• Public Notary Offices: Some larger towns have dedicated notary offices or public counters.
• Remote and Digital Notarisation: Since 2024, several states allow limited remote notarisation for specific document types, using video link and digital signatures—though international acceptance varies.

What to Bring: You’ll need robust identity documents (passport, driver’s licence), the documents to be notarised, and details of the overseas authority requesting notarisation. Fees are set by the notary and can range from $80 to $300+ depending on complexity and urgency.

Real-World Examples: When and Why You’ll Need a Notary in 2025

Notarisation is typically required when documents are being sent overseas or when a higher level of legal certainty is needed. Here are some common scenarios:

• Buying or Selling Property Abroad: Notaries certify powers of attorney and verify identity for real estate deals in Europe, Asia, or the US.
• International Business Transactions: Certifying company documents, board resolutions, or contracts for cross-border deals.
• Overseas Study or Employment: Certifying academic transcripts, qualifications, or employment records for foreign institutions.
• Immigration and Visa Applications: Certifying birth certificates, marriage certificates, or statutory declarations for embassies or consulates.
• Inheritance and Estates: Certifying wills, probate documents, or affidavits for international estate matters.

With the 2025 updates to AML and anti-fraud frameworks, expect more thorough identity checks and, in some cases, the requirement for in-person appointments even if a digital option is available.

Conclusion: Why Notaries Matter More Than Ever

In an increasingly global world, the notary public is your trusted gateway to international transactions and legal certainty. Whether you’re managing property, studying abroad, or handling cross-border business, a notary’s stamp can make all the difference. As regulations continue to evolve in 2025, Australians can expect greater security and more convenient options for notarisation—but the need for expert verification remains unchanged.