Olivia is the Head of Legal at Lawpath, where she helps Australian businesses navigate complex legal challenges with practical, commercially minded advice. She specialises in employment matters, contract drafting, pre-litigation strategy, dispute resolution, commercial law and startup compliance, and has supported clients across technology, healthcare, professional services and retail. Olivia is passionate about making legal services accessible, personable and effective for every client.
Notary public vs justice of the peace comes down to one question: where will your document be used? A justice of the peace (JP) witnesses and certifies documents for use in Australia, free of charge. A notary public is a senior lawyer who witnesses, certifies and authenticates documents so they’re recognised overseas, and charges professional fees for it.
Most people only learn the difference when a document gets knocked back. An overseas bank rejects your JP-certified passport copy. A foreign lawyer asks for an apostille you’ve never heard of. Suddenly a ten-minute errand has turned into weeks of back and forth. Work out which one you need before you book and you’ll only make the trip once.
- Use a JP for paperwork that stays in Australia. Statutory declarations, affidavits and certified copies for Australian courts, banks, super funds and government agencies. JP services are free.
- Use a notary public for anything going overseas. Foreign governments, banks and courts recognise a notary’s seal and certificate. DFAT won’t apostille a JP-certified copy.
- A notary is a senior lawyer, appointed by the Supreme Court. NSW requires at least five years in practice. Queensland requires at least ten.
- Notarising is often only step one. Most countries then want a DFAT apostille, and countries outside the Hague Convention also want embassy legalisation.
- You might not need a witness at all. Since 2024, you can make a Commonwealth statutory declaration in myGov using your Digital ID, with no JP involved.
Notary public vs justice of the peace: what’s the difference?
Both can watch you sign and both can certify a copy of an original. They differ on who will accept their work, what they’re qualified to do and what you’ll pay.
| Justice of the peace (JP) | Notary public | |
|---|---|---|
| Who they are | A community volunteer appointed by the state or territory | An experienced lawyer appointed by the Supreme Court of their state or territory |
| Where their work is accepted | Australia | Australia and overseas |
| Typical documents | Statutory declarations, affidavits, certified copies for Australian organisations | Powers of attorney, company documents, contracts and ID copies for use overseas |
| Cost | Free | Professional fees. The NSW recommended scale starts at $220 including GST |
| Booking | Often walk-in sessions at libraries, councils and MP offices | By appointment, usually at a law firm |
| Legal advice | Not allowed to give it | Qualified lawyers, though notarising alone doesn’t include advice on the document |
| Remote witnessing | Allowed by video link in NSW, rules vary by state | Check first, as many overseas recipients want in-person notarisation |
The short version: if the document is staying in Australia, start with a JP. If it’s leaving the country, go straight to a notary public. Taking an overseas document to a JP is one of the most common (and most avoidable) delays we see.
Who is a JP and what can they do?
A JP is a volunteer appointed by the state or territory government to act as an independent witness. They aren’t lawyers and they don’t charge. Their job is to check who you are and watch you sign. Typical JP work includes:
- Witnessing statutory declarations
- Witnessing affidavits for Australian courts and tribunals
- Certifying copies of original documents, such as your passport or driver licence, for Australian organisations
What a JP can’t do matters just as much. A JP can’t give you legal advice, can’t tell you whether a document is drafted properly and can’t make it valid overseas. If you need someone to check what the document actually says, you need a solicitor, not a JP.
How are JPs appointed?
Each state and territory runs its own JP scheme. In NSW, the Department of Communities and Justice says you must be at least 18, be nominated by a NSW Member of Parliament, be an Australian citizen or entitled to vote at a NSW general election, be of good character and not be an undischarged bankrupt. Applicants also pass a knowledge test.
Other states set their own criteria and training. So if you’ve read that every JP must be nominated by an MP, that’s a NSW rule.
Where can you find a JP?
Most states publish a JP register you can search by suburb, and many let you filter by language. Libraries, councils, some shopping centres and state MP electorate offices run free JP sessions at set times. Ring ahead before you go.
What is a notary public?
A notary public is an experienced lawyer appointed by the Supreme Court of their state or territory to witness, certify and authenticate documents for use overseas. DFAT keeps a record of each notary’s signature and seal. That’s how a bank in Singapore or a registry in India can trust a document you signed in Parramatta.
The bar is high on purpose. In NSW, a notary needs at least five years as a lawyer and must complete a notarial practice course before applying under the Public Notaries Act 1997 (NSW). The Society of Notaries of Queensland states that Queensland notaries need at least ten years in practice. If you’ve read that it’s five years everywhere, that’s the NSW figure.
What does a notary public actually do?
