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Department of Foreign Affairs & Trade

Notarial Services Handbook

(Domestic and Overseas Services)

9 January 2018

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Contents SECTION 1: Introduction .............................................................................................................4

1.1 Notarial Services explained ................................................................................................4

1.2 Legal Framework ...............................................................................................................4

1.3 Consular fees applicable from 1 January 2018 and disclaimer ............................................5

1.4 Authorised providers .........................................................................................................6

1.5 Notarial tools .....................................................................................................................8

SECTION 2: Legalisation of signatures and seals on documents through Authentications and Apostilles ....................................................................................................................................8

2.1 Signature and Seals Database ..........................................................................................10

2.2 Authentication of signatures and/or seals. .......................................................................11

2.3 Affixing of an Apostille .....................................................................................................12

2.4 Determining which stamp is required ..............................................................................12

2.5 Authentication and Apostille fees ....................................................................................14

2.6. Acceptable documents ...................................................................................................14

• 2.6 (a) Australian Government Documents .....................................................................14

• 2.6 (b) Documents issued by Embassies or Consulates....................................................15

• 2.6 (c) Private Documents ...............................................................................................15

2.6 (d) Electronic documents .................................................................................................23

2.7. Issuing Apostilles.............................................................................................................24

2.8. Issuing Authentications ...................................................................................................29

2.9. Bindings ..........................................................................................................................35

2.10. Labels for legalisations ..................................................................................................38

2.10 (a) Label procedure ........................................................................................................39

2.11. Wet Stamp Labelling .....................................................................................................39

2.12. Record keeping for authentications and apostilles ........................................................39

2.13. Obtaining and setting up new signatures on the CIS database ......................................40

• 2.13 (a) Obtaining a new signature/seal/stamp (within Australia only) ...........................41

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• 2.13 (b) Scanning in a new signature ..............................................................................42

• 2.13 (b) Editing an existing signature in the database .....................................................50

SECTION 3: Certificates of No Impediment to Marriage .............................................................52

3.1 General information and requirements............................................................................52

3.2 Issuing CNIs from CIS .......................................................................................................55

3.3 Record keeping for CNIs ...................................................................................................57

3.4 Issuing an authentication or apostille on a CNI.................................................................58

3.5 De facto relationships - documentation ...........................................................................58

ADDITIONAL NOTARIAL SERVICES PROVIDED AT OVERSEAS POSTS ...........................................59

SECTION 4: Witnessing Signatures ............................................................................................59

4.1 Authority to witness signatures .......................................................................................59

4.2 Steps to witness a signature.............................................................................................61

SECTION 5: Certifying Copies ....................................................................................................62

5.1 Authority to certify copies ...............................................................................................62

5.2 Steps to certify a copy of a document ..............................................................................62

SECTION 6: Statutory Declarations ...........................................................................................63

SECTION 7: Oaths and Affirmations (via Affidavits) ....................................................................65

7.1 Authority to witness affidavit and administer oath or affirmation ....................................65

7.2 Attachments ....................................................................................................................65

7.3 Other forms of oath .........................................................................................................67

7.4 Administering an affirmation ...........................................................................................68

7.5 Amending an affidavit ......................................................................................................68

SECTION 8: Preventing fraud ....................................................................................................69

8.1 Binding a document .........................................................................................................70

SECTION 9: Online references...................................................................................................71

SECTION 10: Templates .............................................................................................................72

10.1 Cover letter for Request for Specimen Signature/Seal/Stamp ........................................72

10.2 Request for Specimen Signature/Seal/Stamp .................................................................73

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SECTION 1: Introduction This manual should be read in conjunction with the Consular Handbook (Chapter 22). These practical guidelines are best practice and should replace any existing procedures or reference material for the issuing of notarial acts. All posts are reminded that notarial acts must be processed electronically and recorded in CIS. Clients should be encouraged to read the material available at Smartraveller http://smartraveller.gov.au/services/legalising-documents.html

1.1 Notarial Services explained Notarial services are legal acts, which allow a written record to be used for official or legal purposes including in a court of law. Notarial services provided by DFAT will differ depending on whether they are requested within Australia or at Australian missions overseas. Within Australia, notarial services are provided by Notary Public. The only notarial related services provided by DFAT within Australia are issuing Certificates of No Impediment to Marriage (including the witnessing of the declaration made as part of the application) and the legalisation of signatures/seals on documents through either an authentication or affixing of an apostille certificate. At Australian missions overseas, DFAT notarial related services include witnessing of signatures, certifying copies of documents intended for use either in Australia or abroad, legalisation of signatures/seals through an authentication or an apostille, taking of affidavits and affirmations, and issuing Certificates of No Impediment to Marriage (including the witnessing of the declaration made as part of the application). The range of, and requirements for, notarial services are varied. It is the client’s responsibility to know which service he/she requires. DFAT does not provide legal advice and the onus is on the client to present documents in the correct form and provide the correct instructions for witnessing any signatures on the documents. Clients must be made aware of the notarial disclaimer.

1.2 Legal Framework The Department of Foreign Affairs and Trade (DFAT) is permitted to provide a limited range of notarial services under Commonwealth, State and Territory legislation; court rules; the Consular Fees Act 1955 (Cth); and the Statutory Declaration Act 1959 (Cth). Normally an explanation will be provided with a form, detailing what legislation is permitting the DFAT officer to sign a form or witness a signature. The text normally refers to an “Authorised officer of an Australian Foreign Mission” or “Consular officer or Diplomatic Officer” etc. Where a

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form or document does not stipulate which legislation is permitted the DFAT officer to perform a function, staff should revert to the Consular Fees Act 1955 (Cth).

1.3 Consular fees applicable from 1 January 2018 and disclaimer The Consular Fees Act 1955 and regulations set out the amount DFAT is permitted to charge for consular services.

Fees for consular acts – applicable from 1 January 2018 Column 1 Column 2 Item Consular act Fee 1 Administering an oath or receiving a declaration or

affirmation $71

2 Effecting, or attempting to effect, service of a document and issuing a certificate or affidavit of service or attempted service of a document

$71

3 Witnessing a signature or seal on a form or declaration $71 4 Preparing a declaration or other document $71 5 Verifying and certifying a copy of a document or part of a

document $71

6 Signing a document, or affixing a seal to a document or other article

$71

7 Witnessing the execution of a will $71 8 Transmitting a document or other article through official

channels $71

9 Transferring funds through official accounts, other than for the purposes of the realisation of a deceased estate

$71

10 Preparation and issue of an Apostille certificate $81 11 Preparation and issue of an Authentication certificate $81 12 Preparation and issue of a Certificate of No Impediment to

Marriage $143

When notarial services are delivered overseas, fees are charged in the relevant local currency. Posts are required to display the schedule of fees, both in AUD and in the local currency, in the public area of the mission where notarial services are delivered. Local currency fees are reviewed monthly by the Australian Passport Office Divisional Coordination Unit (APO DCU) and CASHDESK is adjusted to reflect local currency exchange rate variations of +/- 3%. Each month, APO DCU advises posts whether their notarial fees will be adjusted. On receiving this advice, posts should access their revised local currency fees schedule using SAP (report: ZDFAT_FEES) and update posters to reflect the adjustment. Supervising posts should share the revised fees schedule with their relevant Austrade mission/s.

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Handling and receipting of funds should occur in accordance with the Financial Management Manual. The receipt number should be recorded before the document is issued to the client and must be entered into CIS before the notarial act/service is finalised. Fees are not payable when the notarial act is performed at the request of and for the purposes of a foreign government. In practice, this is usually under a Mutual Assistance Request (MAR) and would ordinarily only be approved through Canberra (Consular.policy@dfat.gov.au). An example is a foreign court requesting the release of court documents or charge sheets through a MAR administered by the Attorney Generals Department. In addition to displaying notarial fees, overseas Posts and Australian Passport Offices in Australian capital cities are required to display a disclaimer notice in the public area of the mission or office, where notarial services are delivered. This disclaimer should be drawn to the attention of notarial services clients. The wording of the notice should be: Please ensure that documents relating to the notarial services you require from the Australian Government/Embassy/Consulate, are presented in the correct form and that you provide the correct instructions for the notarial service you require. If you are unsure of the legislative requirements relating to the notarial service you require, you should seek independent legal advice. Please note that neither the Australian Government nor the Australian Embassy/High Commission/Consulate in Post/Country guarantees the legal effectiveness of the notarised document or the accuracy of its content. Fees paid for notarial services are non-refundable.

1.4 Authorised providers Within Australia, delegated positions (APS employees only) in DFAT state, territory and passport offices are authorised to provide services such as; • Issuing of Certificates of no Impediment to Marriage (CNI) (including witnessing the signature

on the application form) • legalisations of documents (Apostilles and Authentications) The Instrument permitting officers to perform the functions is signed by the Secretary of the Department and is located on the Delegations page of the Intranet. Within Australia, services such as certifying true copies, statutory declarations and other witnessing services are conducted by Australian Notaries Public, Justices of the Peace or other authorised officials. If a document that has been certified or witnessed is then to be used overseas, it is normally only the signature of Australian Notaries Public that can be legalised (through Apostille or Authentication) by DFAT. See Section 2 on Legalisations for further information.

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Overseas, the authorisation is delegated to Australia-based (A-based) DFAT diplomatic and consular officers and Austrade A-based officers employed in Austrade-run missions (not Austrade officers within DFAT-run missions). These officers are authorised to perform the following tasks: • Witnessing and taking of affidavits, oaths or affirmations. • Witnessing Commonwealth statutory declarations • Witnessing applications forms for, and issuing of, Certificates of No Impediment (CNI) • Witnessing notices of intended marriage • Perform legalisation of signatures and/or seals through either an authentication or an

apostille • Certifying true copies of documents or photographs Reminder – Staff employed at Australian mission overseas by another government organisation such as the Department of Immigration and Border Protection, or the Department of Education may be permitted to certify documents intended for use by their agency but they are not permitted to perform these functions at the mission more generally without appropriate accreditation. This is normally reserved to staff that perform consular functions and are accredited to positions such as: Consul‑General; Consul or Vice‑Consul; Under the Secretary’s delegation, DFAT Locally Engaged Staff (LES) at DFAT-run missions and Austrade LES at Austrade-run missions can be authorised to perform notarial services. LES must be authorised in writing by the First Assistant Secretary of the Consular and Crisis Management Division. A list of authorised LES can be found on the Delegations page of the DFAT Intranet. In some countries, posts may also need to seek host government approval before LES can perform notarial acts. Authorised Locally Engaged Staff (LES) can provide limited and specific acts, including: • Witnessing Commonwealth, NSW and Queensland statutory declarations • Witnessing the signing of applications forms for, and issuing of, Certificates of No Impediment

(CNI) • Witnessing the signing of other Australian forms (where permitted by Australian laws – see

below) • Witnessing notices of intended marriage • Perform legalisation of signatures and/or seals through either an authentication or an

apostille • Certifying true copies of documents or photographs. In addition to the above, the following Australian laws may allow LES to perform witnessing of signatures and certification of documents; • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) – usually for the

opening of an Australian bank account, where the client must be identified and their forms witnessed, the list of authorised officers is normally displayed on the documents presented for witnessing;

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• Australian Consular Officers’ Notarial Powers and Evidence Act 1946 (Qld) for the making of Qld Statutory Declarations or other forms produced by the Queensland government – eg, Drivers Licence renewals;

• Oaths Act 1900 (NSW) for the making of NSW Statutory Declarations or other forms produced by the NSW Government including drivers licence renewals forms.

