When someone is arrested or charged in Melbourne, family members, often living overseas, are quickly asked for paperwork: proof of assets for a bail guarantor, a character reference for a plea, a power of attorney so someone can pay the rent while the person is in custody. When an Australian is charged in another country, the paperwork goes the other way. This article explains what notarisation, apostilles, DFAT authentication and translation each do, and how to avoid the delays that come from getting the wrong one.
The short version
- Notarisation is a notary public confirming who signed a document, or that a copy matches the original. In Australia, private documents such as powers of attorney, statutory declarations for overseas use and copies of personal records usually need to be notarised before the government will add anything to them.
- An apostille is a certificate issued under the Hague Apostille Convention. It confirms the signature, seal or stamp on a public document (including a notarised document) so that it can be used in another member country without further steps.
- DFAT authentication is the Australian Department of Foreign Affairs and Trade’s certificate for documents going to countries outside the Apostille Convention. The receiving country’s embassy or consulate may then add its own legalisation.
- Translation: anything not in English that is going to be relied on in an Australian court needs an accurate English translation. A translation by a NAATI-certified translator is the usual starting point.
Notarisation, apostille and authentication: who does what
An Australian notary public witnesses signatures, verifies identity, certifies copies of original documents and prepares notarial certificates for documents to be used overseas. The notary’s role is to confirm the person and the document, not to give an opinion on whether the contents are true.
DFAT then legalises Australian public documents. According to DFAT’s published guidance, these include originals issued by Australian government agencies and officials (birth, marriage and death certificates, court documents, police checks, ASIC and ATO documents), documents from Australian educational institutions, and copies notarised by an Australian notary public. Private documents, such as powers of attorney, wills, bank statements and company documents, can only be legalised after an Australian notary public has notarised them. DFAT applies either an apostille or an authentication certificate, depending on the destination country, and recommends that you check with the receiving authority which one it needs.
Each government legalises its own documents. DFAT legalises Australian documents. A document issued in China, Malaysia or Hong Kong has to be dealt with by the authorities of that place, not by DFAT. Our apostille and DFAT authentication service explains the Australian steps in more detail.
China and the Apostille Convention
The Apostille Convention entered into force for the People’s Republic of China on 7 November 2023 (Hague Conference on Private International Law). From that date, Australian public documents covered by the Convention can be used in mainland China with an apostille, and consular legalisation by the Chinese Embassy or Consulates-General in Australia is no longer required for them. The Chinese consular notice still advises checking the receiving organisation’s own requirements for format, content, time limits and translation before you start, because an apostille confirms the signature and seal, not that a particular office will accept the document. See our China notarisation page for documents going to China.
Common situations in criminal cases
1. Family overseas supporting a bail application
A Victorian court may require a bail guarantor (formerly called a surety) or a deposit. A guarantor must satisfy the court that they have sufficient means, and swears an affidavit of justification. Where the money or property is overseas, the court will want reliable evidence of it, for example bank statements, property ownership certificates or records of where deposit money came from.
- Overseas documents are prepared in the country where they are issued. If that country is a party to the Apostille Convention, the designated authority there can issue an apostille; the Hague Conference website lists those authorities.
- Whether a Victorian court needs an apostille on a particular overseas document depends on the document and how it will be used. In practice, what usually matters is that the document is genuine, complete and accurately translated, and that the person relying on it can explain it. The defence lawyer should decide what is needed before the family spends time and money.
- Bail applications move quickly. Start gathering documents at the same time as the lawyer prepares the bail application, not after.
Our criminal law division has a detailed guide for relatives, remand and bail for families, including family overseas, which covers bail guarantors, deposits and how family can help.
2. Character references and records for a plea
If a person pleads guilty, or is found guilty, the court hears a plea in mitigation before sentencing. Character references, employment records, study records and evidence of family circumstances can all help the court understand the person. Some of this material will come from overseas.
- A character reference does not usually need to be notarised. It should be signed and dated, give the author’s full name, occupation and contact details, explain how they know the person, and show that the author knows about the charges and that the reference will be read in court.
- A reference written in Chinese, Malay, Vietnamese or another language needs an English translation, and the original should be kept with it.
- Formal records, such as a university transcript or an employment certificate, may need more: for example, a notarised copy or an apostille, if authenticity could be questioned.
3. Powers of attorney when someone is in custody
A person held on remand still has rent, bills, a car, a bank account and sometimes property or a business overseas. A power of attorney can let a trusted person deal with these.
- For assets in Victoria, a Victorian power of attorney has its own form and witnessing rules. Arranging a properly witnessed signature for someone in custody takes planning, so raise it early with the lawyer.
- For property, bank accounts or business interests overseas, the receiving country usually requires the power of attorney to be notarised in Australia and then apostilled or authenticated by DFAT. Our page on powers of attorney for use overseas sets out the usual steps.
4. Australians charged overseas
When an Australian is arrested or charged in another country, their lawyers there may ask for Australian documents: a national police check, birth or marriage certificates, academic or employment records, medical reports, or statutory declarations and character references from people in Australia. These are Australian documents, so they are notarised and legalised here: notarisation where needed, then an apostille or DFAT authentication depending on the destination country. Always ask the overseas lawyer exactly what format and translation the court there requires before you start.
5. Affidavits and statements from witnesses overseas
If a relative or witness overseas needs to swear an affidavit or make a statement for a Victorian court, it must be made before someone authorised to take it, such as a notary public in that country or an Australian consular officer. The Victorian lawyer should prepare or approve the wording first. A document that is witnessed in the wrong way, or that says more than the witness actually knows, can do more harm than good.
Translation: the step people underestimate
Courts in Australia work in English. Documents in another language need an English translation that the court and the other side can rely on, and the original should be available. In practice:
- Use a NAATI-certified translator. NAATI is the national standards and certifying authority for translators and interpreters in Australia, and DFAT’s own guidance requires translations it legalises to be done by a NAATI-certified or recognised translator.
- Do not rely on a machine translation, or on a family member’s translation, for anything the court will read.
- Translate the whole document, including stamps, seals and handwritten notes.
- If the translated document will also need an apostille or authentication, ask in advance what order the steps should go in. The answer depends on the receiving country and authority.
Timing
Notarisation in Melbourne can often be arranged quickly once the right documents are ready. DFAT processing, overseas apostilles, courier time and translation all add days or weeks. For bail, plea hearings and visa-related deadlines, work backwards from the court date and start immediately.
Visa consequences
If the person charged is not an Australian citizen, the criminal case can affect their visa. Our immigration team at Chua Tan Associates, including Kin Wee Chua and Chit Thian Chua, Law Institute of Victoria Accredited Specialists in Immigration Law, can advise alongside the criminal lawyer, so that documents prepared for court also serve any later visa process.
How we can help
Kin Wee Chua is a notary public in Melbourne, and Chua Tan Associates has practised in the Melbourne CBD since 1990. He can notarise documents, certify copies of original records, and prepare documents for an apostille or DFAT authentication. We work in English, Mandarin and Cantonese. If you are dealing with a criminal case, speak to the lawyer running it first about what documents are needed, then book a notary appointment.
This article is general information about Australian and Victorian procedures as at October 2026. It is not legal advice about your situation. Requirements of overseas authorities change, so always confirm with the receiving authority.