- Witnesses signatures on documents headed overseas, like a power of attorney, a company resolution or a property transfer
- Certifies copies of passports, degrees, licences and company documents for foreign authorities
- Prepares a notarial certificate that records exactly what they checked and how
- Lodges your documents with DFAT for an apostille or authentication, if you ask them to
How much does a notary public cost?
Cost is the most practical gap in the notary public vs justice of the peace decision. Notaries charge professional fees, and most follow a recommended scale set by their state’s society of notaries.
The Society of Notaries of NSW scale (effective February 2025) sets $220 including GST for witnessing a declaration or affidavit without a notarial certificate. Preparing and lodging a DFAT apostille or authentication application is another $220. Extra work, like chasing embassy legalisation, runs at $715 an hour. DFAT’s own fee and courier costs come on top.
Our tip: ask for a written quote that lists notary, DFAT and embassy fees separately. Notaries can adjust the scale for time and complexity, so two quotes for the same job won’t always match.
JP or notary public: which one do you need?
Most notary public vs justice of the peace decisions take two questions. Where will the document be used? And what, exactly, did the person asking for it say? Their written instructions beat any general rule, including this one.
When should you use a JP?
- Certifying ID for an Australian bank, super fund or supplier onboarding
- Witnessing a statutory declaration for an insurance claim or a government grant
- Witnessing an affidavit for an Australian court or tribunal
- Certifying documents an Australian government agency has asked for
When should you use a notary public?
- Setting up or investing in an overseas subsidiary
- Opening a bank account overseas in your company’s name
- Giving someone authority to act for your business abroad through a company power of attorney
- Sending passport, degree or company document copies to a foreign regulator
- Any time the recipient uses the words “notarised”, “apostille” or “legalised”
Here’s the trap. Many founders assume a certified copy is a certified copy, so they grab the nearest JP. But DFAT won’t apostille a JP-certified document, because JPs aren’t recognised under overseas law. For anything going offshore, the JP visit is wasted time.
The reverse mistake costs money instead of time. A notary can witness a domestic statutory declaration, but you’ll pay a professional fee for something a JP does for free.
How does the apostille process work after notarisation?
Notarisation proves the document was properly signed or copied. An apostille proves the notary is genuine. Most overseas recipients want both, in that order.
- Get the recipient’s requirements in writing. Which documents, how many copies, whether translations are needed, and apostille or legalisation. DFAT staff can’t advise on foreign requirements, so this has to come from the other end.
- See a notary with your originals. They’ll witness your signature or certify copies, then attach a notarial certificate and their seal.
- Get a DFAT apostille for Hague Convention countries. DFAT checks the notary’s signature and seal against its records and attaches the apostille. Your notary can lodge this for you.
- Add embassy legalisation for everywhere else. DFAT issues an authentication instead, and the destination country’s embassy or consulate in Australia adds its own legalisation.
- Send the originals. Most overseas recipients want the wet-ink originals, not scans, so allow for courier time.
More than 120 countries now belong to the Hague Apostille Convention. Two changes still catch people out. China joined in November 2023 and Canada in January 2024, so both now take a DFAT apostille instead of the old embassy legalisation route. If a guide tells you to queue at the Chinese consulate, check when it was written.
Can a JP or notary public witness documents remotely?
Sometimes. The rules shifted a lot after COVID, and plenty of articles (including the old version of this one) still describe the temporary arrangements.
NSW. Remote witnessing by audio-visual link became permanent in November 2021. Under section 14G of the Electronic Transactions Act 2000 (NSW), a JP can watch you sign on a live video call, then endorse the document to say it was witnessed that way. It works with wet-ink signatures. It doesn’t turn the process into an e-signature. Ask before you book whether the JP offers it.
Commonwealth statutory declarations. Since 1 January 2024, you have three equally valid options. Sign on paper in front of a witness, sign electronically with a witness on video link, or make it digitally in myGov using your Digital ID with no witness at all. The myGov version carries a QR code the recipient can scan to check it’s genuine.
State statutory declarations. These follow state law. Lawpath’s Victorian statutory declaration and Queensland statutory declaration are both drafted so they can be signed and witnessed electronically.
Notaries. Overseas recipients often insist on in-person notarisation and wet-ink originals. Check with them before you book a video appointment.
What we see in Lawpath consultations
Questions about notary public vs justice of the peace come up regularly with Lawpath lawyers, usually when a deadline is already close. The same four mistakes keep appearing.
Notarising before the other side confirms what it needs
Founders setting up an entity overseas often book the notary first. Then the foreign lawyers ask for different documents, more copies or specific wording in the board resolution, and the whole process starts again.
