Public Notaries record legal transactions for use abroad under foreign law. A notarial act is certification of authenticity.
Persons wishing to apply for the appointment of Public Notary, must satisfy the criteria set out in Part 2, Section 4 of the Public Notaries Act 2001.
A person cannot be appointed as a public notary unless the person -
- is a natural person
- is an Australian lawyer;
- subject to section 5(7), has held a Principal's Practising Certificate for a period of 5 years,
an Australian practising certificate authorising the person to engage in legal practice
as a principal;
- has completed, to the satisfaction of the Victorian Legal Admissions Board, a course of study related to notorial practice
approved by the Board.
At the present time, only one institution in Victoria (The Sir Zelman Cowen Centre for Continuing Legal Education) offers a course of study which satisfies the criteria.
The legislation which governs the appointment of Public Notaries in Victoria is the Public Notaries Act 2001 and the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008.
You should read the Guide for Public Notary in full before you start your application. The guide will outline the requirements for appointment and the documentation required.
All applications must be made using the online portal.
Form 2-15A - Application for Certificate of Eligibility
Form 5D - Originating Motion
Form 2-15D - Notice of Intention to Apply for Appointment as a Public Notary
Form 2-15C - Affidavit in Support of Application for Appointment
Form 2-15 E - Oath of Office
Form 2-15F - Notification after Appointment
Matters of Suitability
To assist in determining what matters should be disclosed, you must read the Suitability Guidelines for Public Notaries.