Notary Publics are appointed legal officers who are able to provide notarial services. The canonical work Brooke’s Notary describes notarial services as being both “numerous and [entailing] greater responsibility and skill than any short description could seek to convey”. However, the most frequently exercised notarial service is that of notarisation—attesting to and certifying the authenticity of personal and commercial legal documents for use within Australia, as well as overseas countries who are signatories to the 1961 Hague Apostille Convention. This is unlike the powers of a justice of the peace who can only certify documents for use nationally within Australia.
This notarisation process involves first establishing and confirming the identity of the signatory through evidence such as a driver’s licence or passport. Once this is done, the notary must then confirm the signatory is legally capable of signing the document, and that the signatory understands the contents of the document which they are to sign, or have already when witnessing a copy. A notary does not need to understand the document’s contents, only the signatory is required to.
After witnessing a signature, a notary will then affix their official seal (either a sticker or stamp) to the document. All notary public’s signatures and seals are on file with the Department of Foreign Affairs & Trade (DFAT) as well as held by the relevant State or Territory Supreme Court.
For documents intended for use overseas, the document must also be presented to DFAT who will affix an Apostille confirming that the notary was indeed authorised to authenticate the document.
In Queensland notaries are appointed through the Faculty Office of the Archbishop of Canterbury in Westminster, London. This is unlike other states and territories in Australia where notaries are granted powers by their applicable Supreme Court. In order to be appointed in the state of Queensland, an applicant must be an experienced, trustworthy solicitor. The Society of Notaries of Queensland is the principal professional body in the state and represents the interests of its members to the Master of Faculties in England.
Do you require the services of a notary public? Our principal Jennifer Williamson was appointed as a notary in 2005, and has served as the Society of Notaries of Queensland’s secretary. In addition, she is a practising solicitor with over 30 years experience and has handled numerous complex international matters at the intersection of succession and notarial law. Schedule an appointment before attending our offices in Rocklea, only 20 minutes from Brisbane CBD. Remember to bring the documents relevant to your matter and evidence supporting your identity.