Reminder - Only A-based officers are permitted to administer affidavits (swearing of an oaths or affirmations). Australian Honorary Consuls, consular wardens or Canadian Consular Officers operating under the Canada-Australia agreement are not permitted to perform notarial acts, as they are not permanent employees of the Australian government.

1.5 Notarial tools Special equipment is needed to perform notarial acts in accordance with Departmental policy (which is to ensure they are tamper evident). Image at (Chapter 2.9 refers). These include: • stamps (ie. wet seals), including the office common seal (usually obtained through a provider

in Australia – contact consular policy for the current provider). • red wafer stickers and an embossing tool with the common seal, for placing dry seals on

documents (red wafer stickers are obtained either locally or through the Department stationary provider, embossing tool is obtained from the stamp provider).

• a Bible and other religious texts as required, for administering oaths – however other religious texts can be relied on, depending on the clients’ faith. Clients must provide these.

• green ribbon, metal eyelets and eyelet tool to bind documents (often obtained locally, or through the Department’s stationary provider).

SECTION 2: Legalisation of signatures and seals on documents through Authentications and Apostilles Legalisation of signatures and seals on documents happens in two ways, through the affixing of an apostille – attesting to the validity of a signature/seal – used when documents are destined for use in Hague (Apostille) Convention countries or through a chain of authentications of signature sand/or seals (used when documents are destined for use in non-Apostille Convention countries. Signatures affixed by rubber stamp, computer or automatically generated signatures can be authenticated providing the authenticating officer is satisfied, following a comparison with a copy of the seal in the CIS database, that it is the properly sanctioned 'mark' of the relevant authority or person.

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Certificates for authentications and apostilles are computer generated from CIS. The first preference is to print directly onto the original document. Second preference is to print onto standard Avery labels (or similar) and third preference is to print onto plain paper and bind. As a last resort, wet ink stamps with the text may be used, these stamps should be a last resort and not all posts will have them available. As a policy, these stamps are no longer purchased.. There are a limited range of electronic documents issued by government agencies that can be authenticated as a “document issued by” instead of relating to a signature or seal. An example is ASIC or ATO documents issued from a central online registry or emailed directly to the client that sometimes include electronic keys preventing changes to the text. In addition to this, several Australian authorities are producing, or intending to produce, public documents which bear no signature or seal. These documents instead may employ sophisticated security features built into the paper, such as the National Police Clearance Certificates issued by the Australian Federal Police. ATO documents such as notice of assessments do not contain security features and are issued with a printed name and authority but no signature or seal. Regulation 45(2) of the Taxation Administration Regulations 1976 states that ‘a document bearing the name (however produced) of a person who is, or was at any time, the Commissioner, a Second Commissioner, a Deputy Commissioner or a delegate of the Commissioner in the place of the person's signature is taken to have been duly signed by the person, unless it is proved that the document was issued without authority’. Under this regulation, for authentication or Apostille, staff should use the printed name on a document issued by the ATO in lieu of their signature. The relevant sample documents will be entered into the CIS database with instructions for authentication as the Department becomes aware of them. Ordinarily, the “document issued by” certificate can be used for these documents. They cannot be apostilled unless issued by the ATO. Usually search for the organisation name in CIS for example, “Australian Securities and Investments Commission” and then look for “seal” the entry should be processed as “Authentication – Electronic Document” to generate the correct certificate to print on the document. Authentications and Apostilles are legal processes and must only be issued once you are satisfied the document is genuine and will not be used for fraudulent purposes. There have been cases of attempted fraud in the past. All staff are reminded that we need to be cautious about issuing an Authentication or Apostille.

Fraud Should you have any misgivings regarding the veracity of a document (or there are serious grounds to believe that a document has been illegally notarised or may be put to fraudulent use), before providing authentication or affixing an apostille, you should immediately inform your

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supervisor, who should in turn advise Consular Policy Branch consular.policy@dfat.gov.au and the Conduct and Ethics Unit of the Department in Canberra. In accordance with the DFAT guidance and procedures for dealing with fraud, all attempted, alleged, suspected and detected frauds must be reported immediately by contacting the Consular Policy and Training Section (CTS) and the Fraud Control Section (FCS) fraud@dfat.gov.au In the case of documents issued by Registries of Births, Deaths and Marriages, a verification can usually be obtained through a passports officer with PICS access to establish if the document is genuine. This check should be conducted before referring to DFAT fraud.

2.1 Signature and Seals Database In order to assist with the authentication process, a comprehensive list of sample signatures and seals pertaining to Australian government departments and officials, institutions, organisations etc is maintained on the department’s CIS database. The sample signatures and seals cover a period of many years, making it possible to authenticate the signature or seal on documents of various ages. Should you be presented with a document with a signature or seal that does not appear on the database (and the document was recently issued), you should contact the relevant Australian Passport Office in the state of the issuing authority and request that a sample signature be obtained and placed on the database. In this way the authentication may be provided. If the document is quite old and there is no sample signature or seal on the database for comparison purposes, it may not be possible to obtain a sample signature of the official who signed the document. In this case, the client should be asked to approach the issuing authority for a new document so that a signature is available for comparison and authentication. Occasionally officers at post may be requested to authenticate the signatures of Departmental officers in various branches of the Department. All signatures should be placed in CIS by having the staff member complete a specimen signature request form. To approach officers in the Department, first establish where they are currently located, and where they were at the time of signing the document. Queries should be directed to consular policy. Signatures and seals that are on the database that can be verified for apostille are limited to: • Notaries Public • Clerk/Registrar of the Court (when using the seal of the court) • Government departments or agencies (including police, registrars of births, deaths and

marriages) when the document was issued in Australia. Western Australian Justices of the Peace (only) who perform the function in relation to their role within a local court. • Relevant staff from Australian universities and authorised educational institutions

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In addition to the above, the following signatures may be verified for authentication (but not apostille): • Certain medical/health practitioners • Certain chambers of commerce and industry • Foreign consular officers with diplomatic appointment in Australia (Australian missions can also authenticate the signature/seal of foreign competent authorities – for example, the Ministry of External/Foreign Affairs in their country of accreditation(s) when the document is to be relied on in Australia by an Australian authority or organisation. • Australian diplomatic or consular staff overseas

2.2 Authentication of signatures and/or seals. An important service provided both domestically and overseas is the authentication of a signature or seal on an Australian official public document for use overseas or by a foreign embassy or consulate accredited to Australia. This service is provided by DFAT both in Australia and overseas. Public information is available at http://smartraveller.gov.au/services/legalising-documents Overseas governments sometimes require certification of the authenticity of an official signature, seal or stamp on an Australian document before it can be accepted for local use. DFAT will certify that a signature, stamp or seal on an Australian public document is genuine by checking it against a specimen held on the departmental signature and seals database, and stamping the document with an authentication (or apostille see next section). It is important to note that this authentication only relates to the signature and/or seal on the document and in no way attests to the truth or validity of the content of the document. The department’s disclaimer applied to the document clearly explains this. This disclaimer is international practice as it is not in the capacity of any notarial provider to check on the validity or truth of the content of documents presented by clients. Nevertheless, as a government department we must protect the integrity of our service and of the Australian institutions and organisations whose documents are being used overseas. Therefore, should you have any concerns as to the authenticity of a document or believe that it may be used for fraudulent purposes, you are not obliged to provide authentication. Depending on the requirements of the issuing and/or receiving country, the authentication of a signature and/or seal can sometimes be quite onerous for the client as it may require the document to undergo several authentication procedures by several separate providers – e.g. issuing institution, public notary, government department, embassy/consulate etc. DFAT does not have any influence on the requirements of other countries. Some countries will not accept public notary certificates on documents that originated outside of Australia.

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2.3 Affixing of an Apostille The Apostille Convention does not apply to documents executed by Diplomatic of Consular Officers. The authentication of a document issued in, and for use in, a country which is a signatory to the 1961 Hague Convention Abolishing the Requirement for Legalisation of Foreign Public Documents (the Apostille Convention) is similar to that of other countries except that the process is less onerous and time consuming for the client. After verifying the signature or seal against DFAT’s database, a stamp known as an Apostille is affixed to that document. An Apostille is similar in intent to an authentication but it does not require the same chain of legalisations. The authentication by the issuing country’s Ministry of Foreign Affairs (or, for some countries, their diplomatic representative overseas) is sufficient. The list of countries which are signatories to the Hague Apostille Convention can be found at the following website: http://www.hcch.net/index_en.php?act=conventions.status&cid=41 An Apostille for an Australian public document can be issued at Australian missions overseas or from Passports offices in Australia. Overseas clients with original Australian documents are no longer required to return the document to Australia for the provision of the service. Copies made by Australian Consular or Diplomatic officers cannot be issued with an apostille. Overseas clients who require a copy of a document to be issued with an apostille should be directed to the DFAT Smartraveller website for information regarding our mail service or obtain a copy made by a local notary public and then arrange for the local competent authority to issue an apostille against that notary’s signature. All Apostilles have a unique identification number. To generate the number, the certificate must be processed in CIS. The number usually consists of alphabetical character(s) followed by the next sequential number. The alphabetical characters denote which office has issued the apostille.

2.4 Determining which stamp is required The onus is on the client to know which stamp is required on their document. In Australia, they should check with the Embassy/Consulate of the country where the document is to be used. An overseas client should check with the local authorities as to which stamp is acceptable to meet local requirements (or the Embassy/Consulate of the receiving country). In some cases, the client may have received advice from the legal adviser in Australia or from the institution requiring the document. You can issue an authentication verifying two signatures on a document (this is manually recorded in the certificate issued against one of the signatures, with a comment recorded in the comments field), but not an apostille. More information is provided in Section 2.8. As a courtesy you should ask the client in which country the document will be used and, based on the list of signatories to the Hague Convention, you might indicate to the client which service

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they should be seeking if it appears that their information is incorrect. You should not, however, insist if the client is reluctant to take your advice - the decision as to which stamp is required should be left to the client and comments added into the CIS comments field to note why the service was provided. It is reiterated that DFAT does not provide legal advice and insisting that one service over another is required might be construed as such advice. As a general guide, documents going to countries that are party to the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents require an apostille According to The Hague Apostille Convention, we should not issue an apostille for a document being used in a country that is not a party to the Convention. First, suggest to the client that they refer back to the appropriate authorities before submitting the documents, if they insist on obtaining an apostille, in line with the notarial disclaimer, we can provide it but record the details in CIS comments fields. In the event that an apostille is issued on a document destined for a non-Convention country, it can be relied on by that country as an authentication and the certificate will be subject to further legalisations. Documents going to countries which are not party to The Hague Convention require an authentication. We can occasionally issue an authentication for countries that are party to the Hague Apostille Convention if the client insists, however you should always advise the client to refer back to the foreign authorities requiring the document before submitting their documents. Some countries will allow an authentication to be issued by the Australian consulate within the country, in lieu of an apostille. Sometimes a client may request an apostille on a document which already bears an authentication stamp from a DFAT office/post (such a situation may occur where the document has already been presented in a country which is not a signatory to the apostille convention, but is now required for use in a country which is a signatory.) There is no impediment to issuing an apostille on a document which has already been authenticated, but you cannot issue another apostille on a document which already bears an apostille. The affixing of an apostille on a document is considered to be the final step of the legalisation process. If an apostille is applied, the signature on the document rather than the signature of the DFAT officer who has previously provided the authentication is legalised. This service permits the document to be used in both convention and non-convention countries. Countries that have only recently become party to the Hague Apostille Convention may still be in transition, so clients need to find out which stamp is required in their case. Clients may be referred to the following websites for information: The apostille section of the Hague Conference website: http://www.hcch.net/index_en.php?act=text.display&tid=37; or for the list of signatories to the convention: http://www.hcch.net/index_en.php?act=conventions.status&cid=41 and Smartraveller http://smartraveller.gov.au/services/legalising-documents

