What’s the difference between a notary public and a commissioner of oaths?
A commissioner of oaths (or a commissioner for oaths) is someone who is authorised by law to take oaths, affirmations, and declarations from people swearing to the truth of certain documents or for certifying true copies of documents for legal purposes. In New South Wales, this role is mainly performed by people who have been appointed as a justice of the peace. If you need to sign a document requiring a ‘prescribed witness’ or you need to certify your document, then you can use a justice of the peace, a lawyer/legal practitioner or a notary public.
However, if you have been told that your document must be signed in front of a commissioner of oaths, it is probably because your document is going to be used overseas and there are commissioners of oaths in the country where your document is going to be used. If you are going to be using your document overseas, then the most appropriate person to use instead of a commissioner of oaths is a notary public.
A notary public, like a commissioner of oaths, is authorised by law to take oaths, affirmations, and declarations from people swearing to the truth of certain documents or for certifying true copies of documents for legal purposes. The important distinction of a notary public from a justice of the peace or a commissioner of oaths is that if a document is intended to be used overseas then it generally needs to be notarised which can only be done by a notary public. On the other hand, a justice of the peace or a commissioner of oaths would be used for documents being only used in Australia.
The fact that you are asking this question or searching for answers and you are now reading this page suggests that someone has asked you to use a commissioner of oaths or notary public to notarise your documents.
Other FAQs regarding our notary public services
If you have any other questions regarding our notary public services, please contact our office on 02 9687 8885 to speak with our notary public or visit our other frequently asked questions, also found below:
- What’s a ‘notary public’?
- What does a notary public do?
- What’s the difference between a notary public and a justice of peace?
- What’s the difference between a notary and a commissioner of oaths?
- What makes you different from other notaries?
- What’s an ‘apostille’?
- What’s the Apostille Convention?
- I’ve been told I need an apostille. Where and how do I get it?
- What’s ‘authentication’?
- Are you recognised by the Department of Foreign Affairs and Trade?
- What’s your experience in providing notary public services?
- Do you provide any services other than notary services?