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.
The notary’s obligations
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, 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.
Ways of dealing with a foreign language document
Bilingual documents
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.
Translation by a qualified translator
Where the document is entirely in a foreign language, a translation by a qualified translator 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.
Interpreter at the appointment
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 about their interpretation, which is recorded by the notary.
Signatory’s own understanding
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.
Translations of Australian documents
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.
Common issues
- Translations not provided in advance. Provide the document and any translation to the notary before the appointment, so that the document can be reviewed.
- Incomplete documents. Blank spaces in a foreign language document should be completed or struck out before signing.
- Names and transliteration. Names in non-Latin scripts should match the signatory’s passport and foreign identity documents.
- Family members as interpreters. Using a family member who has an interest in the transaction can undermine the independence of the process.
Languages at our office
Our office works in English, Mandarin and Cantonese. For documents in other languages, a translation or an independent interpreter will usually be required.
How we can assist
Our notary public can review foreign language and bilingual documents, advise on what translation or interpretation is needed, attend to notarisation, and arrange DFAT apostilles, authentication and consular legalisation.
Further information about our notarial practice is available at melbournepublicnotary.com.au.
Frequently asked questions
Can a notary in Melbourne notarise a document in Chinese or another foreign language?
Yes, provided the notary can properly identify the document and is satisfied that the signatory understands its content and effect. The notary will usually require an English translation or a bilingual version, and the notarial certificate will record how the signatory’s understanding was established. The document can then be apostilled or authenticated by DFAT.
Does a notary translate documents?
No. A notary authenticates signatures, copies and facts but does not translate documents. Where a translation is needed, it should be prepared by a qualified translator, usually one certified by NAATI. The notary can then authenticate the translator’s signature and declaration if the receiving authority requires a notarised translation.
Can I bring an interpreter to my notary appointment?
Yes. Where the signatory does not read the language of the document, an interpreter may attend so that the content can be explained before signing, and the interpreter may be asked to sign a declaration about the interpretation. Our office can also communicate with clients in Mandarin and Cantonese, which can make a separate interpreter unnecessary.
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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