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2.5 Authentication and Apostille fees All fees are prescribed under the Consular Fees Act 1955 (Cth) and associated regulations. Fees and the Notarial Services Disclaimer must be displayed where notarial services are delivered. Apostille and Authentication:

• $81 per document

2.6. Acceptable documents

• 2.6 (a) Australian Government Documents An authentication or apostille can be applied to an original Australian Government issued document that bears the signature or seal of an Australian Government official and has been issued from Australia. This includes documents from any Australian Registry of Births, Deaths and Marriages, Australian courts and most Government departments. The most common Australian Government documents that require legalisation are:

• Birth Certificates • Marriage Certificates (from the Registry of Births Deaths and Marriages – not the

certificate issued by the celebrant at the church or time of ceremony) • Death Certificates • Single Status Certificates or ‘records of no result’ (issued by Registry of Births Deaths and

Marriages) • Divorce Certificates/Decree Nisi, or orders stamped by an Australian Court • Citizenship Certificates (either issued from Australia, or signed by an Authorised officer at

an Australian mission) • Immigration Movement Records (issued from Australia) • National Police Criminal Records Checks issued by the Australian Federal Police (not ones

issued by private companies) In general, these documents can be presented in their original form to DFAT for legalisation and the authentication or apostille is applied to the original document. The documents listed above usually contain computer generated signatures and or seals. If you are satisfied that the document you are presented with is the original, and the seal/signature matches the database, you can issue the authentication or apostille. Occasionally there are no names on the documents and it is difficult to establish the name from the signature. In that case, the document should be scanned in and referred to the Australian officer in the state of origination. They will confirm the signatory’s name or obtain a specimen if not on file.

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Photocopies of original Australian Government documents cannot be authenticated or apostilled in Australia or overseas unless they have been notarised as a ‘true copy’ by an Australian Public Notary within Australia. A document copied and certified by an Australian Consular Officer overseas can be authenticated, but cannot be issued with an apostille (as the convention does not apply to documents issued by consular or diplomatic officers). Foreign Government documents must be referred to the embassy, high commission or consulate of that country or the competent authority within the country. A client who is overseas and wants to use a copy of their Australian Government document to a Hague Convention country must first confirm the country will accept a copy of the document. Many countries require originals to be issued with an Apostille. In most cases, a replacement original can be obtained from the issuing authority in Australia for a minimal fee. The document does not need to be returned to Australia for an Apostille any longer. Laminated documents or those that are damaged cannot be accepted for authentication or apostille. Clients should be directed to obtain a replacement from the issuing authority. • 2.6 (b) Documents issued by Embassies or Consulates An authentication can be affixed to a document which has been signed by an Australian diplomatic or consular officer at an overseas mission (eg. a Consular Officer at the Australian Embassy in Tokyo). Authentications may also be issued to documents that have been certified and signed or sealed by a relevant foreign diplomatic or consular officer who have been accredited to Australia. HOWEVER, Apostilles cannot be issued on documents containing the signature and seal of diplomatic or consular officers. In the case of foreign diplomatic or consular officers in Australia, these officers are akin to foreign notaries and therefore the document is not an Australian public document. The Apostille convention does not apply to documents executed by Consular or Diplomatic officers. • 2.6 (c) Private Documents Private documents which have not been issued by the Australian Government generally must be notarised by an Australian Notary Public (within Australia) before an authentication or apostille can be applied. Documents copied by an Australian Consular Officer (if presented overseas) can be authenticated. Within Australia notaries are senior legal practitioners who prepare, attest, witness and certify original and copied legal documents for use overseas. Clients can find their nearest Notary Public by using the website of the Society of Notaries in their state or by checking local directories using their post code and the search term “Notary public”.

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With the exception of Western Australia, this service cannot be provided by a general solicitor or Justice of the Peace (JP). In Western Australia Justices of the Peace are regulated differently to those in the other states and territories. Some JPs within Western Australia who are operating in connection with and working in a local court are authorised to certify documents within for the purposes of legalisation. A client located in an Apostille Convention country (e.g. Italy, Portugal, South Korea, India) can present a document to a local Notary Public who can witness the signatures on documents or make certified copies. The document can then be presented to the host government’s competent authority to have an apostille affixed to the notarial certificate for use in a third country. For example, an Australian document can be copied by a Portuguese Notary Public, Portugal would then issue an apostille confirming the signature of the notary public and then the document can be sent to India for use as India is a signatory to the Convention. The most common private documents that require authentication or apostille are:

• Powers of Attorney • Affidavits • Wills • Bank statements • Company documents • Photocopies of documents

The above categories of documents, if presented in Australia, must be notarised by an Australian Notary Public before being presented to DFAT for legalisation. If the documents were presented to DFAT missions overseas, authorised DFAT staff may notarise the documents if permitted by the intended recipient. Some exceptions are listed below:

• Commercial documents • Education documents • Fingerprints • Foreign documents • Marriage certificates • Medical documents • Passports/Drivers Licenses/identification • Photographs • Police checks • Translations

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Commercial Documents Australian Securities and Investments Commission Documents issued by the Australian Securities and Investments Commission (ASIC) can be legalised by DFAT (through an Authentication or Apostille) if they bear an electronic signature from the Chairman (similar to the electronic signatures issued on birth certificates). These documents are usually issued to the client when a request is made online through ASIC-Connect http://www.asic.gov.au . Previously, paper certificates had to have an original signature from an authorised ASIC delegate. If presented with one of these and the signature is in the DFAT Signature and Seals database then the signature can be legalised. Recently, ASIC began to issue extracts electronically without a signature or seal. These can be authenticated as a “document issued by ASIC” if staff are satisfied the document was sent by ASIC (by siting the original email and attachment or printing for the client) but cannot be apostilled. If an Apostille is required, the client should be referred to the website above to request a full copy of the registration bearing an electronic signature from the Chairman or have the document signed by an Australian Notary Public. Australian Taxation Office Documents issued by the Australian Taxation Office (ATO) can be legalised (through an Authentication or Apostille) by DFAT against a computer generated signature, printed name, seal or the live signature of an authorised ATO delegate. Under Regulation 45(2) of the Taxation Administration Regulations 1976, a document bearing the name (however produced) of a person who is, or was at any time, the Commissioner, a Second Commissioner, a Deputy Commissioner or a delegate of the Commissioner in the place of the person's signature is taken to have been duly signed by the person, unless it is proved that the document was issued without authority. If presented with one of these, e.g. Notice of assessment issued by the ATO, and the name with relevant authority is in the DFAT Signature and Seals database then the name can be used to issue an Apostille. Chambers of Commerce and Industry Documents that have been signed by a relevant Australian Chamber of Commerce and Industry can be accepted for authentication where the Chamber of Commerce and Industry has been registered in their respective State or Territory or recognised by foreign missions in Australia (e.g. Arab Australia Chamber of Commerce and Industry). These documents cannot be accepted for apostille. If an apostille is required, the documents need to be certified by an Australian Notary Public. Under the Apostille Convention, commercial documents of an administrative nature dealing directly with commercial or customs operations e.g. Export certificates, certificate of origin are exempt from requiring an Apostille.

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Therapeutic Goods Administration Documents bearing the red stamp of the Therapeutic Goods Administration (TGA) or the live signature of a TGA employee can be accepted for legalisation. There is no need to have these documents notarised by an Australian Public Notary. Trade Marks Office Documents that have been signed and/or bound by the Australian Government Trade Marks Office can be accepted for legalisation. Company documents, all other commercial documents All other commercial documents must be notarised by an Australian Public Notary. Education Documents As of 1 July 2014, all education documents presented for legalisation must have been issued by an institution accredited by an Australian accredited education authority. For this purpose, the institution must be accredited through an organisation listed on the Australian Qualifications Framework (AQF) website http://www.aqf.edu.au/register/aqf-register/ Foreign education documents must be referred to the Embassy/Consulate of the issuing country (even if they bear the ‘true copy’ certification of an Australian Notary Public. Clients may be required to send the document back to the country of origin to have it authenticated or issued with an apostille. High School School Certificates, Higher School Certificates and other high school qualifications should be signed by an authorised officer at the relevant governing body and it is that officer’s signature which may then be authenticated: ACT - ACT Board of Senior Secondary Studies New South Wales - NSW Education Standards Authority Northern Territory - Department of Education Queensland - Queensland Curriculum and Assessment Authority South Australia -South Australian Certificate of Education Tasmania - Office of Tasmanian Assessment, Standards and Certification Victoria - Victorian Registration and Qualifications Authority Western Australia – School Curriculum and Standards Authority Alternatively, the original documents can be notarised by an Australian Notary Public. It is the signature of the notary which converts these documents to public documents, and allows authentication or apostille.

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TAFE/CIT or other Australian Public State Technical College Original school reports, certificates and general education documents from Australian Public State Technical College such as CIT and TAFE can be authenticated of apostilled if it bears the stamp of the issuing institution or the signature of an authorised public appointed officer with appropriate authority to issue the document. For example an original TAFE degree should be signed by an officer holding the position of Managing Director. The signature of an authorised officer from the student administration of the issuing administration does not qualify for legalisation purpose as this officer is not directly appointed by the State official. In this example of TAFE schools, Managing Directors are appointed by the relevant Minister in the State having direct responsibility of the education or skills portfolio. Private School/Religious School/Private College School reports, certificates and general education documents from Australian private institutions must be certified by an Australian Public Notary. It is the signature of the notary which converts these private documents to public documents, and allows authentication or apostille. In some Australian states and territories, the Department of Education will stamp these documents for clients. University Due to the increased risk of fraud, all Australian university education documents must be verified by the central Student Administration office or the nominated representative of the issuing institution as a 'true and accurate record' before the document can be legalised by DFAT. This is to satisfy the public policy that all university documents must be verified prior to being legalised by DFAT. In the event that the University has an online verification available, either through a public roll or searchable database, and the content of the award issued appears in the register (name, date of conferral and award) – this is enough to satisfy the verification step prior to legalisation. See Smartravleller http://smartraveller.gov.au/services/legalising-documents.html. Notarised true copies of Australian university documents must be verified by the issuing institution, either on the original or on the copy. A statement by a Notary that the document is a ‘true copy’ does not satisfy the verification requirement. Any notarial certificate that states the record has been verified online and is presented for a fraudulent award must be reported to consular.policy@dfat.gov.au

When presented with a degree that has not been verified by the institution and does not contain appropriate text in the notarial certificate (for copies) follow these steps.

