What Documents Can a Notary Public Certify in NSW?

Most people only find out what a notary public does when they urgently need one. A visa application is rejected overseas. A property settlement in Italy stalls. A US employer asks for notarised qualifications. Suddenly a document you have had for 20 years needs an official stamp you have never heard of – and the deadline is next week.

This guide answers the question directly: which documents a notary public can certify in NSW, which ones need further steps like an apostille or embassy legalisation, what falls outside a notary’s scope, and exactly what to bring to your appointment so nothing goes wrong on the day.

Notary Public

What Is a Notary Public in NSW?

A notary public in New South Wales is a qualified lawyer – a solicitor or barrister with at least five years of legal experience – who has been appointed by the Supreme Court of NSW under the Public Notaries Act 1997 (NSW). Before appointment, candidates must complete the prescribed Notarial Practice Course through the Legal Profession Admission Board.

The notary’s distinctive seal and signature are internationally recognised. Courts, government agencies, banks, and institutions in countries around the world accept their certifications – which is the defining difference between a notary public and a Justice of the Peace.

A JP can certify documents for use within Australia only. A notary public can do everything a JP can do, plus certify documents accepted overseas. If your document is going to another country, you almost certainly need a notary – not a JP.

The Complete List of Documents a Notary Public Can Certify in NSW

Notarisation is available for a wide range of document types. Below is a comprehensive, category-by-category list.

Personal Identity Documents

• Passport (certified copy)
• Australian driver's licence
• Birth certificate
• Marriage certificate
• Divorce certificate / decree absolute
• Death certificate
• Change of name certificate
• Australian citizenship certificate

Education and Professional Credentials

• University degrees, graduate certificates, and academic transcripts
• TAFE certificates and vocational diplomas
• Professional licences and registrations (medical, legal, engineering, teaching, nursing)
• Membership certificates of professional bodies
• National Police Check certificates
• Working with Children Check documentation

Legal and Business Documents

• Powers of attorney for use overseas
• Statutory declarations intended for international use
• Company constitutions and ASIC-issued certificates
• Contracts and deeds for overseas execution or filing
• Affidavits and sworn statements
• Corporate authority documents and board resolutions
• Director certificates and shareholder resolutions
• Loan and financial agreements for international parties

Property and Financial Documents

• Land title documents and property deeds for overseas transactions
• Mortgage documentation
• Trust deeds
• Financial statements required for international visa or loan applications
• Insurance certificates for overseas purposes

Immigration and Visa Documents

• Supporting documentation for partner, family, and skilled migration visas
• Sponsorship and nomination declarations
• Adoption documentation
• Documents for overseas work visa applications
• Letters of support or statutory declarations for immigration tribunals

The signature that wasn't accepted in Italy.

A client brought in a power of attorney to be used in Italy. Everything appeared to be in order — the document was complete, the client was properly identified, and it was notarised and sent off. When it arrived, the Italian notary refused to accept it. The reason? The client had signed using an initial rather than his full name. Under Italian notarial requirements, the full legal name must appear in the signature — not an abbreviation, not a shortened version. The document had to be recalled, the client attended again and signed correctly, and the whole process started over.

It's a rare and extreme example, but it happened. International documents — particularly those going to Italy — are reviewed against strict formal standards that can differ significantly from what you're used to signing here.

The document that came back because not every page was signed.

n another case, a multi-page document was returned from overseas because only the final page had been signed. In some jurisdictions, each individual page must bear the signatory's signature. The document came back, the client had to attend again, and the process began from scratch.

The takeaway from both cases is the same: before you come in, find out exactly what the receiving country or institution requires. Ask them. Get it in writing if you can. Taking ten minutes to confirm their specific requirements can save you weeks of back-and-forth.

Differences

Notarisation, Apostille, Embassy Legalisation — What's the Difference?

This is the question we get asked most, and the confusion is understandable.

Notarisation

Notarisation is the first step. You appear before us, we verify your identity, you sign the document in our presence, and we sign and affix our seal and stamp to certify that the signature is genuine and that you are who you say you are.

Apostille

An apostille is an additional layer of authentication. It's a formal certification attached to your notarised document by the Australian Passport Office, confirming that we are a legitimate Public Notary in Australia. This is required by countries that are signatories to the Hague Convention — which includes most of Europe, the United States, and many others.

Embassy legalisation

Embassy legalisation is the alternative when the destination country is *not* part of the Hague Convention. In those cases, the document goes to the Embassy or Consulate of the receiving country here in Australia, which verifies our credentials and endorses the document accordingly.

As a general guide: if the document is going to a Hague Convention country, you’ll need notarisation plus an apostille. If it’s going to a country outside the Convention, you’ll need notarisation plus embassy legalisation. If you’re unsure which applies, contact the authority in the destination country and ask them directly.

Need urgent documents notarised (visa, immigration, or overseas transaction?) Call Calabrese Lawyers today

Services Not Included

What a Notary Can't Do For You

There’s an important limitation that people don’t always realise: we do not notarise documents for use within Australia.

If you need a document witnessed or certified for an Australian bank, government agency, or court — a statutory declaration, a certified copy of a licence, a witnessed signature — you need a solicitor or a Justice of the Peace. JPs are available at most local council offices, Australia Post branches, and police stations, usually at no cost.

Our role is specifically for documents going overseas. It’s not that we won’t help — it’s that we’re genuinely not the right person for domestic certifications, and sending you to a JP or solicitor will get you sorted faster.

Documents in a Foreign Language

For Italian documents, there’s no additional step — we read the document directly. Being fluent in Italian means we can review the content and notarise accordingly.

For documents in other languages, we prepare a certificate stating that the document was signed in our presence by the person who appeared before us, and we attach that to the document. We’re certifying the act of signing rather than the content.

If the receiving authority requires a certified translation — and some do — that’s a separate step that may involve an accredited translator. Again, confirming what the destination country requires before you arrive is the best way to avoid surprises.

Timing

How Long Does It Take?

The appointment itself can be relatively quick, but the full process — including obtaining an apostille or embassy legalisation if required — typically takes 5 to 10 working days.

If you’re working against a deadline for a settlement, a visa application, or an overseas submission, factor that in and come to us as early as possible.

When you come in, bring your passport, a second form of photographic ID, and a fully completed document. If you have written confirmation from the receiving institution of exactly what they need, bring that too.

The One Thing That Would Save Most Clients a Second Trip

If there’s one piece of advice that would prevent the most wasted time, money, and frustration, it’s this: before you come in, confirm exactly what the receiving country or institution requires.

Requirements vary — sometimes dramatically — from country to country. One example that still stands out: a particular country would only accept documents signed in blue pen. Not black. Blue. A document signed in black ink was returned. That’s an unusual case, but it illustrates just how specific some requirements can be.

There is no universal standard. What works for the United States may not work for China. What Italy requires may be completely different from what the UAE expects. Some countries require specific signature formats, particular ink colours, translations, or a precise sequence of certifications. The destination country’s requirements should always drive the process — not assumptions based on what worked somewhere else.

When in doubt, ask us before your appointment. We’ll tell you what we know, and where we’re uncertain, we’ll point you to the right authority to confirm.

Ready to Book?

If you have a document that needs notarising — a power of attorney, a declaration, a certified passport copy, or any document headed overseas — contact Calabrese Law to discuss your requirements. Coming prepared means a smoother appointment and no second trips.