home

Using your document overseas

Apostille – pronounced  a-pos-teel.

Before a public document can be used in another country, its origin may need to be authenticated with an apostille.

In Australia, apostilles are issued by the Department of Foreign Affairs and Trade (DFAT) and are recognized by each of the 86 countries that are signatories to the Hauge Convention.

An apostille certifies the authenticity of the signature or seal of the person or authority that signed or sealed the public document and the capacity in which this was done, it does not certify the contents of the document. In the case of a one page document , the actual certificate issued buy DFAT may be stuck to the back of the original document that was submitted.

Common Documents needing an apostille

Common documents which need an apostille include:-

• birth certificates, including ceremonial certificates and extracts
• marriage certificates (excluding ceremonial certificates)
• death certificates
• Single Status or Record of No Result certificates
• court documents, including Divorce Certificates
• Police Criminal Record Checks or Fingerprint Reports
• Australian citizenship certificate or International Movement Record (Department of Home Affairs)
• Australian government commercial documents (e.g. ASIC, ATO or TGA documents)
• Patents
• Notarial attestations (acknowledgments) of signatures

DFAT only accepts original documents, or copies of documents notarised by an Australian Notary Public.

Any translations must be completed, certified and signed by a translator certified or recognised by NAATI (the National Accreditation Authority for Translators and Interpreters).

How to Lodge

Before making an appointment to obtain an apostille, firstly you should check that the document is complete and where necessary has been properly executed.  Secondly, confirm with the person needing the document overseas that it is in fact required.

And even though documents can be lodged with DFAT by mail, because they are often originals the better practice is to lodge at DFAT in person.

The current DFAT fee for an apostille is $92.00 (2023).  Time and/or mailing costs also need to be factored in.

If you need assistance with getting an apostille or are in need of notarial services, please contact us.

 _{This article is not to be relied upon as a substitute for legal advice.  If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact us.}

Need to sign a document in front of a notary? It’s not as simple as turning up at the notary’s office and signing something. To make your notary appointment a success, follow these simple steps.

Where the notary public is required to witness your signature make sure that you:-

1. Bring the entire original document to be signed with you;
2. If the document is not in English bring a translation done by a NAATI accredited translator ;
3. Bring your identification – In most cases this will be your passport and your driver’s licence; and
4. have everyone who needs to sign the document at the appointment. Anyone who needs to sign a document must bring identification;

DO NOT SIGN THE DOCUMENT BEFORE YOU ARRIVE.

At the notary appointment, the notary public will check that the person named in the document is the same person as has been identified. The names must be identical.

It is very helpful if you can email the document in advance and can save you time at the appointment.

You should check before you arrive if you need an apostille.  If so, you will need an appointment with DFAT.

Where the notary public is required to certify a document as a true copy, make sure that you:-

1. Bring the entire original document to be signed with you;
2. Bring any necessary copies – colour photocopies are preferred; and
3. Bring your identification – In most cases this will be your passport and your driver’s licence;

Where copies are not provided, a separate charge for copying will be made.

Remember: When you need a notary public – a JP or a solicitor cannot help.

This article is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader’s specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact us.