1. Ask the student if the record has been verified by the University and if so, request a copy of the verification

a. If they indicate the award is included in an online record which they have verified, obtain consent form to check the record.

b. If they advise they have no verification – ask them to take the document to the university to obtain the verification

2. If there are compelling reasons to obtain the verification for the client, have the student complete and sign our consent form for forwarding to the university.

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3. Forward the consent form to the university with a copy of the degree/diploma and/or transcript to the university for verification that it is a ‘true and accurate record’.

4. Advise the client that the university may charge a fee to confirm this which is payable by the client and that there is often a delay to obtain the verification there fore we cannot give any indication of how long the legalisation will take.

5. Once the university has verified that the documents are a true and accurate record, you can issue the authentication or apostille based on the live or computer-generated signature of the university official or university seal on the front of the degree/diploma or transcript.

Certified true copies of university education documents A certificate from an Australian Notary Public is ordinarily a public document for the purposes of legalisation. On occasion, Notaries Public provide certificates to state that a university education document (both Australian and foreign) is a true copy. These certificates no longer satisfy DFAT requirements for the purposes of legalisation (either Authentication or Apostille) where a verification step cannot be satisfied. In the case of foreign documents, the client should be referred to the Embassy/High Commission or consulate in the first instance to request legalisation. If a foreign education document is presented with a certificate from an Australian Competent Authority stating the degree has been verified (for example, the Australian Medical Practitioner Authority for a medical degree or Engineers Australia, for engineering degrees), this certificate may be legalised by DFAT if attested to by a Notary Public. This usually occurs when clients have migrated to Australia for the purposes of skilled employment or further education. In these cases, the documents can be referred to Consular Policy for review before a decision to legalise is taken. Examples are when a client has studied in a particular field and is now employed in that field in Australia. For example, a medical degree obtained in a foreign country, that has been verified and used by Australian authorities for the purpose of skilled migration as a doctor or other medical professional. The letter from the competent authority (in this case the Australian Medical Practitioner Authority) can be attested to by an Australian Notary Public, and the documents bound together for the purposes of legalisation. This may not satisfy requirements of the receiving state, so clients should be advised to check if this is allowed. The following websites might assist STOs and posts to verify the Australian status of the issuing educational institution: http://www.aqf.edu.au/register/aqf-register/ and http://cricos.education.gov.au/ Fingerprints If applying for an overseas police clearance the client may be asked to have a fingerprint check authenticated by DFAT. We can authenticate this document based on the live signature of the police officer who took the client’s fingerprints or the seal of the Australian police force. This service is not available overseas. Police checks performed by private companies are not public documents and cannot be legalised by DFAT.

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Foreign Documents Generally, foreign documents should be referred to the Embassy/Consulate of the issuing country, however, where a foreign document has been notarised by an Australian notary public, and the notary public has attested on his/her notarial certificate that he/she has verified the signature on the underlying document it is acceptable for authentication or apostille. Often, Australian notary certificates are prepared in foreign languages- these are not foreign documents and can be authenticated or apostilled by DFAT officers. For example, an affidavit provided by an Australian on a foreign court document, witnessed by an Australian notary public, is acceptable for authentication or apostille (this could happen if the receiving country does not have diplomatic representation in Australia). Or where an Australian has signed a foreign contract in front of an Australian public notary and you are being asked to verify the signature of the Notary on the document (despite the fact that it is a foreign contract or document). Notarial certificates attesting to a ‘true copy’ of a foreign document can be legalised, except where it relates to a tertiary education document. If a client presents a foreign government document to you for authentication which has not been certified by an Australian notary public, you should advise them to attend the embassy or consulate of the issuing country to have it authenticated there. If an apostille is required, the document may need to be sent back to the designated competent authority in the document’s country of origin. A full list of designated competent authorities is available on the website: http://www.hcch.net/index_en.php?act=conventions.authorities&cid=41 Should you be presented with a foreign document which has been translated into English by a translator accredited by NAATI (the National Accreditation Authority for Translators and Interpreters Ltd), the original translation with the translator’s signature affixed may be authenticated or an Apostille applied as it is the translator’s signature which is being authenticated (see Translations below). An authentication (but not apostille) may be provided for documents which have been signed by a relevant foreign official or consular officer with diplomatic accreditation in Australia (e.g. the Consul General of the Iraqi Consulate in Sydney) as it is the signature of the diplomatic/consular official which is being authenticated. Marriage Certificates Only the official marriage certificate issued by the Registry of Births, Deaths and Marriages may be authenticated. The commemorative certificate which bears the signatures of the bride, groom, witnesses and celebrant, is not acceptable for authentication as this is not an official public document.

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Medical Certificate/Prescriptions Authentication: Australian medical doctors’ signatures may be authenticated. Clients should be advised that there may be a delay in processing whilst sample signatures are obtained and verified. Depending on workloads and staffing resources, offices may instead require medical certificates to be certified by the relevant medical board or an Australian Notary Public. Apostille: Australian medical documents must first be certified by an appropriate certifying officer at the Department of Health or government health authority /regulatory body or Australian Notary Public. Passports/Drivers Licenses/Identity documents In Australia: If the client requires an authentication or apostille on their passport, driver’s license or document of identity, they must have a copy of the document notarised by a Notary Public and present DFAT with the notarised copy. A passport copy that has been certified by an approved Australian Passport Officer can also be issued with an authentication or apostille. An authentication or apostille stamp cannot be affixed to the original document. Some governments require copies of passports to be certified by the issuing authority. These should be presented at the Australian Passport Office where a certified copy will be issued by an approved Australian Passport Officer. Overseas: If the client requires an authentication on their passport, drivers licence or document of identity, you must first issue a ‘certified true copy’ of the document. The certified copy may then be authenticated. However, the authentication must be done by someone other than the person who certified the copy as you cannot authenticate your own signature. Only copies of Australian Passports can be issued with an apostille (as the authority we use to issue the copy of the passport is as the issuing authority, not as a consular or diplomatic officer). For all other copies, requests for apostille must be forwarded to the Australian Passport Office in Australia. Photographs Certification of photographs by DFAT staff can only be completed overseas. The individual does not have to be an Australian citizen. Rather, the photograph must be required for use in Australia or for Australian purposes. Some organisations and authorities in Australia have registration forms or applications that require a photograph be attached. In many cases, this photograph needs to be certified. The wording on the back of the photograph, or on the form, must state that the signatory “certifies the photograph to be a true likeness of (name of the individual)” Staff cannot attest or certify that the photograph is “a true photo of” (name of individual) unless the staff member actually took the photograph and printed it. An example is for photographs to be attached to an Australian Drivers Licence application form, or for an overseas citizen to be registered as an approved practitioner by an Australian organisation – like the Dental Association. Normally the form’s terms and conditions will state that the witness is performing the

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certification in accordance with the Consular Fees Act 1955 (Cth) or the Statutory Declarations Act 1959 (Cth) or will list specific positions that are authorised to perform the certification. This definition is different for most organisations. The individual in the photograph must be physically present for a photograph to be certified by an Australian Consular of Diplomatic officer. Police Checks Original police check documents issued by the Australian Federal Police (AFP) - not by a private company – are eligible for authentication or an apostille, either by legalising the signature of the police officer or the seal of the Australian Police force. Translations Translated documents must bear the signature of a government translating service (recognised by a foreign government, with the signature of the Foreign Affairs department of that country) or the signature and seal of a translator that is accredited by NAATI (National Accreditation Authority for Translators and Interpreters).. The translation and a copy of the original document, both bearing the translator’s signature and NAATI issued translator stamp may be bound and authenticated or an Apostille applied as it is the translator’s signature which is being authenticated and not the underlying document. If the documents cannot be bound, i.e. because the birth certificate has been apostilled, then the translator should complete a Statutory Declaration giving the particulars of the document that was translated and state that the translation is true and correct. This statutory declaration can be witnessed by DFAT officers and bound to the translated copy for legalisation. The translation provided by the translator should include a declaration or statement that the translation is a true and accurate translation of the original.

2.6 (d) Electronic documents Electronic documents can pose problems for officers, as they contain electronic signatures and seals and the original is not physically issued to the client by the issuing authority. In general, if the organisation does not issue public documents with live signatures and seals and has advised DFAT, we can accept electronic signatures and seals for authentication and apostille. You can also accept multiple print outs of the same document (for example, divorce documents from Australian courts with computer generated seals). If an organisation begins issuing electronic public documents, they should be requested to provide written advice of this to DFAT. The database entry for the organisation can then be updated with a comment detailing the transfer to electronic signatures and seals. If you have concerns about the authenticity of a document bearing an electronic signature or seal, contact the issuing authority for verification through the relevant Australian Passport Office in Australia or refer to consular policy.

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If the office facilities exist, you may request that the client log on to a computer terminal and download their document from the official site or portal. This will help you to ensure its authenticity. Electronic public documents that do not have a signature or seal/stamp can only be legalised through an Authentication but cannot be issued with an apostille – except if issued by the Australian Taxation Office as referred in paragraph 2.6c.

2.7. Issuing Apostilles Select the “Signatures/Seals” tab in the left hand navigation menu and perform a search for the record you wish to view. Double click in the white space of the record to open. Select “Notarial Services” from the left hand navigation menu of the record and then select “Add New Notarial Service” from the top toolbar.

Select the type of apostille service to be performed from the “Notarial Type” drop down view menu.

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Complete the notarial service details, using the look-up menus where provided. If you are preparing the apostille for the signature of a second person, you can change the field of “Signing Officer” using the look-up menu. This is usually the case if an administrative assistant or contractor is preparing the work, but an authorised officer must sign it.

Once all the details have been completed, select “Save”. The apostille number will automatically generate based on your office mnemonic and a sequential number. The duration field will automatically default to the amount of time it has taken to record the information in CIS only – you will need to change this once you have completed issuing the apostille, based on the amount of time it has taken you to issue the apostille.

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Select Print to open the apostille template.

Select “Download” and “Open”. The template will automatically default to the correct template based on the Notarial Type you have selected.

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Select “Enable Editing” to begin editing and printing the word document. Check that the name of the signatory, his/her capacity and the seal or stamp listed match the document. If the document has not been signed and bears a seal only (e.g. some court documents), write ‘n/a’ in the ‘has been signed by’ and ‘acting in the capacity of’ fields

For a single sided document, print the apostille on to the reverse side of the document, ensuring that it will not print over the top of any text (hint: for documents issued by an Australian Registry of Births Deaths and Marriages bearing the client’s address and a barcode on the reverse side, the apostille must be 10 spaces from the top of the page to print correctly)

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Sign the apostille, cover your signature with the ‘Department of Foreign Affairs and Trade’ wet stamp and apply a red wafer seal to the bottom left corner. Impress the ‘Department of Foreign Affairs and Trade’ legal seal over the top of your wafer seal

Close the word document and return to the CIS screen. Update the duration field, complete the receipt number and select “Save” and “Finalise”.

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2.8. Issuing Authentications Select the “Signatures/Seals” tab in the left hand navigation menu and perform a search for the record you wish to view. Double click in the white space of the record to open. Select “Notarial Services” from the left hand navigation menu of the record and then select “Add New Notarial Service” from the top toolbar.

Select the type of Authentication service to be performed from the “Notarial Type” drop down view menu.

Complete the notarial service details, using the look-up menus where provided. If you are preparing the authentication to be signed by another officer, you can change the field of “Signing Officer” using the look-up menu.

