Public Notaries Act 1997 – Section 21 – Review of Act

This section provides for a review of the scheme established under the Act, so that the practice of notarial services in New South Wales are scrutinised for their quality and efficiency. The objective of this process is to ensure and maintain a high professional standard among Notaries Public in the state and to prevent the profession falling into disrepute. The section is broken down into three subsection, which read as follows:

(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

The scheduled review was to take place in mid-2003, and the report concerning the review’s outcome was to be tabled in both the New South Wales’ Legislative Assembly and Legislative Council in or about mid-2004. According to what appears to be a draft document obtained from the website of the state Attorney General’s Legislation Policy and Criminal Law Review Division, titled “Report on the Review of the Public Notaries Act 1997” and dated December 2004:

In March 2004, the NSW Attorney General’s Department wrote to the following key stakeholders, inviting them to make a submission in relation to the review:

  • the Bar Association of NSW;
  • the Chief Justice of NSW;
  • the Law Society of NSW;
  • the Society of Notaries;
  • the Legal Practitioners Admission Board.

In addition, an article was published in the Law Society Journal in April 2004, inviting submissions from members of the legal profession. In August 2004 further submissions on specific issues were invited from the Law Society and the Society of Notaries.

This report is the outcome of the review process and takes into account the submissions and comments received.

Furthermore, according to the Report’s Summary:

As part of the review process, the Department invited key stakeholders to make submissions in relation to the review. The very limited case law interpreting the Act was reviewed. Interstate legislation regulating the appointment of public notaries was reviewed and compared to the current NSW Act. The review concludes that generally the policy objectives of the Act remain valid and that the terms of the Act remain appropriate for securing those objectives. […] All stakeholders contacted expressed general satisfaction with the current working of the Act.

Sydney notarial services (mobile in Chatswood, Lane Cove, Artarmon and surrounds) can be offered to meet an individual’s or business demands, including the witnessing of statements, the authentication of materials, the taking of declarations, as well as the production of other notarial certificates that are intended to be used by foreign authorities, non-government organisations (NGO) or other private institutions situated outside the Commonwealth of Australia. If you are looking for a Notary Public in Sydney, we look forward to hearing from you.

The descriptive information published on this website is based on reprint No. 1 (9.5.2006) of the Public Notaries Act 1997 (NSW) as in force at 17.7.2009. This brief article is provided to the public for general knowledge purposes only and is under no circumstances to be treated as legal advice. This short article is copyright to the writer.