Notarial services and document legalisation overseas

Services we provide

As part of DFAT’s role as the local authority for a number of international conventions or arrangements, we provide the following services overseas.

• issuing of Certificates of no Impediment to Marriage (CNI)
• legalisation of signatures and seals that appear on Australian public documents (authentications and apostilles)

We also provide the following notarial acts overseas:

• certifying copies of Australian documents, or documents intended for use in Australia
• witnessing signatures on Australian forms
• witnessing the signing of Australian Statutory Declarations
• witnessing the making of an Australian Affidavit

Clients are advised that the documents relating to notarial services you require from the Australian missions overseas must be presented in the correct form with the correct instructions for witnessing any signatures on the documents. If you are unsure of the legislative requirements relating to witnessing signatures on a particular document, you should seek independent legal advice. Please note, by witnessing a signature on a document neither the Australian Government nor the Australian mission overseas guarantees the legal effectiveness of the document or the accuracy of its contents.

Authentications and apostilles

Overseas authorities will often request that you have your Australian document/s legalised either through an authentication or an apostille before a document can be accepted for local use. The Department of Foreign Affairs and Trade (DFAT) will certify that a signature or seal on an original official Australian public document is genuine by checking it against a specimen held on the department’s database, and applying an authentication certificate to the document.

This is a legal process, and DFAT will only issue an authentication once satisfied that the signature or seal on the document is not fraudulent.

From 1 July 2015, most Australian missions overseas are permitted to issue Australian apostilles on original public document. This does not apply to Consulates headed by an Honorary Consul.

Which stamp do I need – authentication or an apostille?

You should check with the local authorities requesting the document as to their requirements in order to ensure that the appropriate service is provided for your documents to be accepted. DFAT staff cannot advise clients of foreign requirements. We can provide the following general information.

Apostille

As a general rule, countries that are party to the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents require an apostille on documents that qualify as Australian public documents. These countries include Italy, Croatia, Greece, the Netherlands, Israel, South Korea and many others. A full list of countries that are party to this convention can be found at the Hague Conference on Private International Law website.

Some countries will accept an apostille for certain types of documents, and many require an original government document to have been issued within 3 months of the apostille being affixed. This is especially the case in relation to birth and marriage certificates issued by the State Registry of Births Deaths and Marriages (BDM). You must check the local requirements. Often, it is the original BDM that requires an apostille, not a translation of it.

Online verification is available for apostilles issued by Australia on or after 14 December 2015. To verify an apostille online, visit the verify an apostille page.

Authentication

Documents going to countries that are not party to the Hague Convention generally require an authentication. These countries include China, the UAE, Iraq, and many others. Some countries impose restrictions on how an authentication is affixed. For example, you may not be allowed to have an Australian notary public certify your foreign document as a true copy for the purposes of having an authentication affixed.

Can I get both certifications?

There may be occasions when you wish to use the same document in multiple countries, some of which may be signatories to the Hague Convention and other which are not. To ensure that your document is acceptable to the receiving country, it would be in your best interests to have two original documents legalised – one with an authentication and the other with an apostille.

What documents can be legalised?

Overseas, we can only authenticate Australian public documents or foreign documents intended for use in Australia that have already been authenticated by the local foreign affairs department or other approved agency.

In the case of Australian public documents, in order to be accepted for authentication or apostille, you must present the original document issued by an Australian government department or agency with an official signature or seal.

As a general guide the documents most commonly requiring an apostille are original birth, death, marriage, divorce or change of name certificates issued by a Registry Office in Australia, or an Australian Court and original AFP criminal history checks.

Laminated or damaged documents will be refused for legalisation. Replacements will need to be obtained from the issuing authority.

Education documents presented to DFAT for an authentication or apostille must have been issued by an Australian accredited education authority. See the Australian Qualifications Framework website for more information on who can issue education documents in Australia. If your education document was issued by an institution in a foreign country, it will need to be authenticated or apostilled by that country, not by DFAT.

In the case of private documents, such as a power of attorney or an article of association for a company, it must first have been certified and or witnessed by an Australian notary public (in Australia) or an Australian diplomatic or consular officer in accordance with the Consular Fees Act 1955 ​for an authentication. Copies of documents made by consular and diplomatic officers cannot be issued with an apostille (except copies of Australian Passports).