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Once all the details have been completed, select “Save”. The duration field will automatically default to the amount of time it has taken to record the information in CIS only – you will need to change this once you have completed issuing the authentication, based on the amount of time it has taken you to issue the authentication.

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Select Print to open the authentication template.

Select “Download” and “Open”. The template will automatically default to the correct template based on the Notarial Type you have selected.

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Select Open and then elect “Enable Editing” to begin editing and printing the word document.

The word document that opens is the authentication certificate. Check that the name of the signatory or organisation on the authentication matches the document You can delete or strike through the ‘signature/seal/stamp’ options as needed: • on BDM documents, most commercial documents and translations we authenticate the signature only • on notarised documents, we authenticate the signature and seal • on court documents with no signature, we usually authenticate the stamp only For a single sided document, print the authentication on to the reverse side of the document, ensuring that it will not print over the top of any text (hint: for documents issued by an Australian Registry of Births Deaths and Marriages bearing the client’s address and a barcode on the reverse side, the authentication must be 10 spaces from the top of the page to print correctly)

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Sign the authentication, cover your signature with the ‘Department of Foreign Affairs and Trade’ wet stamp and apply a red wafer seal to the bottom left corner. Impress the ‘Department of Foreign Affairs and Trade’ legal seal over the top of your wafer seal

Close the word document and return to the CIS screen. Update the duration field, complete the receipt number and select “Save” and “Finalise”.

If a document bears two signatures that we would be able to authenticate (e.g. an original National Police Check that has also been notarised), you will need to check with the client which signature they would like us to legalise.

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Sometimes the signatures and seals of two Australian Public Notaries appear on a document. If the client would like us to authenticate both signatures, you need to verify both signatures in the database, issue the authentication from one database entry then manually add in the name of the second signatory. You will need to adjust the authentication so that it is grammatically correct. We cannot issue an apostille for two signatories, only an authentication. An example is shown below:

I, Officer’s name, an officer of the Department of Foreign Affairs and Trade, Sydney, New South Wales, Australia, having been duly authorised by the Secretary of the Department of Foreign Affairs and Trade, DO HEREBY CERTIFY that the signatures/seals “Jim Jones” and “Sarah Smith” appearing on the documents attached hereto are the true signatures/seals of Jim Jones and Sarah Smith. In so certifying, neither I nor the Department of Foreign Affairs and Trade endorse, verify or make any statement as to the accuracy, truth, legality or otherwise of the contents of the document or the purposes for which the document may be used. Neither I nor the Department of Foreign Affairs and Trade accept liability for any loss, damage or injury arising out of the use of, or reliance on, the document or its contents. I provide no undertaking that I have read the contents of the document. GIVEN under my Hand and the seal of the Department of Foreign Affairs and Trade this Twenty-seventh day of July, Two thousand and Twelve. For the Secretary Department of Foreign Affairs and Trade This is most common in documents that we receive from the Department of Community Services relating to inter-country adoption. It should only be applied for documents signed by Public Notaries.

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2.9. Bindings To bind a document correctly you need:

• a one hole-punch (if the eyelet punch tool does not punch the hole) • a brass or metal eyelet and eyelet punch tool • a length of green ribbon, about 5 mm wide and 20 cm long • a red wafer seal • an embossing tool with the official seal.

The tool pictured will punch the holes in the paper as the eyelet is pushed through the pages. The eyelet rests in the side that doesn’t have the ‘dome’. Some locations that perform a large number of bindings may prefer to have one whole roll of wafer seals pre-embossed for application over the ribbon. The embosser will still need to be applied to the page to ensure the document is secured onto the document. See the next example to verify how to secure the seal to the page.

When a document has multiple pages the authentication or apostille can applied as an extra page that is affixed as a binding (although preference is to print the authentication or apostille onto a sticky label and place it on the document – normally the notarial certificate). Binding should only be used where there is no room on the notarial certificate (if there is one) to attach a label and seal the certificate with the dry and wet stamp. To reduce the risk of fraud, for an authentication or apostille to be attached as a binding, the document should be signed, stamped or sealed on every page. You cannot include in your binding, pages that are not signed, stamped or sealed. The logic behind this policy is that you are authenticating/apostilling the official signature, stamp or seal and not the document itself. You may be presented (particularly in Australia) with a document that has already been bound by a public notary. In this case, the public notary has taken responsibility for all pages contained within his/her binding. There is no need to bind these documents where you can apply the certificate (authentication or apostille) on the reverse or below the Notary Public signature. If the client insists that a DFAT binding is also required, you must ensure that the document has been correctly legally bound by the notary first. DFAT preference is that the documents be ‘tamper evident’ and all pages referenced in the notarial certificate with pages marked or sealed with the signature or seal of the notary. It is best practice for the signature/seal/stamp to be on each page

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by the Notary, however not all Australian Notaries Public do this. We are only verifying the signature of the notary, and not the underlying bound document. We do not accept staples (unless they have also been sealed over and stamped) as legal binding due to the risk of additional unauthorised pages being added. If the document has not been correctly legally bound, you can only authenticate/apostille those pages that the notary has signed and is perfectly acceptable to refer the documents back to the Notary for adequate binding to be performed (or a full notarial certificate provided). A binding is issued from the Signatures and Seals database as a regular authentication or apostille as described above, except when selecting the Notarial Type you must choose the “with binding” option.

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Print the authentication or apostille on to a blank A4 page and sign it as normal. Place this page as close as possible to the signature that you are authenticating. Avoid placing at the end of the document as a final page where ever possible (this gives the impression that you are authenticating the last document rather than the signature on the government document or notarial certificate). Punch a single hole through the document and authentication/apostille certificate in the top left hand corner (or where practical). Seal the hole with a brass or metal eyelet (you will need an eyelet punch tool). In some cases the number of pages will prevent you from using eyelets, they should be used in all cases where possible. Fold the ribbon in half and push the folded end through the hole (from the back to the front so the loop is on the side that the apostille or authentication certificate appears).

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Turn the trailing ends over the top of the document and pass them through the loop in the folded end. Pull the knot to the back of the document, extend the trailing ends of the ribbon and place them so they form a v-shape about 2 cm apart on the page. The ribbon should be near the certificate printout and trimmed so it does not end below the page. Place a pre embossed red wafer seal so that it covers both the trailing ends of ribbon and the corner of the certificate. Press it down firmly and then using the embossing tool, insert the page with the seal again and emboss over part of the seal and onto the page to secure the seal to the page. This is best practice and make the document tamper evident.

2.10. Labels for legalisations When a document is smaller or larger than A4 size, is too fragile to run through a printer, or is part of a bound set of documents that we want to authenticate (i.e. a notarial certificate attached to multiple pages) we issue the authentication or apostille on a separate A5 sticky label, then affix the label to the document.

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2.10 (a) Label procedure 1. Issue the authentication or apostille from the database and export to template. Confirm the details as normal. 2. Open your Word template for either the authentication or apostille certificate 4. Place the A5 sticky label sheet in the printer and print the certificate onto the label. 5. Affix the label to the document and sign it. Cover both your signature and part of the document with both the ‘Department of Foreign Affairs and Trade’ wet stamp and red wafer seal In State and Territory offices this is best practice and is the required method if issuing authentications and apostilles domestically. At post, if you do not have labelling facilities the existing wet rubber stamp is acceptable.

2.11. Wet Stamp Labelling Wet stamp labelling is to be avoided at all times. For periods of extended system outages, wet stamps may be used for authentications, however apostilles require a unique number to be generated from CIS.

2.12. Record keeping for authentications and apostilles All offices must keep accurate records of the number of authentications and apostilles issued which is why they must be recorded in CIS. These records are used by Canberra for the purpose of publishing in the Annual Report. A high level of statistics can be generated from CIS when used by staff, including tracking the type of documents that require the most time to service, the countries documents are intended to be used and which staff are preforming the most work. Staff at post are encouraged to use these reports for management of staff and in seeking additional resources.

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Obtaining statistics from CIS Requests for statistics should be emailed to consular.it@dfat.gov.au. From 15 June 2015, there is no requirement to report notarial statistics as the system captures the data at the time of entry in CIS. Some data is still manually collected in CIS for the purpose of quarterly reports for example Non-case consular enquiries (e.g. lawyer list requests) of less than and greater than 15 minutes and also non Consular enquiries(e.g. visa or other non-consular enquiries)

2.13. Obtaining and setting up new signatures on the CIS database Sometimes a document which is eligible for legalisation is presented to a post/office yet the relevant signature/seal/stamp is not held within the CIS database. Before the document can be legalised, the department needs to contact the issuing institution and obtain a sample of the signature/seal/stamp and scan these for inclusion in the CIS database. This function is usually performed by officers in Australian Passport Offices located in Australian capital cities. When Post identifies the need to have a signature/seal/stamp to be added to the database, consular officers should contact the relevant State Passport Office in Australia, who will obtain and upload the sample signature. Email contact details for Australian Passport Offices: Adelaide: Authentications.SA@dfat.gov.au Brisbane: Authentications.QLD@dfat.gov.au Canberra: Authentications.ACT@dfat.gov.au Darwin: Authentications.NT@dfat.gov.au Hobart: Authentications.Tas@dfat.gov.au Melbourne: Authentications.VIC@dfat.gov.au Perth: Authentications.WA@dfat.gov.au Sydney: Authentications.NSW@dfat.gov.au

Posts should only load the signature/seal/stamp for officers employed at their mission or the signature/seal/stamp of government officials from the host country MFA or other government institutions who issue Authentication certificates. The CIS records of MFA or other government officials should only be used for legalisations performed by consular staff in the post(s) with accreditation to that country.

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• 2.13 (a) Obtaining a new signature/seal/stamp (within Australia only) 1. Locate contact details of the signatory either through internet or directory searches or (as a last resort) by contacting the client. 2. Contact the signatory and briefly explain the authentication/apostille process, highlighting why a sample of their signature/seal/stamp is needed. 3. Ask if you can send the signature verification form by email or fax and obtain the relevant contact details. Request they email or fax the form back as soon as possible, to allow early processing of the document. If possible, we would also like the signatory to mail the original form to the department for recordkeeping purposes. 4. Prepare the cover letter and form found at Section 10. 5. Email or fax the completed cover letter and request form to the signatory. Remember: Independent confirmation should be obtained when adding new signatures or seals. We cannot accept a copy of the form from the client. If you have doubts about the legitimacy of the signatory, contact the relevant issuing institution or governing authority, e.g. Registry of Births, Deaths and Marriages, the Society of Notaries, NAATI.

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• 2.13 (b) Scanning in a new signature

Once the signature/stamp/seal is obtained, it needs to be added to the CIS database. Use your photocopier to scan and send the signature to your computer. Crop the signature/seal /stamp and save the file. Multiple files can be added to each entry in the CIS database.

Navigate to the Signatures and Seals tab in the CIS database and select “New” in the top left of the action toolbar.

Enter the Signatory/Seal/Stamp details from the Request for Specimen Signature/Seal/Stamp form Click on the look-up menu in the Position/Title and Organisation fields to reveal the Selection Pop up Screen to check if the Position/Title or Organisation already exist in CIS.

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Perform a *wildcard* search for the Position/Title or Organisation, select the check-box and click OK.

To create a new Position/Title or Organisation if they do not already exist in CIS, select the “New” button, type in the new details and select “Save & Close”.

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Your newly created Position/Title or Organisation will automatically be selected – click on OK to close.

