Public Notary

Public Notaries record legal transactions for use abroad under foreign law. A notarial act is certification of authenticity.

Persons wishing to apply for the appointment of Public Notary must satisfy the criteria set out in Part 2, Section 4 of the Public Notaries Act 2001 (External link)

A person cannot be appointed as a public notary unless the person:

  • is a natural person
  • is an Australian lawyer;
  • subject to section 5(7), has held a Principal's Practising Certificate for a period of 5 years, 
  • an Australian practising certificate authorising the person to engage in legal practice 
  • as a principal;
  • has completed, to the satisfaction of the Victorian Legal Admissions Board, a course of study related to notarial practice approved by the Board.

At the present time, only one institution in Victoria (The Sir Zelman Cowen Centre for Continuing Legal Education) offers a course of study which satisfies the criteria.

The legislation which governs the appointment of Public Notaries in Victoria is the Public Notaries Act 2001 and the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008.

You should read the Guide for Public Notary in full before you start your application.  The guide will outline the requirements for appointment and the documentation required.

For further information on how to apply, learn more

Fit and Proper Person

It is necessary for a person to satisfy the Board that they are of good fame and character and a fit and proper person.  

An applicant for admission must disclose details of any matters which might be relevant to the Board's consideration of whether or not he or she is a fit and proper person to be admitted to the Australian legal profession.

An applicant must also disclose any matters which a reasonable applicant would consider that the Board might regard as not being favourable to them when considering whether or not the applicant is a fit and proper person to be admitted to the Australian legal profession.

To assist in determining what matters should be disclosed, you must read the Suitability Guidelines for Public Notaries. Any disclosure must be made using the Public Notary Suitability Statutory Declaration.

Frequently Asked Questions

 

If I do not meet the eligibility criteria for appointment as a Public Notary, can I still apply?

The listed eligibility criteria are prescribed by legislation. If you do not meet the eligibility criteria, please contact us for advice before commencing any application.