Most people call upon Notaries Public and Justices of the Peace to authenticate and witness legal documents. However, their respective roles and qualifications are vastly different.
Justices of the Peace (“JPs”) are community volunteers appointed by the Governor of NSW. Their role is to witness legal documents and certify copies of original documents. Eligibility to become a JP includes being nominated by a NSW member of parliament, being an Australian citizen, being of good character, and not an undischarged bankrupt. Solicitors hold the same powers as JPs, although solicitors charge for their work, whereas JPs are volunteers.
In Australia, Notaries Public must first be qualified as lawyers with further specialist qualification as a Notary. A minimum five years post admission experience as a lawyer is required. Their role is to authenticate overseas documents, which JPs cannot do. Many Notaries are bilingual, which assists them to authenticate documents in their second language.
Another key difference is that Notaries charge for their services, whereas JPs do not. Notaries’ fees are prescribed by legislation, although most Notaries offer discounted fees.
JPs can be found in many private businesses throughout the community, as well as public libraries, police stations and various government offices. Notaries registered in NSW can be found online through the Society of Notaries NSW website.
Cecilia Castle is a Notary Public as well as a native Spanish speaker to assist with the notarisation and authentication of documents written in Spanish.
Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au