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You must now save the record before you can add any file(s).

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Click on the link in the “Specimen Signature/Seal” grid to add the files.

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Select “Browse” to search your computer.

Select the file you wish to add and then select the check box to confirm that the correct procedures have been followed to obtain this signature/seal/stamp and select OK.

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Your new signature/seal/stamp will now appear in the Specimen Signature/Seal grid. You can repeat this procedure multiple times for the same record if necessary.

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Check the details you have added are all true and correct, then save the record and select “Finalise”.

Some hints for entering information:

• Do not use abbreviations in the main organisation field. For example, the Therapeutic Goods Administration should be entered thus, not as TGA (this should be put in the abbreviation field.

• Check the spelling of all information entered. If you spell the organisation incorrectly it will be registered as a separate entity.

• Use the entry of another signatory in the same organisation as a guide. • For Police, enter the officer’s full name as it appears on the fingerprint check. The

‘Section’ field should be entered as the police station (e.g. ‘Kings Cross Police’) and the ‘Organisation’ field should be entered as the state police (e.g. ‘NSW Police Force’)

• For Notaries Public, the ‘Organisation’ field should be entered as the exact wording on their legal seal, as this field transfers on to the apostille. It should not be the name of the law firm they work for

• For translators, the ‘Organisation’ field should be entered as the exact wording on their NAATI stamp

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• 2.13 (b) Editing an existing signature in the database Once a record has been finalised, it can only be edited by someone with Notarial Administrator rights. If you do not hold Notarial Administrator access, please email the link to the record and requested changes to consular.it@dfat.gov.au If you hold Notarial Administrator rights, select “Signatures/Seals” in the left hand navigation menu and search for and open the record you wish to amend.

The record will be editable upon opening. Update the details that require editing (following the instructions for ‘Creating a signature/seal’ as above) and select “Save” in the action toolbar.

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After checking all details are correct, select “Finalise” in the action toolbar to finalise the amended record.

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SECTION 3: Certificates of No Impediment to Marriage

3.1 General information and requirements All STOs and posts are reminded that CNIs must be processed electronically and recorded in CIS with supporting documentation and a copy of the final certificate saved on file. The laws of some countries require that before a foreigner may marry within their jurisdiction they must produce a certificate issued by the authorities of the country to which they belong stating that those authorities do not know of any impediment to the marriage. Such a certificate is known as a Certificate of No Impediment (CNI) or in some countries as a Nulla Osta Certificate. CNIs are issued by the Department of Foreign Affairs and Trade to Australian citizens or permanent residents through Australian Embassies, High Commissions, Consulates and/or Consulates-General offices and Australian State and Territory offices. CNIs are not a requirement of Australian law; they are issued at the request of overseas countries. The authorities in the country where the marriage is to take place or the relevant Embassy, High Commission or Consulate in Australia are the primary contact for information about marriage requirements for clients. The client will need to confirm with the foreign government:

• whether a CNI is required, • whether it needs to be authenticated or apostilled, and • whether it must be issued by the Australian mission accredited to that country or if they

will accept a CNI issued by DFAT in Australia. Often foreign governments will only accept a CNI if it is issued by the Australian Embassy in that country (for example, CNIs for the Philippines and Egypt, which must be issued by the Australian Embassies in Manila and Cairo respectively). We cannot guarantee that a CNI issued within Australia will be accepted overseas, which is why it is best that the client confirm this with the foreign government. If the client is an Australian citizen and is marrying an Australian citizen, they will need to find out if each party is required to provide a CNI. If so, they will need to fill out an application form for each person (two fees apply). The application form is available on the Smartraveller website. Both the ‘Applicant’ and ‘Partner’ columns must be completed.

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Some foreign governments require applicants to provide a copy of the application form in addition to the CNI (Japan for example). Clients should be advised to check local requirements with the foreign government. The CNI text is approved by the Attorney-General’s Department. The word ‘citizen’ may be replaced manually with ‘resident’ in certain circumstances. Any request to change the text, or provide additional statements should be referred to Consular.policy@dfat.gov.au. When required by a foreign state, posts may issue certificates in a foreign language. Requests to have a foreign language template included in CIS should be referred to Consular.policy@dfat.gov.au. Such requests should include a translation of the CNI text, prepared by an authorised/professional translator. The applicant will need to provide birth certificates or passports of the Australian citizen/s, or proof of permanent residency in Australia. If the applicant has been married before he/she will also need to provide divorce papers or the death certificate of their former spouse and complete the details of the divorce/death on the CNI application. Similar identification and other supporting documentation should also be provided for their intended spouse. In Turkey, Poland and Portugal it is mandatory to sight applicants' IDs, birth certificates, citizenship certificates, or divorce orders, etc. when accepting the application. It is at the discretion of each office as to whether they request CNI applicants to apply at the office in person if applications can be accepted through the mail. This is particularly important in those countries where forced and underage marriage is more prevalent. If the application is received by mail, all copies of supporting documents (for both applicant and spouse) must be certified. Clients can download application forms from the DFAT Smartraveller website. In Australia, they can complete the form and have it witnessed by a qualified witness listed on the application form. They can then present it at any DFAT office or Australian mission overseas. Clients overseas can complete the form and present it at an Australian mission for witnessing. The consular officer should sign the certificate and add their details where indicated on the form, then complete the process by adding the official stamp. A hard copy of the final certificate complete with signatures and seals should be retained on file, along with all supporting documentation for both the applicant and spouse.

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Eligibility for a Certificate of No Impediment The Certificate of No Impediment is a general statement of the law in Australia concerning the recognition of foreign marriages. The certificate makes no warranty for the capacity of a particular couple to marry. From 1 February 2012, a Certificate of No Impediment can be issued if, on the basis of information supplied by the applicant, the couple meet the criteria which would render a marriage legal in Australia: • the parties are not closely related • they are both of marriageable age (at least 18 years old) • neither is already married. On 9 December 2017, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced. The Act changes the definition of marriage and provides for marriage equality in Australia. The right to marry in Australia is no longer be determined by sex or gender. Further information about marriage under Australian law is available on the Attorney-General's Department's website: https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Pages/Getting-married.aspx If there is any doubt about whether a marriage would be recognised in Australia, the certificate should not be issued, and the matter should be referred to should be referred to Consular.policy@dfat.gov.au who will consult the Attorney-General's Department, as necessary. Parties to a marriage should be advised to consult a solicitor if they are unsure whether their marriage will be recognised in Australia, including any doubt whether an overseas divorce is recognised by Australian authorities. Under Australian marriage law, a couple cannot be married more than once and cannot be married in Australia if they have already been married under the law of another country. However, under the Marriage Act, there is nothing prohibiting a couple from having another religious ceremony after they have been married, but it cannot purport to be a ceremony of marriage and no documents can be prepared or filed in relation to the religious ceremony. Applicants under 18 From time to time, posts in countries where the marriageable age is less than 18 receive requests for the issue of Certificate of No Impediment for persons who are under the age of 18. The marriageable age on the application form is the Australian marriageable age, i.e. 18 for both parties, not the local age. If either party to the marriage is domiciled in Australia, Australian law on marriageable age applies as far as recognition of the marriage in Australia is concerned, no

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matter where the marriage takes place. Under Australian law, exceptions to the requirement that both parties be 18 or older can be authorised only by a judge or magistrate, and then only in respect of a marriage between a people aged 16 or 17 and a particular person aged 18 or over. Parental consent to the marriage of a minor is not sufficient. Therefore, unless the Australian applicant produces authorisation for that particular marriage by an Australian court, a Certificate of No Impediment should not be issued if either party is under 18.

3.2 Issuing CNIs from CIS Select Certificates of no Impediment in the left hand navigation menu and select “New” in the action toolbar.

Enter data from the CNI application request form into the appropriate fields. Select from the Drop Down options Note: If Born in Australia, select “Australian Citizen and Permanent Resident” from the list of selections.

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Also, take note of entry format requirements for address details – enter address as a sentence e.g. 15 Hall St, Hall, ACT.

When information has been added to all fields select “Save” in the action toolbar and then select “Print” to open the CNI template.

To print and/or edit the CNI, select the “Enable Editing” button. Check all entry details shown in the CNI Template Certificate and over type fields requiring corrections, then print two copies: One is to be signed, sealed and issued to the Client The other is to be filed with the original application form and supporting documents

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The CNI should be signed, the wet seal be placed over the corner of the signature and signature block, and a red wafer seal should be embossed on the CNI.

Return to the CNI form in CIS, update the Duration to record the total time taken to complete the CNI, enter the receipt number (if applicable), select “Save” and then “Finalise” to finalise the record.

3.3 Record keeping for CNIs

Accurate records must be kept for CNIs in hard or electronic copy format (copy of the issued certificate, the original application form and certified copies of the supporting documents). Copies of supporting documentation can be stored on the CIS database. Offices with high volumes may also find it worthwhile to keep a numbered register of CNIs issued the purpose of reporting quarterly statistics where CIS is not available. For posts using CIS, there is no requirement to record the number of CNIs issued as this information can be obtained by Canberra from CIS directly.

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3.4 Issuing an authentication or apostille on a CNI Some countries insist that the CNI be issued with an authentication or apostille. If you have issued the CNI and it requires an authentication or apostille, you must ask a fellow approved officer to issue it, as you cannot verify your own signature. The authentication or apostille is issued as normal, by searching the surname of the colleague who issued the CNI. Please refer to the schedule of fees. The fee for a CNI should be charged per certificate issued. If a legalisation is also requested (authentication or apostille), that fee should be charged in addition to the CNI fee. If you witness the client’s signature on the application form, you do not charge the ‘Witnessing signature’ fee.

3.5 De facto relationships - documentation Some countries may require evidence from the Australian Government regarding de facto relationships. De facto relationships are a matter determined by a range of circumstances, which cannot be confirmed through an Australian statutory declaration. If a client wishes to make a declaration regarding their de facto relationship, they should complete a local statutory declaration in front of a local Notary or other authorised individual as well as downloading and providing a copy of the generic ‘De Facto Relationship Letter’ (available to download on the Smartraveller website: http://smartraveller.gov.au/

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ADDITIONAL NOTARIAL SERVICES PROVIDED AT OVERSEAS POSTS

SECTION 4: Witnessing Signatures The law often requires that a client sign a document in front of a notary or other authorised person before using that document for legal purposes. The type of document that clients might bring for witnessing of signature vary greatly. Commonwealth, state and territory legislation, regulations and court rules provide varying procedures for witnessing documents, affidavits and statutory declarations. Consular officers should be guided by the form provided by the client or the advice received from their legal representative. The information notes attached to forms will usually include references to the legislation that is authorising the individual to witness signatures and clarify what category of witnesses is permitted to sign.

4.1 Authority to witness signatures Precise requirements for the effective witnessing of a document, including whether the document may be witnessed by an A-based officer or an authorised locally engaged staff, is dictated by the jurisdiction in which the document is to be relied (e.g. Commonwealth, state, territory, or foreign). Requirements may vary further, depending on subject matter. All A-based diplomatic and consular officers can witness signatures on documents within their country of accreditation, though clients need to check whether these officers are eligible witnesses for the purpose required (e.g. some legislation does not list consular officers as eligible). Documents emanating from State and Territory governments can often limit authorised officers to career diplomats or consular officers (i.e. not LES). Authorised locally engaged staff can generally witness signatures on all documents used in Commonwealth jurisdictions. Refer queries to consular.policy@dfat.gov.au In addition to A-based officers, the following Australian laws may allow LES to perform witnessing; • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cwth) – for the opening

of an Australian bank account, where the client must be identified and their forms witnessed; • Australian Consular Officers’ Notarial Powers and Evidence Act 1946 (Qld) for the making of

Qld affidavits or other forms produced by the Queensland government – e.g., Drivers Licence renewals;

• Oaths Act 1900 (NSW) for the making of NSW affidavits or other forms produced by the NSW Government including drivers licence renewals forms.

