“Do I need a Notary Public or a Justice of the Peace?” is one of the most common questions asked by Victorians preparing documents. The answer depends less on the document’s title and more on where the document will be used and what the receiving organisation requires.
This guide explains the practical difference between a Notary Public and a JP in Victoria, especially for powers of attorney, certified copies, affidavits, education records, company documents and other papers being sent overseas.
What does a Justice of the Peace do in Victoria?
A Victorian Justice of the Peace is an authorised volunteer who can witness certain documents and certify copies for Australian purposes. JPs provide an important community service, but they are not acting as internationally recognised notarial officers.
For a document that will remain in Australia, the requesting organisation may accept a JP, lawyer, pharmacist, police officer or another authorised witness. The correct witness depends on the legislation, form and organisation involved.
What is an Australian Notary Public?
In Victoria, a Notary Public is a senior lawyer appointed to perform notarial acts, primarily for documents and transactions involving foreign jurisdictions. A notary verifies identity, witnesses signatures, certifies copies and may prepare a formal notarial certificate or act.
The Society of Notaries of Victoria identifies overseas powers of attorney, true copies, company documents, affidavits, education records, succession documents and DFAT legalisation as common areas of notarial practice.
The key difference: domestic use versus overseas use
- Australian use: a JP or another authorised witness may be acceptable.
- Overseas use: the recipient may require an Australian Notary Public.
- DFAT legalisation: a private document or copy may first need to be notarised before DFAT can issue an apostille or authentication.
- Embassy or consular processing: some non-Hague destinations may require additional steps after authentication.
Australian Government guidance confirms that DFAT does not witness signatures or certify true copies in Australia. It can legalise eligible Australian public documents, including copies notarised by an Australian Notary Public. See Smartraveller’s current notarial-services guidance.
Examples where an overseas recipient may request a notary
- a power of attorney for overseas property, banking, litigation or inheritance;
- a certified copy of a passport, birth certificate or marriage certificate;
- an affidavit or declaration for a foreign court or government agency;
- a university degree, transcript or professional qualification;
- company resolutions, ASIC records, certificates or authorised signatures;
- consent documents for a child travelling or living overseas; and
- documents requiring a DFAT apostille, authentication or consular legalisation.
How to avoid choosing the wrong witness
1. Ask the overseas recipient
Contact the lawyer, court, bank, registry, university, embassy or government office that will receive the document. Ask who must witness or certify it and whether it needs an apostille, authentication or consular step.
2. Obtain written instructions
Request the instructions in writing. Requirements can include initials on each page, witnesses, photographs, fingerprints, a particular ink colour, annexures, translations or a specific form of notarial certificate.
3. Leave the document unsigned
If the signature must be witnessed, do not sign before the appointment. Bring every page, schedule and attachment together with current original identification.
4. Allow time for legalisation
Notarisation and DFAT legalisation are separate steps. Read our guide to apostille and authentication in Australia before committing to an overseas deadline.
Notary appointments in Delahey and Truganina
Notary Public Victoria provides local appointment options at Delahey and Truganina, with online, urgent and after-hours assistance available where suitable.
Need the correct witness for an overseas document? Book a notary appointment or email info@notarypublicvictoria.com.au with the complete document and the recipient’s instructions.
General information only. Requirements are controlled by the receiving authority and may differ between countries and document types.