Where a document in one language must be relied on by an authority that works in another, the receiving authority will usually require a translation prepared by a qualified translator, and it may also require that translation to be notarised and then apostilled or legalised. In Australia, the recognised credential for translators is certification by the National Accreditation Authority for Translators and Interpreters (NAATI). A notary public does not translate documents; the notary’s role is to authenticate the translator’s signature and declaration, or to certify that a copy is a true copy, so that the translation can be accepted overseas.
The legal framework
NAATI is the national standards and certifying body for translators and interpreters in Australia. A NAATI-certified translator applies a stamp showing the language direction and certification number. Australian government agencies, including the Department of Home Affairs, generally accept translations of foreign documents by NAATI-certified translators.
Overseas authorities set their own rules. Some accept a NAATI-certified translation as it is; others require the translator to swear an affidavit or make a declaration before a notary, followed by an apostille under the Hague Apostille Convention or, for non-Convention countries, authentication by the Department of Foreign Affairs and Trade (DFAT) and legalisation by the relevant embassy or consulate.
Common situations
- Australian documents for use overseas. An Australian marriage certificate, court order, academic transcript or company document may need to be translated into Chinese, Vietnamese, Indonesian or another language before a foreign registry or court will accept it.
- Foreign documents for use in Australia. Overseas birth certificates, household registration records, driver licences and academic records are commonly translated into English for visa, licensing or court purposes. These generally do not require notarisation for domestic use, but the receiving Australian authority should confirm.
- Bilingual documents. Some overseas authorities prefer a single bilingual document, such as a power of attorney, rather than a separate translation. The parties should confirm that both language versions carry equal weight or specify which prevails.
The process
- Obtain written requirements from the overseas recipient, including whether the translation must be done in Australia or in the destination country.
- Arrange a translation by a NAATI-certified translator in the correct language direction.
- If the translation must be notarised, arrange for the translator to attend the notary with the source document and the translation, to make a declaration as to accuracy and competence. Alternatively, the notary may certify a copy of the source document and annex the translation, as the recipient requires.
- Lodge the notarised documents with DFAT for an apostille or authentication.
- Where required, lodge them with the relevant embassy or consulate for legalisation.
Common issues
- Translating before notarising. Some authorities require the translation to cover the notarial certificate and apostille as well as the underlying document. If so, translation must occur after legalisation.
- Inconsistent names. Names transliterated from Chinese, Arabic, Persian or other scripts should be checked against the passport spelling to avoid rejection.
- Uncertified translations. Translations by family members or the signatory are generally not accepted.
- Incomplete translations. Stamps, seals, handwritten annotations and reverse pages should be translated, or noted as untranslated, to avoid queries.
Documents required
- The original source document.
- The NAATI-certified translation, bearing the translator’s stamp.
- Photographic identification of the person attending the notary, whether the translator or the signatory.
- Any instructions from the overseas recipient about format and sequence.
How we can assist
Our notary public notarises documents and translations for overseas use and can explain the order in which translation, notarisation and legalisation should take place for a particular destination. Our office works in English, Mandarin and Cantonese, which assists in reviewing Chinese-language documents and instructions, although formal translations are prepared by independent NAATI-certified translators.
Frequently asked questions
Does a notary public translate documents?
No. A notary does not translate documents. Where a translation is required, it should be prepared by a qualified translator, ideally one certified by NAATI. The notary’s role is to authenticate the translator’s signature and declaration, or to certify a copy of the original, so that the translation can be relied on overseas.
Do NAATI translations need to be notarised?
Not always. Australian authorities generally accept NAATI-certified translations without notarisation. Overseas authorities may require the translation to be notarised and then apostilled or legalised, so that they can verify the translator’s identity and credentials. The receiving authority’s requirements should be confirmed before the translation is arranged.
Should the translation be done in Australia or overseas?
It depends on the receiving authority. Some accept a translation made in Australia if it is notarised and apostilled, while others require translation by a translator registered in their own country. Confirming this early avoids paying for a translation that will not be accepted by the authority that needs it.
Notarial services at Chua Tan Associates are provided by our notary public, Kin Wee Chua. Our Melbourne office is at Level 2, 262 Queen Street. To arrange an appointment, please call +61 3 9602 3988 or email chuatan@tpg.com.au. This article provides general information only; requirements are set by the receiving country and may change, so please confirm them with the recipient of your documents.
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