The following guide will assist in the preparation of documents prior to lodgement with an Australian overseas mission. Getting your documents ready in the correct form will prevent delays in the processing of your application.

Where you want to use a copy of an Australian Public document to obtain an apostille, you will either need to post the documents to Australia and have a copy made by an Australian Notary Public, or, if you are currently located in an Apostille Convention country, arrange to have a local Notary Public certify the document and then approach the local competent authority for an apostille (not the Australian high commission or embassy).

For example, you are currently in India (Apostille Country) and you have an Australian (Apostille Country) document (eg a birth certificate) that you need to send to Italy (Apostille Country) in support of a visa application. A copy of your Australian document can be certified by a Notary Public in India, and then the competent authority in India would issue an apostille confirming the notary who made the copy is a true notary.

Second option is that you could order a replacement original document from Australia and then present it to the Australian mission for our staff to issue an apostille against the signature and seal of the Australian Registrar that appears on the original document. It is for this reason, that many countries require apostilles to be placed on original documents.

What do I need to do to have my document legalised?

Australian university contacts for verifying content as a ‘true and accurate record’.

What is a notary public?

A notary public is not the same as a Justice of the Peace (JP).

Within Australia, notaries public are senior legal practitioners who prepare, attest, witness and certify original and copied legal documents for use overseas. DFAT officers are not notaries public. A list of Australian notaries public can be found on Supreme Court or Law Society listings for each state or territory. You can also search in telephone directories using the search ‘Notary Public’ and your post code. Alternatively use the Society of Notaries responsible for your state listed below:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

Many professionals in Australia can witness signatures and certify copies of documents under Australian domestic legislation. For the purpose of legalising your document for use overseas, (ie through an authentication or apostille), DFAT cannot accept documents signed by these professionals. Only documents signed and/or witnessed by Australian notaries public can be accepted for an apostille. For an authentication, Australian consular or diplomatic officers can witness you signing forms or make copies. The Apostille Convention does not apply to consular or diplomatic officer signatures. .

Generally, Justices of the Peace (JP) cannot sign documents for DFAT legalisation purposes. The exception is documents from Western Australia signed by JPs who perform the function in relation to their role within a local court. We also cannot accept documents signed by foreign notaries public.

Note: Services provided by notary public will incur a fee.

What if my document is not Australian in origin?

Legalisations are available at foreign embassies and consulates in Australia. If you have a foreign document requiring authentication or apostille, you should contact the embassy or consulate of the country that issued the document to arrange it. Depending on the services provided by the issuing country’s embassy or consulate, this may entail sending your documents back to the country of origin.

If you are in the foreign country, it is usually their Ministry of Foreign Affairs who issues the authentication or apostille.

If your document has been signed/witnessed by a foreign Notary public, it is that country’s government authority that must legalise the document, not Australian embassies or high commissions. It’s important to remember that an apostille issued by Australia (either an Australian Passport Office in a capital city or through an Australian mission overseas) cannot be relied on in Australia. One issued by Italy cannot be relied on in Italy – it is only used in a foreign country.

I want to get married overseas – can DFAT help?

Neither DFAT nor its missions overseas can advise on other countries’ specific requirements for Australians to get married overseas. For details of marriage requirements you should contact authorities in the country in which you would like to marry for their advice.

If you are an Australian citizen wishing to marry overseas, the foreign government may request that you have a Certificate of No Impediment to Marriage (CNI) issued. Some foreign authorities will only accept CNIs issued by the Australian mission (embassy or consulate) within their country of accreditation. If you are getting married overseas you will need to confirm with the foreign government:

• Whether or not the CNI is required
• Where it should be issued (ie in Australia or through an Australian mission overseas)
• If it needs any additional legalisation (authentication or apostille)
• If a ‘Single Status Certificate’ or ‘No Record Result’ issued by the Registry of Briths, Deaths and Marriages in your state or territory could be used instead of a CNI to ascertain your civil status

If you confirm that the foreign government will accept a CNI issued from within Australia, please download and complete the application form and provide a certified copy of your Australian passport and similar identity documents for your partner. We also require proof of dissolution of any previous marriages (such as a divorce or death certificate). Note that your application must be ready to be lodged with all supporting documents for the applicant and partner. We will not accept incomplete submissions.

