Public Notaries Appointment Rules – Rule 6 – Board’s Powers in Relation to the Appointment of Public Notaries

Rule 6 of the New South Wales’ Public Notaries Appointment Rules gives the Board the power to issue a certificate to a successful candidate, or withhold approval pending the provision of any additional documentation or material that it may request before a final determination of a candidate’s application is made.

The office of Public Notary is a highly respected one and the community have a right to expect that those appointed to the office are of good standing and subscribe to the highest professional standards. The Board therefore take the appointment of persons to the office of Notary Public very seriously. The Rules therefore contemplate a situation whereby the Board may not be satisfied that a candidate may qualify for appointment strictly on the basis of the materials before it, but also believe that the interests of justice and procedural fairness require that a further inquiry may be called for.

The power to withhold the issuing of a certificate therefore appears to be a largely unfettered discretionary power, the purpose of which is presumably to provide the Board an avenue for further inquiries – should the Board feel further inquiries are necessary – before making a final determination whether or not to appoint a candidate to the office of Notary Public.

Notarial services in Sydney (mobile in Milsons Point, McMahons Point, Kirribilli 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 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 Public Notary in Sydney, we look forward to hearing from you.

The information in this article is based on reprint No. 1 (6/9/13) of the Public Notaries Appointment Rules (NSW) as in force at 23/9/08. 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.