{"id":5445,"date":"2023-01-27T21:46:19","date_gmt":"2023-01-27T10:46:19","guid":{"rendered":"https:\/\/melbournepublicnotary.com.au\/?p=5445"},"modified":"2026-10-20T11:18:25","modified_gmt":"2026-10-20T00:18:25","slug":"melbourne-notary-public-for-foreign-language-documents","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/melbourne-notary-public-for-foreign-language-documents\/","title":{"rendered":"Notarising Foreign Language Documents in Melbourne"},"content":{"rendered":"

An Australian notary public can notarise a document written in a language other than English, provided the notary can properly identify the document and is satisfied that the signatory understands its content and effect. In practice, the notary will usually require either an English translation of the document or a bilingual version, and the notarial certificate will describe the document and the basis on which the signatory’s understanding was established. The notarised document can then be apostilled or authenticated by the Department of Foreign Affairs and Trade (DFAT) for use overseas.<\/p>\n

The notary’s obligations<\/h2>\n

In Victoria, notaries are appointed by the Supreme Court of Victoria under the Public Notaries Act 2001 (Vic). A notary does not simply witness a signature. The notarial certificate is a formal statement on which foreign authorities rely, and the notary must be satisfied of the signatory’s identity<\/a>, their capacity, the voluntariness of the act and their understanding of what they are signing. Those obligations do not lessen because the document is in a foreign language; if anything, they require additional care.<\/p>\n

Ways of dealing with a foreign language document<\/h2>\n

Bilingual documents<\/h3>\n

The most convenient format is a bilingual document, with the foreign language text and an English version side by side. Many overseas lawyers and notaries, particularly in Europe, Latin America and Asia, prepare documents in this way for clients abroad. The signatory can read the English version and the notary can identify the content of the document.<\/p>\n

Translation by a qualified translator<\/h3>\n

Where the document is entirely in a foreign language, a translation by a qualified translator<\/a> can be provided. In Australia, translators are credentialled by the National Accreditation Authority for Translators and Interpreters (NAATI). The translation may be attached to the notarised document or kept on the notary’s file, depending on what the receiving authority requires.<\/p>\n

Interpreter at the appointment<\/h3>\n

Where the signatory does not speak English sufficiently well, an interpreter may be required at the appointment so that the notary can communicate with the signatory directly. The interpreter should be independent of the parties to the transaction. In some cases the interpreter may also be asked to make a declaration<\/a> about their interpretation, which is recorded by the notary.<\/p>\n

Signatory’s own understanding<\/h3>\n

Where the signatory is fluent in the foreign language and the content of the document is straightforward, such as a standard life certificate or a short consent, the notary may, in appropriate cases, accept the signatory’s confirmation that they understand the document. The notarial certificate will usually record this.<\/p>\n

Translations of Australian documents<\/h2>\n

A separate question arises where an Australian document must be translated for use overseas. Some receiving authorities require the translation to be performed in the destination country by a sworn or officially appointed translator. Others accept a translation made in Australia, sometimes with the translator’s declaration notarised. Requirements differ widely, and the receiving authority’s instructions should be followed.<\/p>\n

Common issues<\/h2>\n