You will need to provide the following documents with your application:

Applicant

• Copy of Australian passport OR Australian birth certificate
• Copy of Permanent Residence Visa (if applicable)
• Copy of Divorce Certificate (if applicable)
• Copy of former partner’s Death Certificate (if applicable)
• If under 18 years of age, copy of the judicial authorisation to marry issued by an Australian court of law

Partner

• Copy of Australian/Foreign passport
• Copy of Permanent Residence Visa (if applicable)
• Copy of Divorce Certificate (if applicable)
• Copy of former partner’s Death Certificate (if applicable)
• If under 18 years of age, copy of the judicial authorisation to marry issued by an Australian court of law

Please note that all documents must be certified as true copies of the original documents. If the partner resides overseas, copies can be certified by a Consular Officer or Diplomatic Officer at the closest Australian Embassy, Australian High Commission or Australian Consulate-General. Certified copies can also be witnessed by any person or agency recognised by the law of the country in which the partner lives.

• Application form – Certificate of no impediment to marriage (CNI)

Please note that DFAT does not issue ‘Single Status Certificates’ or ‘No Record Results’. These are issued by the State Registry of Births Deaths and Marriages. DFAT can authenticate or apostille (in Australia) an original document issued by the Registry of Births Deaths and Marriages by confirming the signature of the registrar or seal appearing on the document is genuine.

How can I get an authentication, apostille or CNI?

You may submit your application over the counter at the nearest Australian diplomatic or consular mission. Turnaround time may vary at individual missions and will be dependent on submission of appropriate documentation. An appointment may be required. At some locations, a mail-in service may be available. Please contact the mission for advice.

Certifying copies of original documents

How to get a certified copy of an original document

Take your original documents and instructions to your nearest Australian diplomatic or consular office. Only Australian documents or foreign documents intended for use in Australia can be certified by DFAT. If asked to certify a copy of an Australian education document, please be aware that if you intend to have it legalised (through authentication) it may need to satisfy other verification requirements before we can complete that service. Documents certified by Australian consular or diplomatic officers are not eligible for an apostille.

DFAT staff will photocopy the relevant documents, stamp the documents with the following certificate “This is a true copy of the document presented to me” and sign the certificate with pen and a seal. If a different form of words is required, the document may need to be certified by a local notary public or the body from which the document originated.

Often certified copies can be made by alternative authorised witnesses. For example you may be permitted to have a copy certified by a local lawyer, notary public or other professionals. You should check with the organisation or agency who has requested the document.

Witnessing signatures

Why is it necessary to have a signature witnessed?

Various Australian laws often require signatures on a document be witnessed or authenticated before the document can be relied upon legally. Solicitors, Justices of the Peace, and other authorised witnesses perform such functions within Australia. Many laws allow consular officers at Australian diplomatic and consular missions overseas to perform this service. DFAT officers who perform this service do so under the Consular Fees Act 1955 and are required to charge a fee.

How to get a signature witnessed

The precise requirements for the effective witnessing of a document are dictated by the jurisdiction in which the document is to be used. It is up to you to check the other jurisdiction’s requirements before bringing the documents to an Australian mission for witnessing. It is your responsibility to present the document to be witnessed in the correct form and to provide the correct instructions for witnessing. DFAT staff do not have the authority to provide legal advice.

When attending the mission to have your signature witnessed, you will also need to bring your passport with you to confirm your identity.

Often your signature on a document can be witnessed by alternative authorised witnesses. For example you may be permitted to have a local lawyer, notary public or other professional witness you signing the document. You should check with the organisation or agency who has requested the document.

On 10 March 2015, Australia acceded to the Convention Providing a Uniform Law on the Form of an International Will 1973 (International Will Convention). All Australian states and territories have passed legislation to give effect to the convention. International Wills cannot be witnessed by Australian consular or diplomatic officers. An International Will drawn up in Australia must be witnessed by an Australian legal practitioner or Australian Notary Public. To create one overseas, it must be drawn up under the laws of the foreign country. Australian missions overseas can provide a list of local English speaking lawyers.