Our lawyers’ advice is simple. Get the overseas lawyers to confirm the document list, the number of copies and the exact resolution wording before you notarise anything. Bring two or three spare colour copies. A directors’ resolution for signing authority is a fast starting point, then tailor it to what the foreign authority asked for.
Foreign shareholders stalling an ABN application
When an Australian company has an overseas corporate shareholder, the ABN application can sit pending at the proof-of-identity stage. The Australian Business Register accepts overseas identity and registration documents certified by a notary public or by staff at an Australian embassy, high commission or consulate.
Most founders don’t find this out until the application stalls. If a foreign entity sits anywhere on your cap table, build notarised or consulate-certified documents into your plan before you register the company.
Signing overseas that takes longer than waiting
When a director or company officer is overseas and an Australian document needs a wet-ink signature, they can sign in front of a local notary or at an Australian consulate. Add the time to courier the originals back, though, and it’s sometimes faster to wait until they’re home and use a JP.
Check one detail first: whether the other side will accept counterparts. Some landlords and lenders want every signature on the same original, which rules out each signatory signing their own copy in a different country.
Paying for certification nobody asked for
Before you queue for a JP or pay a notary, check whether the recipient actually wants a certified copy. We regularly see Australian investors and financiers happy to accept a freshly downloaded ASIC company extract as is. Asking costs you one email.
How do you prepare for a JP or notary appointment?
Most repeat visits come down to a missing original or a page signed too early. Run through this list before you go.
- Written instructions from the recipient. JP or notary, any required wording, and whether they want an apostille.
- An unsigned document. The witness must watch you sign. Arrive with it already signed and you’ll be printing a fresh copy.
- Original photo ID. A passport or driver licence, plus secondary ID if the recipient asks for it.
- Originals of anything to be certified. A JP or notary can only certify a copy against the original, so bring both.
- Proof you can sign for the company. A directors’ resolution, the relevant part of the constitution or a current ASIC extract.
- A plan for foreign-language documents. Find a JP or notary who reads the language, or get a certified translation first.
- A time buffer. Apostilles, embassy legalisation and couriers all add days, so don’t book the notary the day before your deadline.
Not sure the document itself is right? Read our guide to who can witness a signature before your appointment. Fixing a drafting problem after notarisation means paying for notarisation twice.
FAQs: notary public vs justice of the peace
Can a JP certify documents for overseas use?
Generally, no. Foreign authorities and banks expect a notary public, and DFAT won’t apostille a JP-certified copy. If an overseas recipient tells you a JP is fine, get that confirmation in writing before you rely on it.
Is a notary public the same as a lawyer?
Every notary public in Australia is a lawyer, but most lawyers aren’t notaries. A notary is an experienced lawyer who has done extra training and been separately appointed by the Supreme Court of their state or territory.
How much does a notary public cost in Australia?
Fees follow state recommended scales. In NSW, the Society of Notaries’ scale starts at $220 including GST for a simple witnessing, with separate fees for DFAT applications and embassy legalisation. DFAT charges its own fee on top, so ask for an itemised quote.
Are JP services free?
Yes. JPs are volunteers and don’t charge for witnessing statutory declarations, witnessing affidavits or certifying copies. That’s the main reason to use a JP rather than a notary for anything that stays in Australia.
Can a lawyer witness a statutory declaration instead of a JP?
Yes. Practising lawyers can witness statutory declarations and affidavits. For Commonwealth statutory declarations, the approved witness list is much wider again and includes roles such as doctors, pharmacists, police officers and many accountants.
Do I need a notary for an Australian contract?
No. Most Australian contracts don’t need a witness at all, let alone a notary. What matters is signing correctly, for example a company signing under section 127 of the Corporations Act 2001 (Cth). Notaries come in when the document is going overseas.
Can I make a statutory declaration without a witness?
Yes, if it’s a Commonwealth statutory declaration. Since 2024, you can make one in myGov using your Digital ID, with no witness. State statutory declarations follow state rules, so check which type the recipient wants first.
What’s the difference between an apostille and legalisation?
Both prove an Australian document is genuine. A DFAT apostille is enough for Hague Convention countries. Countries outside the convention need a DFAT authentication plus legalisation from their own embassy or consulate in Australia.
Can I sign my document before the appointment?
No. The JP or notary has to watch you sign. If you turn up with the document already signed, expect to print a fresh copy and sign it again in front of them.
Get it right the first time
If a foreign bank just emailed you the word “apostille” and your stomach dropped, relax. This is routine paperwork, and you now know more about it than most founders do. Domestic documents go to a JP. Overseas documents go to a notary, then DFAT.
If your documents are heading offshore and you don’t want a second round, get a fixed-fee quote from a Lawpath lawyer to check what the overseas recipient needs and get your documents ready before you see the notary.
