In New South Wales, two types of public officers can perform services related to confirming identities and witnessing documents of a legal and binding nature.
The one most commonly used is a Justice of the Peace (JP), who can do such things such as certifying true copies of original documents, witnessing affidavits and statutory declarations.
The second type is a Notary Public (also known as a Public Notary) who is used for more significant forms of legal verification.
What is a Notary Public?
Whilst all of the rights and responsibilities of Justice of the Peace are also conferred on a Notary, the reverse is not true. A Notary Public can officiate over and administer oaths, affirmations and give legal advice and services. A Justice of the Peace can’t do any of these.
The Public Notaries Act 1997 and the Public Notaries Appointment Rules allow a Notary to apply to the Legal Profession Admission Board to be appointed by the Supreme Court when they have satisfied the following requirements:
- a lawyer with at least 5 years of legal practice; and
- completion of a Notarial Practice Training Course.
A Notary has more responsibilities than a Justice of the Peace. They are granted their own seals or stamps for use in Australian, international and courts in foreign countries. Using a Notary Public to verify documents gives them complete authenticity.