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Witnessing land or property transaction documents overseas A standard DFAT Identity Certificate (Annex 22B of the Consular Operations Handbook) should be completed by the officer that performs the witnessing/certifying at the time of making the certified copies and witnessing the signing of the document(s). There is no charge for the DFAT Identity Certificate, however normal charges for the certified copies and the witnessing of the property documents still apply. The DFAT Identity Certificate (and witnessing/certifying services) can only be provided in response to the written instructions provided by the person being identified’s Australian Legal Practitioner, Law Practice Licensed Conveyancer or mortgagee. Where no written instructions from the Australian Legal Practitioner are provided by the client, the services should be declined. The witnessing and certifying of identity documents is to be conducted in accordance with the Consular Operations Handbook – including the use of Post stamps. Where it is considered necessary, practitioners can conduct a crosscheck of witnesses by email. This is conducted by Queensland Land Titles Authority (DERM) through a generic email to the witness at their official DFAT (or Austrade) email address. Where the name can’t be read, the Australian representative contacts Consular Policy to verify the status of the witness’ appointment. To allow Australian representatives to send the generic email to witnesses, the name of the witness and the post must be clearly legible and not obscured by the post’s stamp. The name of the post should also be clearly legible. Refer to the following Annexes to the Consular Operations Handbook:

. Annex 22B – DFAT Identity Certificate

. Annex 22C – Procedures for Verification of Identity by DFAT The document should contain the full name, address and occupation of the deponent. Clients should be informed that it is their responsibility to present the document to be witnessed in the correct form and to provide the correct instructions for witnessing. Consular officials must not draw up legal documents or guarantee the legal effectiveness of documents they witness. The rank or appointment of the officer witnessing a document should be stated on the document under the signature of that officer. The official seal should then be fixed to the document.

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4.2 Steps to witness a signature The document usually contains specific instructions for witnessing: where to place signatures and other required information. The client's photo ID should be checked to confirm they are the person named on the document. Some forms require the witness to also provide certified copies of the identification used to witness. See next part on “Certifying copies”. The consular officer should point to the place indicated on the document for the client to sign, and ask them to sign. The consular officer should then sign in the place indicated for the witness, and complete the other details indicated on the document, then place the official stamp where indicated. They may need to use their personal name and title stamp if the document does not provide for these details. The standard form of words for witnessing a signature on a document are shown in Chapter 22 of the Consular Handbook as an example, but may differ slightly from document to document. If an applicant is unaware or unsure of the legislative requirements for witnessing a particular document, upon the client's specific instructions an A-based officer may perform the witnessing act using the standard form of certificate. The officer should handwrite under the name and position stamp: “Empowered to witness under the Statutory Declaration Act 1959”. However, the A-based officer must ensure the client is informed that the post cannot guarantee the legal effectiveness of the document. Witnessing a signature is a single act.

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SECTION 5: Certifying Copies Clients often require copies of documents to present to authorities for various reasons. The authorities require that the copy be certified by a notary or other authorised person as a true copy of the original. Commonly requested are certified copies of university degree certificates, diplomas, academic transcripts, financial statements, birth and citizenship certificates, and drivers' licences. When consular officers are asked to certify that a document is a true copy, they must satisfy themselves that the copy is in fact a true copy of the document. The certification should take the following form: 'This is a true copy of the document presented to me'. Certification of a document should not be provided if the document presented is, or appears to be, something other than an original document (a photocopy or facsimile). When consular officers are asked to certify a document containing a photograph, such as a driver's licence, they are certifying that the copy is a true copy of the original document presented. They are not making any claims about the identity of the person. If a client requires a different form of words, they should be advised to have the document certified by a Public notary or the body from which the document originated.

5.1 Authority to certify copies All Australian diplomatic and consular officers and authorised locally engaged staff can certify copies of Australian documents or documents intended for Australian Commonwealth use. Locally engaged staff may not be authorised if the documents are required for a state government purpose. Care must be taken to check the forms or attached notes if the client is unsure or seems confused. Certification of copies is different to legalising documents. The documents must be Australian documents, and or required for use in Australia. In many cases, a document intended for use in Australia can be certified by other authorised witnesses – for example, documents in support of an Australian visa can be witnessed by foreign officials who are employed in the same occupations listed on the www.immi.gov.au website under ‘certified copies’.

5.2 Steps to certify a copy of a document 1. Take the original document and make the required number of copies on the office photocopier. This ensures a true copy of the original document. If the document's size or shape make it necessary to accept a copy from the client, the consular officer must take the time to ensure the copy is the same as the original in every detail.

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2. Stamp each copy with 'This is a true copy of the document presented to me' and sign with details of the officer's name, title and date added where indicated by the stamp. 3. Place the official stamp over part of the consular officer's signature, but do not obscure it. This renders the signature difficult to photocopy for fraudulent purposes. When certifying a copy of a single document, irrespective of the number of pages and how many must be certified, the client is charged for a single act. However, if the client requests multiple copies and certification for each, then they are charged for each copy.

SECTION 6: Statutory Declarations A statutory declaration is a solemn declaration of fact or belief, and may generally be made in relation to any matter. An affidavit is used to give evidence in court proceedings, while a statutory declaration is used to give evidence in most other circumstances. The declaration must contain an acknowledgement that it is true and correct and that it was made in the belief that a person making a false declaration is liable to the relevant penalties for perjury (eg. in the case of a Commonwealth statutory declaration, imprisonment of up to four years). Commonwealth, state and territory jurisdictions in Australia all provide for making of Statutory Declarations, although the form varies slightly in each jurisdiction:

Commonwealth and the ACT A person wishing to use a statutory declaration in connection with a law of the Commonwealth, the Australian Capital Territory or certain other territories must make the declaration in accordance with the Statutory Declaration Act 1959. The form for making a statutory declaration and the persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993. The form is on the Attorney General's Department website: www.ag.gov.au/statdec

State or territory Persons wishing to make a statutory declaration in relation to a matter concerning state law needs to check the procedures for making and using declarations with the relevant state. A consular officer, but not an authorised locally employed staff, may be able to witness a statutory declaration for use in a state or territory (with the exception of NSW and Qld if relying on the Oaths Act 1900 (NSW) or Australian Consular Officers’ Notarial Powers and Evidence Act 1946 (Qld)). The form and procedure are generally similar to those of a Commonwealth Statutory Declaration, although legislation on the declaration and the penalties for perjury are different.

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Authority to witness a statutory declaration Subject to the requirements of the legislation, Australian diplomatic and consular officers can witness statutory declarations. Authorised locally engaged staff can witness Commonwealth declarations or those under state or territory law where they are permitted.

Steps to witness a Statutory Declaration The client usually brings the form already filled in with the statement they wish to declare, which can be handwritten or typed, or they may request a blank form to complete. (See DFAT Corporate database - Templates/ Forms.) The client (declarant) must provide all the information requested on the form, including name, address and occupation. The consular officer should check the client’s identity by asking if they are the person whose name appears on the declaration, and check, to the extent possible, that the person is competent to make the statutory declaration. The consular officer should then:

• take the form from the client. If there is space at the end of the statement, rule a line (Z) with a black pen from the last word of the statement to the bottom of the area allocated for the statement, to ensure nothing can be added later

• lay the declaration before the client and draw their attention to the statement on the bottom of the form about the penalties for making false declarations. Remind the client of the contents of this statement and ensure that they understand

• ask the client to sign the declaration • point to the client’s written statement and say to the client “Is this your name and

signature, and do you declare that the contents of this declaration are true”? • on receiving an affirmative response (yes or nodding the head, etc.), the consular officer

should witness the declarant’s signature by signing in the place indicated on the form, and completing the name/title/office etc. details as indicated

• Complete the process by placing the official stamp over the top right hand corner of their signature, or where indicated on the form.

Witnessing a statutory declaration is a single notarial act.

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SECTION 7: Oaths and Affirmations (via Affidavits) An affidavit is a written statement that allows the person making it (the 'deponent') to present evidence in court or other legal proceedings. The person making the affidavit must take an oath, or make an affirmation, that the contents of the affidavit are true and correct. Generally, it is an offence to swear or affirm to false information. The consular officer's role is to witness the affidavit and administer the oath or affirmation. The precise form of an affidavit is dictated by the Commonwealth, state or territory legislation under which the affidavit is made or the proceedings in which the evidence contained in it is to be relied on. An affidavit that has not been drawn up correctly may not be effective. It is the deponent's responsibility to provide the document in the correct form and any additional witnessing/administering instructions. The deponent should be informed that the post takes no responsibility for the correctness of the form of an affidavit. When a deponent is unclear about the form that the document should take, they should be advised to seek professional legal advice.

7.1 Authority to witness affidavit and administer oath or affirmation DFAT policy is that only an Australian diplomatic or consular officer can witness an affidavit and administer the oath or affirmation. The rank of a consular officer at an overseas post empowered to do so may vary, depending on the jurisdiction and relevant legislation. Again, it is the deponent's responsibility to provide the correct instructions on this. If a deponent is unaware or unsure of the legislative requirements for a particular document, an A-based officer should use the following standard affidavit procedure and inform the deponent that the post cannot guarantee the legal effectiveness of the document. Consular officers do not assume responsibility for the correctness of the statements in any document sworn or declared before them.

7.2 Attachments If there are any attachments to the affidavit, the consular officer should endeavour to confirm that they are in fact those referred to in the document. Each exhibit should be marked as follows: 'This is the Attachment marked <Attachment A etc.> referred to in the affidavit of <deponent's name> sworn <or> affirmed at <place> before me on <day><month><year>. <Consular officer's signature>' The person making the affidavit should then sign the document below the text to the right of the position in which the jurat will be placed (see below).

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Only after all the text has been inserted and the document is signed by the person making the affidavit is the oath taken. The deponent swears or declares not only to the truth of the contents of the document but the authenticity of her/his signature and to her/his identity. Steps to witness an affidavit:

1. check the client’s photo ID to confirm they are the person named on the document. Read any instructions on the document

2. ask the client (deponent) to sign the affidavit at the end of the written statement, in the place indicated on the document

3. advise the client they must now swear an oath or make an affirmation to the truth of the statement and the authenticity of their signature, and their identity. Explain the meanings of oath and affirmation and ask the client which they prefer. Affidavits have traditionally been sworn on oath. However, when the deponent objects to swearing on the grounds that they have no religious belief, or that the taking of an oath is contrary to their religious belief, they may affirm the affidavit (see below)

4. to administer the oath, a consular officer should place the affidavit before the deponent, open at the page containing their signature, and ask the deponent to take a Bible in their right hand. The consular officer should then point to the signature and request the deponent to repeat the following words: ‘I swear by Almighty God that this is my name and handwriting and that the contents of this my affidavit are true and correct in every particular <and these are the exhibits referred to therein>, so Help me God.’

