Public Notaries Appointment Rules – Rule 2 – Qualification for Notary Public in New South Wales

Rule 2 of the Public Notaries Appointment Rules (NSW) outlines the three stage test for the mandatory qualifications that each legal practitioner in New South Wales needs to satisfy to be a candidate for appointment as Public Notary in the state of New South Wales.

The first qualification is that the prospective candidate must be either a solicitor or a barrister, on the roll for no less than five continuous years (i.e. where that five year period is uninterrupted). The second qualification is that the solicitor or barrister must hold a current practicing certificate entitling him to practice law in Australia. The third and final qualification is that the legal practitioner wishing to be appointed a Public Notary completes a “Notarial Practice Course conducted by the Board or approved by the Board.”

Evidence that the candidate is qualified for appointment as Public Notary is collated under cover of Form 1, which is located in the first schedule to these Rules. This Form 1 document, along with its annexure, is then presented to the Board for consideration.

The first issue that stands out in these qualifications is that in Australia, unlike some other jurisdictions, a Public Notary must be a legal practitioner. For information about the Notarial Practice Course, prospective candidates for appointment should contact the Law Society or the Legal Practitioners Admissions Board.

Notarial services in Sydney (mobile in North Sydney, St Leonards and surrounds) can be offered to meet an individual’s needs, including the witnessing of affidavits, the authentication of materials (whether written or not), the taking of declarations, as well as the preparation of other notarial certificates that are intended to be utilised by external state authorities, non-government organisations (NGO) or other private institutions situated outside Australia. If you are looking for a Sydney Notary Public, we look forward to hearing from you.

The data in this post is based on reprint No. 1 (6 September 2013) of the Public Notaries Appointment Rules (NSW) as in force at 23 September 2008. This post is provided for general knowledge purposes only and is not to be treated as formal legal advice. This short article is copyright to the writer.