Written by Justin Chua, Lawyer and Mediator, Chua Tan Associates · Last reviewed November 2026
The direct answer: Since the Apostille Convention (the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents) took effect for China on 7 November 2023, Australian public documents for use in mainland China generally only need an apostille from the Department of Foreign Affairs and Trade (DFAT); Chinese embassy or consulate legalisation is no longer required. Private documents such as powers of attorney, declarations and company documents usually must first be notarised by an Australian notary public before an apostille can be issued. Many rejections are not caused by procedural errors but by details in the documents themselves.
Below are the issues we regularly flag when preparing documents for clients to send to China. For an introduction to our notary services, see Notary public in Melbourne page.
What does an apostille actually certify?
According to the Australian Government's Smartraveller website, an apostille or authentication only certifies that the signature, stamp or seal on the document is genuine; it does not certify that the contents are correct. So even a document that has been apostilled can still be rejected if its contents or format do not meet the requirements of the receiving authority in China.
Which documents need a notary first?
DFAT can apostille public documents issued by Australian governments directly, such as birth, death and marriage certificates, court documents, police checks and citizenship certificates. Private documents such as powers of attorney, wills, bank statements and company documents must first be notarised by an Australian notary public, making them public documents, before DFAT can process them. Copies of identity documents and foreign-language documents prepared by a notary also need to be notarised first.
What are the most common reasons for rejection?
Name mismatches
Mismatches between a Chinese name, the pinyin on a passport, the English name on Australian documents and former names are among the most common problems. The receiving authority often needs documents or a notarial statement linking these names.
Missing pages or altered documents
Missing pages in a multi-page document, or binding that has been taken apart and redone, can raise doubts. DFAT also says it will not process documents that are laminated, framed or altered in any way.
Translations that do not meet requirements
DFAT has specific requirements for attached translations, including the translator's name, signature, NAATI stamp (with practitioner number) and the date of translation, on every page. Whether the Chinese receiving authority also requires a fresh translation in China should be confirmed with them beforehand.
Documents issued too long ago
Some receiving authorities require certain certificates (such as police checks or marital status documents) to have been issued within a set period. The period varies by authority and purpose, so confirm it with the recipient before you start.
The wrong type of certification
A common mistake is sending an ordinary photocopy instead of a notarised copy, or using a Justice of the Peace (JP) instead of a notary. DFAT says it only accepts originals or copies certified by an Australian notary public, and specifically notes that copies of some documents cannot be certified by a JP instead.
What can you check before sending?
- Confirm with the Chinese receiving authority the documents required, the format and how recent they must be
- Separate public documents from private documents, and arrange notarisation for private documents first
- Check that names and dates of birth match across all documents
- Make sure multi-page documents are complete and the binding has not been taken apart
- Confirm the translation meets requirements, and whether a fresh translation is needed in China
- Keep a scan of the full set of documents for checking and follow-up requests
If the documents relate to an inheritance or property in China, you can also consider them together with Estate planning.
Frequently asked questions
If a document has an apostille, does it still need Chinese consulate legalisation?
Generally, no. Since the Convention took effect for China, public documents from member countries for use in mainland China in principle only need an apostille issued by that country.
Can someone in China get documents notarised in Australia?
Notarisation usually requires the signer's identity to be verified and the signing to meet notarial requirements. Whether it can be done remotely depends on the type of document, so ask us first.
How can an apostille be verified?
DFAT has an online apostille verification service that recipients can use.
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Book a consultation
A rejected document usually means signing and posting everything again, which takes longer than most people expect. If you would like your documents checked, you are welcome to Book a 30-minute consultation for paid advice. If you then formally instruct us, the consultation fee is credited to your first invoice. Our firm has its own notary public, works in Mandarin and Cantonese, and offers video consultations to clients across Australia. Phone: +61 3 9602 3988; WhatsApp: +61 490 369 102; WeChat: chuatan262.
This article is general information only and is not legal advice. Do not rely on it to make any decision; please consult a lawyer about your circumstances.
Information current as at November 2026
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