Notary public or Justice of the Peace? Getting it right for overseas use
A JP can witness documents for use in Australia — but for overseas use, a notary public is required. Here's why it matters for apostilles.
17 October 2026
It's one of the most common reasons documents are delayed: a copy certified by a Justice of the Peace, sent off for an apostille.
What a JP can do
In Australia, a Justice of the Peace can witness statutory declarations and affidavits, witness signatures, and certify true copies — for use within Australia. A JP's signature is recognised anywhere in Australia.
What a JP can't do
JPs can't certify documents for use overseas. DFAT legalises documents by checking the signature or seal against its records, and it holds specimen signatures for Australian notaries public — not JPs.
What a notary public does
An Australian notary public is a senior legal practitioner authorised to:
- certify original documents and copies for use overseas
- notarise documents in preparation for use overseas
- witness signatures on documents for use overseas
Once notarised, the document can be apostilled or authenticated by DFAT.
When you'll need one
- Private documents — powers of attorney, statutory declarations, affidavits, company resolutions, contracts.
- Copies — if you want to keep your original unmarked, or only have a copy, a notary must sight the original and certify the copy.
Let us handle it
When your order needs notarisation, we coordinate a notary public from our network and hand the document straight on to DFAT. See notarisation coordination.
General information only — not legal advice. Requirements change and the receiving authority's instructions always take priority. Apostille Express is an independent service and is not affiliated with DFAT.