Witnessing documents

There are a number of people who may be able to witness your documents. These individuals are referred to as authorised persons or approved witnesses. For example, a NSW Justice of the Peace (JP) or Public Notary.

Authorised persons/approved witnesses will vary depending on the type of document that needs witnessing. If you intend to have a document witnessed or certified, you should check your document carefully as it may contain a list of possible witnesses. Alternatively, you can contact the owner of the document, such as the Court, for a full list of authorised persons. This is particularly important for affidavits.

NSW Justice of the Peace

A NSW Justice of the Peace (JP) is appointed by the Attorney General of NSW and can:

• witness signatures of individuals making a statutory declaration
• witness signatures of individuals making an affidavit
• certify that a copy of an original document is a true and accurate copy.

A JP must not charge you a fee or accept a gift for providing JP services, including witnessing or certifying documents.

There are two ways to find a Justice of the Peace in NSW:

• You can search the Public Register for a JP. The Register lists all JPs in that area, and provides a telephone contact number for JPs who serve the community directly.  
• You can check the listing of scheduled JP services. Various organisations make JPs available at scheduled times and locations across NSW. Each listing includes the times, dates and locations that a JP is available. 

Generally, a NSW Justice of the Peace may witness the execution of a document that is made for use in:

• NSW
• any other Australian state or territory
• the Commonwealth of Australia.

NSW JPs are not authorised under NSW law to witness the execution of documents for use overseas. A JP can however certify a true copy of an original document that was produced overseas if the certified copy is to be used in Australia. For a JP to certify a copy of an original document, the JP must have both the original document and the copy in front of him/her.

Public notaries

A Public Notary is a special appointment that a solicitor or barrister can have which allows them to certify (confirm something is true) and witness the execution of certain documents, for example, documents for use overseas.

To be appointed as a Public Notary, a solicitor or barrister must:

• have at least five years' experience as either a barrister or solicitor
• have a current Australian practising certificate
• have completed a Notarial Practice Course
• make a successful application to the Legal Profession Admission Board.

A Public Notary can:

• verify official, government and personal documents and information for overseas use
• verify a person's identity and witness their signature
• prepare and witness Powers of Attorney for use overseas
• certify true copies of documents for use overseas
• witness documents and verify transactions for companies and businesses
• deal with documents for land, property and deceased estates overseas.

You can find a Public Notary:

• in the yellow pages
• by using the Finding a Notary search on the Society of Notaries of New South Wales website.

You will have to pay for the service a Public Notary provides to you. How much you will have to pay depends on the type and amount of work you ask the Notary to do. You should speak to the Notary about their fees before you ask them to do any work.

The Society of Notaries of New South Wales has set a recommended scale of minimum fees for Notaries. 

For more information, see Recommended Fees on the Society of Notaries of New South Wales website.

In NSW, witnessing certain documents can be done remotely by audio-visual link.

For more information, see Witnessing legal documents remotely on the Department of Communities and Justice website.

In other jurisdictions, including the Commonwealth, remote witnessing of documents may not be permitted.

Generally, the authorised person/approved witness (including a NSW Justice of the Peace), must not charge you a fee or accept a gift for witnessing documents. However, if you have approached an Australian legal practitioner to witness your documents, they can charge a fee.

If you are overseas, a Public Notary or Australian Consular Official may witness your document. You may be able to find an authorised person at your nearest Australian Embassy or Consulate.

For more information, see the Department of Foreign Affairs and Trade website.

If you are completing a Commonwealth statutory declaration, your declaration may also be witnessed by a person on the list of Commonwealth authorised persons while they are overseas. 

In Australia, public notaries are able to witness signatures on overseas documents. For more information about public notaries, see Public notaries.

NSW Justices of the Peace are not authorised under NSW law to witness the execution of documents for use overseas, including “proof of life” forms for the purposes of claiming overseas pensions.