In New South Wales, there are two types of public officers who can perform services related to confirming identities and witnessing documents of a legal and binding nature. The one that is most commonly used is a Justice of the Peace. A Justice of the Peace (JP) can be used for things like identity confirmation in migration law cases, certifying true copies of original documents, witnessing affidavits and statutory declarations. The second type of professional is used for more significant forms of legal verification. This is a Notary Public, also known as a Public Notary.
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What is a JP?
JPs provide a number of important legal services within Australia, such as: • witnessing a person make a statutory declaration • witnessing a person make an affidavit, and • certifying copies of original documents. Primarily, JPs provide independent verification of legal documents. Although you do not have to be a lawyer to be a JP, all practising lawyers are automatically able to act as a JP. Other than by contacting a practising lawyer, you can find a JP through your state or territory’s online register. Local libraries, post offices and some pharmacies also often provide JP services.
What is a Notary Public or Public Notary?
In New South Wales, Notary Publics who are sometimes referred to as Public Notaries, are solicitors or barristers appointed by the Supreme Court of New South Wales.
A notary public is an impartial witness who ensures that documents and signatures are genuine and that persons who enter an agreement do so willingly and knowingly. For a document to be notarised, the Public Notary needs to see the original and not a copy. When they witness your signature or take an oath they only need to ensure that you understand the document and agree to its contents. On that basis, your Public Notary does not need to know the contents or the language in which it is written.
What Does a Notary Public Actually Do?
A Notary Public principally: • Attests documents and certifies their due execution for use in Australia and overseas countries • Prepares and certifies powers of attorney, wills, deeds, contracts and other legal documents, for use in Australia and overseas countries • Administers oaths for Australian and international documents • Witness signatures to affidavits, statutory declarations, powers of attorney, contracts, and other documents, for use in Australia and overseas countries • Verifies documents for use in Australia and overseas countries • Certifies copy documents for use in Australia and overseas countries • Exemplifies official documents for use internationally • Notes and protests bills of exchange • Prepares ships' protests.
What Does a Justice of the Peace (JP) Do?
JPs are trusted members of the community, and the purpose of having JPs verify documents is to increase the likelihood that they are genuine. The main functions of JPs are: • To witness statutory declarations • To witness affidavits • To certify that copies of original documents are true and accurate. JPs can only exercise their functions in the state or territory they are sworn in; for instance, a JP in NSW cannot witness a statutory declaration in another state or territory. There are no national JPs. Courts, government agencies and other public bodies and organisations rely on these documents to be accurate and truthful. Before verifying a document, the JP must also have either known you for 12 months or more, or seen your photographic identification, such as a driver licence, and compared it with your face. Unless an exemption applies, facial coverings must be removed before a JP can verify a document. Exemptions may be given for medical reasons, but not religious reasons.
Hire The Best Notary Public in Sydney Who Cares About Your Needs
A good
Notary Public in Sydney like Jeffrey of JCL Legal will be able to assist you with any legal issues in an efficient manner. To better your chances of meeting your goals in a timely manner, they can handle negotiations on your behalf and if needed, represent you in court. During these uncertain times, if you're
looking for the best notary public in Sydney CBD, NSW, Jeffrey is available by mobile phone. Please call him on
0419 233 670.
Contact JCL Legal now! We are a law firm that cares about your needs.
sources: owenhodge.com.au, legalvision.com.au, aslaw.com.au, nswcourts.com.au
