Insight
Justice of the Peace vs Notary Public
22 September 2026
In short
A Justice of the Peace witnesses signatures, certifies copies and takes statutory declarations for use inside Australia, and does so free of charge. A Notary Public is usually a senior lawyer who authenticates documents for use overseas, and charges a professional fee. If your document is leaving the country, you need a notary, not a JP.
Next step: if you are not sure which your counterparty will accept, tell us where the document is going and we will confirm what it needs before you pay for anything.
Justice of the Peace vs Notary Public at a glance
| Justice of the Peace | Notary Public | |
|---|---|---|
| Appointed by | A state or territory government | The Supreme Court of a state or territory (in NSW, the Legal Profession Admission Board) |
| Usually a lawyer? | No — a volunteer from the community | Yes — typically a solicitor of some years' standing |
| Where the document is used | Within Australia | Overseas |
| Typical acts | Witness signatures, certify copies, take statutory declarations and affidavits | Notarial certificates, authenticating corporate and personal documents, administering foreign oaths, preparing notarial copies |
| Cost | Free | A professional fee |
| Recognised abroad | Generally not | Yes, and can be followed by an apostille or consular legalisation |
When a Justice of the Peace is enough
A JP is the right person where the document stays in Australia and the requirement is simply that a signature be witnessed by an independent person, or that a copy be certified as a true copy of an original. Everyday examples include certified copies of identity documents for an Australian bank or registry, statutory declarations required by a state agency, and affidavits for use in Australian proceedings. JPs are available at courthouses, many councils, libraries and some shopping centres, and they do not charge.
When you need a Notary Public
You need a notary when a person or institution outside Australia has to be able to rely on the document. The notary verifies your identity, checks that you understand what you are signing, confirms the authority of a company signatory where relevant, and then applies a seal and signature that foreign authorities recognise. Common commercial situations:
- Registering a subsidiary or branch overseas, or filing with a foreign company registry.
- Powers of attorney to be used in another country.
- Board resolutions, constitutions and certificates of incorporation for an offshore transaction or bank account.
- Overseas property purchases and sales.
- Foreign court proceedings, overseas study or professional registration, and some visa and adoption processes.
- Export documents and certificates of origin required in the destination market.
For what notarisation involves in more detail, see our guide on what a notarised document is in Australia.
Apostille and legalisation: the step after the notary
A notary's seal is often not the last step. Where the destination country is a party to the Hague Apostille Convention, the Department of Foreign Affairs and Trade issues an apostille confirming that the notary's signature is genuine. Where it is not, the document usually needs legalisation at that country's consulate in Australia. Ask the receiving party which they require, in writing, before you start — reordering these steps is the most common cause of delay and repeated fees.
Practical points that cause problems
- Bring the original. A notary or JP cannot certify a copy against another copy.
- Do not sign first. Both a JP and a notary must see you sign.
- Bring photo identification. A notary will also want evidence of your authority if you are signing for a company.
- Check the required wording. Foreign authorities are often precise about the certificate's form, the language, and whether a translation must also be notarised.
- Allow time. Notarisation plus apostille or consular legalisation commonly takes one to three weeks.
Frequently asked questions
What is the difference between a Justice of the Peace and a Notary Public?
A Justice of the Peace (JP) is a volunteer appointed by a state or territory to witness signatures, certify copies and take statutory declarations for use within Australia. A Notary Public (or notary) is usually a senior lawyer appointed to authenticate documents for use in other countries. Foreign authorities generally will not accept a JP certification.
Can a Justice of the Peace notarise a document?
No. A JP cannot notarise. Notarisation is the act of a Notary Public applying their seal and signature, which foreign governments, courts, banks and registries recognise. If the document is going overseas, a JP certification will usually be rejected.
Is a Notary Public more expensive than a JP?
Yes. JP services are free. A notary charges a professional fee because the notary verifies identity and capacity, records the act in a register, and takes personal responsibility for the certification to a foreign authority.
What is an apostille and do I need one?
An apostille is a certificate from the Department of Foreign Affairs and Trade confirming that a notary's or official's signature is genuine, for use in countries party to the Hague Apostille Convention. Countries outside that convention usually require legalisation through their consulate instead. The receiving party in the destination country should tell you which they need.
Which one do I need for a company document going overseas?
A notary. Foreign company registries, banks and courts typically require notarised corporate documents — constitutions, board resolutions, powers of attorney, certificates of good standing — often followed by an apostille or consular legalisation.
Can a lawyer witness a statutory declaration instead of a JP?
Often yes. The list of authorised witnesses depends on the statute and the state or territory, and commonly includes lawyers, notaries, pharmacists, accountants and police officers. Check the list on the form itself, because the wrong witness can invalidate the declaration.
Two ways to start
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