Notary Public

By way of explanation, the word Notary comes from the Latin word Notarius which was the word used to describe a high-ranking government official. In the Middle Ages (1279 AD) the practice of authentication of international documents was adopted by the Pope who in turn appointed the Archbishop of Canterbury to designate Notaries to undertake the task.

With the separation of the English Church from Rome, the task of appointing Notaries was terminated by the Pope however Henry VIII appointed the Archbishop of Canterbury to re assume the role of Notarial appointments. This power of appointment has now been vested in a Court of Faculties under the control of a Master. The Master still derives his power from the Archbishop of Canterbury.

Different Countries of the Commonwealth have adopted different methods of appointment but in Queensland, Notaries are still appointed by the Archbishop of Canterbury through the Court of Faculties. In all other States in Australia Notaries are appointed by statutory power.

In 1961 The Hague Convention established a method of validation of public documents executed in a member State to the Convention and to be produced in another signatory State. This process is achieved by means of an Apostille. Where a country is not a member of the Convention an Authentication will also have to be obtained from the Department of Foreign Affairs and Trade and Australian Embassies, High Commissions, Consulates and/or Consulate-General’s offices.