Public Notaries Appointment Rules – Rule 4 – Evidence of Suitability for Appointment

In light of the sensitive nature of the duties that Notaries Public discharge to their clients, individuals seeking notorial services in New South Wales should be able to have high levels of trust in the legal professionals occupying this public office. The appointment of Notaries Public in the state is therefore governed by strict professional standards.

Rule 4 of the Public Notaries Appointment Rules (NSW) lists five mandatory requirements for suitability that candidates for appointment must satisfy before being considered by the Board. These include:

  • Evidence that the candidate is a lawyer, a barrister, solicitor or legal practitioner under the Legal Profession Act 2004 (NSW). This evidence will ordinarily be a copy of the candidate’s certificate of admission issued by the Supreme Court of New South Wales.
  • Evidence that the candidate has held a practicing certificate for a continuous period of five years. Ordinarily, this evidence can be copies of the practicing certificates going back five years, or official correspondence on the letterhead of the Law Society. The correspondence from the Law Society will also state whether there has been any complaints or disciplinary proceedings on the candidate’s record, whether pending or historical.
  • Evidence that the candidate holds a current practicing certificate entitling him to practice law in New South Wales. A copy of that certificate will suffice.
  • Evidence that the candidate has completed the stipulated “Notarial Practice Court”. This evidence will ordinarily take the form of a copy of the certificate obtained after the course has been completed. In the event that the Board has exercised discretion under Rule 2 of the Rules (to the effect that this requirement in Rule 3 has been waived) a copy of the Board’s decision should also be included in the candidate’s application in lieu of completing the “Notarial Practice Course”.
  • Evidence of any professional experience that the candidate may believe may be beneficial to include, which may assist in the determination as to the candidate’s application.

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 located outside Australia. If you are looking for a Sydney Notary Public, we look forward to hearing from you.

The information provided here is based on reprint No. 1 (6 September 2013) of the Public Notaries Appointment Rules (NSW) as in force at 23 September 2008. This short article 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.
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