5. after the oath is sworn, the consular officer should affix the jurat, his or her signature, and the official seal immediately below the last line of the document. The jurat certifying that the document has been duly sworn should take the following form:

Sworn at <city> in <country> this day of <day><month><year> <deponent signs before the oath> before me, <name and position> <Signature of Consular Officer> Official seal If necessary, the jurat may be written on either side of the page or in the margin, but it should only run half-way across the page so the deponent has room to sign to the right of it. The jurat should never be on a separate page by itself.

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7.3 Other forms of oath The person making the affidavit may request that they be sworn by some other form of oath (an oath may be administered in any form or manner which the deponent declares to be binding upon their conscience). An example of oaths administered to deponents of non Judaeo-Christian belief are as follows: The following forms of oaths are effective if the consular officer receives an affirmative answer to the question: 'Are you bound by that oath (or by that ceremony you have performed) to speak the truth'. Buddhist 'I declare, as in the presence of Buddha, that I am unprejudiced, and if what I shall speak shall prove false, or if by colourful truth others shall be led astray, then may the three Holy Existences, Buddha, Dharma and Pro Sangha, in whose sight I now stand, together with the Devotees of the twenty-two Firmaments, punish me and also my migrating soul; and I accordingly swear that this is my name and handwriting (or mark) and that the contents of this your affidavit are true.' Muslim A copy of the Koran is handed to the deponent. The deponent places his/her right hand flat upon the book and left hand upon his/her forehead and brings his head down to the book and into contact with it. The deponent then regards the book for some moments. The deponent is asked: 'What is the effect of the ceremony you have performed?' Deponent should reply: 'I am bound by it to speak the truth and I swear (or declare) Arabic Some people will only take the oath on the Koran in the original Arabic language. The deponent places his/her right hand upon his forehead and left hand upon the book. The Deponent then bends down to the Koran and kisses it. The consular officer says: 'By the ceremony that you have just performed are you bound by your conscience to speak the truth, the whole truth and nothing but the truth?' The deponent answers: 'I am'. Consular officer: 'Do you swear that this is your name and handwriting (or mark) and that the contents of this your affidavit are true?' Deponent: 'I do.' When an affidavit is sworn by a person who appears blind or illiterate, the consular officer must certify in the jurat that the affidavit was read to the deponent in their presence, that the deponent appeared to understand the matter contained in the affidavit, and the deponent signed it with a mark or otherwise in the presence of that person.

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7.4 Administering an affirmation If the deponent indicates they have no religious belief, or that taking an oath is contrary to their religious belief or conscience, the person may be permitted to make an affirmation in lieu of swearing an affidavit. An affirmation has the same legal effect as an affidavit, but it is not taken on the Bible and does not refer to religious belief. The officer should open the document at the page containing the deponent's signature and, pointing to that signature, request that the deponent repeat the following words: 'I, <full name of deponent> do solemnly, sincerely and truly declare and affirm that this is my name and handwriting, and that the contents of this my affirmation are true.' The attestation (corresponding to a jurat in the case of an affidavit) should follow at the end of the document and take the following form: Affirmed at <city> in <country> This day of <day><month><year> <deponent signs before oath> before me, <name and position> <Signature of Consular Officer> Official seal Affidavits often comprise more than one page, and may need to be bound with a ribbon and dry seal. Servicing an affidavit usually comprises two notarial acts: administering the oath with witness of signature, and uniting documents and affixing a seal to the fastening (ie. binding).

7.5 Amending an affidavit Affidavits must not be amended once they have been sworn or affirmed. If an affidavit needs to be corrected, either a second affidavit clarifying the matter in question to the first affidavit must be made, or the first affidavit must be re-sworn.

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SECTION 8: Preventing fraud It is important that legal documents are not tampered with or have anything added to them after statements have been sworn and the document serviced. Binding documents, lining through blank spaces, initialling pages and alterations, and placing stamps over signatures help prevent this. Documents (and exhibits) covering more than one sheet of paper can be bound to assist in preventing extra pages being fraudulently added after witnessing. However, it is not necessary for the consular officer to bind those pages unless a client specifically requests it or if, due to reasons of space, the authentication stamp needs to be attached to the document on a separate sheet. In these cases, the entire document must be bound with ribbon, with the ends of the tape covered by a notarial wafer affixed to the sheet containing the certificate/jurat/attestation. The official seal should then be impressed through the wafer and that part of the document upon which it is affixed, but not through the whole document. Before binding a document, the consular officer must ensure it is signed on every page by the deponent. This precludes the possibility of adding or deleting sheets after the document has been bound. However, note that the requirement to sign every page is only for documents that DFAT is binding. Documents of more than one page that do not need a DFAT bind do not need to be signed on every page. Interlineations and alterations must be authenticated by the initials of the deponent and the consular officer. In the case of an erasure, any words or figures written over the erasures are to be written in the margin and the erasure and the words written in the margin initialled by the deponent and the consular officer. When there are large spaces at the end of statements or between them, the client should be prompted to draw a Z-shaped line through these to ensure nothing can be inserted later. Statutory Declarations in particular often require this. The official stamp (wet seal) should, if possible, be placed over part of the consular officer's signature (usually over the top right hand corner) to make it difficult to photocopy that signature for fraudulent purposes.

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8.1 Binding a document Binding a document makes it impossible for anyone to add another page without it being obvious ‘tamper evident’. It involves tying the pages of the document together with ribbon rather than stapling them, and placing a dry seal over the trailing ends of the ribbon. See Chapter 2.9. Bindings for images and a more detailed description. Despite some longstanding local practices, it is Australian best practice to never bind with a staple or glue/tape. To bind a document correctly you need:

• a one hole-punch (if the eyelet punch tool does not punch the hole) • a brass or metal eyelet and eyelet punch tool • a length of green ribbon, about 5 mm wide and 20 cm long • a red wafer seal • an embossing tool with the official seal.

Steps to binding a document

1. Put a hole through the top left hand corner of the document and all its pages with the hole punch, about 2 cm from each edge (only required if the eyelet punch tool does not make the hole).

2. Seal the hole with a brass or metal eyelet (you will need an eyelet punch tool), ensuring the smooth side of the eyelet is facing the document. Discretion can only be exercised where documents are too thick to use an eyelet.

3. Fold the ribbon in half and push the folded end through the hole. 4. Turn the trailing ends over the top of the document and pass them through the

loop in the folded end. Tie a small knot. 5. Pull the knot around to the front of the document, extend the trailing ends of the

ribbon and place them so they form a V-shape about 2 cm apart on the page. 6. Place a pre embossed red wafer seal so that it covers both the trailing ends of

ribbon. Press it down firmly. 7. Using the embossing tool, insert only the front page under the seal and push the

handle down firmly over a part of the seal and on clear part of the page to impress the official seal onto the page and the wafer (partially).

8. If there is not enough room to place the trailing ends of the ribbon and the seal on the front page without covering up text, pull the knot to the back of the page and seal the trailing ends on the back instead.

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SECTION 9: Online references Smartraveller pages on legalisation of documents: http://www.smartraveller.gov.au/services/legalising-documents.html The Consular Gateway on the intranet http://dfatintranet.titan.satin.lo/external-engagement/consular/Pages/consular-policies-proceduresandguidelines.aspx Consular Handbooks : http://dfatintranet.titan.satin.lo/external-engagement/consular/Pages/manuals.aspx Consular Handbook –Chapter 22 – Legal processes and notarial services: http://dfatintranet.titan.satin.lo/external-engagement/consular/consular-operations-handbook/Pages/Consular-operations-Chapter22.aspx The Apostille section of the Hague Conference website: http://www.hcch.net/index_en.php?act=text.display&tid=37 Table listing current signatories for the Hague Apostille Convention: http://www.hcch.net/index_en.php?act=conventions.status&cid=41 (be sure to also read the guide to understanding this table) Contact details for foreign authorities for issuing apostilles: http://www.hcch.net/index_en.php?act=conventions.authorities&cid=41 Australian Qualifications Framework (for verifying educational documents): http://www.aqf.edu.au/register/aqf-register/ To find Notaries Public in all Australian States and Territories: ACT – www.courts.act.gov.au/supreme/services/notary_public NSW – notarynsw.org. au/Home NT – www.supremecourt.nt.gov.au/about/ QLD – www.societyofnotaries-qld.org/ SA – notaries-sa.org.au/ TAS –www.supremecourt.tas.gov.au/practice_and_procedure/public_notaries VIC – www.notaries.org.au/index.php WA – www.lawalmanac.dotag.wa.gov.au/P/public_notaries.aspx

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SECTION 10: Templates

10.1 Cover letter for Request for Specimen Signature/Seal/Stamp

[Date] [Title, first name and surname, then honorifics if relevant] [Position, if relevant] [Name of organisation, if relevant] [Address] Dear [Title and/or surname] The Department of Foreign Affairs and Trade (DFAT) has received documents signed by yourself and we need to verify the signature so that the document can be legalised for use overseas. The information provided on this form is retained by DFAT on file for future reference. The information is used for the purpose of legalising (authentication or apostille) documents for use outside of Australia and otherwise in accordance with the Privacy Act 1988 (Cth). Your signature will be stored in a database and is not publically available. For further information about how DFAT handles your personal information, please visit: http://dfat.gov.au/about-us/about-this-website/pages/privacy.aspx This information enables DFAT to compare and verify documents bearing your signature, reducing the possibility of fraudulent use or forged documents being tendered internationally. This is a service provided to bearers of Australian documents being used internationally, and is a requirement of respective foreign governments and not the Australian Government. Further information regarding DFAT’s process of legalising public documents can be obtained from the smartraveller website: http://smartraveller.gov.au/services/legalising-documents/pages/australia.aspx Please complete the attached ‘request for specimen signature/seal/stamp’ form and return to [Drafting note: insert email address]. Your prompt assistance in this matter is greatly appreciated. Yours sincerely [Name] [Position]

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10.2 Request for Specimen Signature/Seal/Stamp

REQUEST FOR SPECIMEN SIGNATURE/SEAL/STAMP

(To be completed by person providing specimen signature)

I, Click here to enter Given names and Family name in full, do hereby certify that the following specimen signature and details are mine and are true and correct.

Authority Click here to enter the Authority under which you are providing the signature, e.g. Registrar General or Australian Federal Police

Company / Organisation Click here to enter your company or organisation name

Title / Position Click here to enter your title and position

Address Click here to enter your address

Email address Click here to enter your email address

Phone number Click here to enter your contact number

Professional registration number (if applicable)

Valid from to (sign here – and delete this text) (add seal or stamp here – and delete this text) My specimen signature Seal or stamp (if applicable) Personal information provided to the Department of Foreign Affairs and Trade (DFAT) is protected by law, including the Privacy Act 1988. Information about how we collect, use, disclose or store this information is available online at: http://dfat.gov.au/about-us/about-this-website/pages/privacy.aspx. The information provided on this form is retained in a secure database by DFAT for future reference. It is used for the purpose of authenticating documents intended to be used outside Australia and otherwise in accordance with the Privacy Act 1988. This information enables DFAT to compare and verify documents bearing your signature, reducing the possibility of fraudulent use or forger documents being tendered internationally. If you do not provide this information, DFAT will be unable to verify documents bearing your signature (thereby increasing the risk of fraudulent use of your signature).