Another week, increasing infections and the possible extension to restrictions in Sydney

If you're to ask us whether the restrictions will be lifted on 28 August 2021 as previously announced by the NSW Government, we'll honestly tell you that we don't think they will be (or should be) considering the increasing number of reported cases of infection.

Basically, this means we must be prepared for the current arrangement to continue.

No witnessing

At the moment, we have suspended our witnessing services simply because you cannot come to our office. Witnessing requires you to be here, in person, and physically sign your document in our presence. We must see you sign and we must identify you before we can also sign as your witness and notarise or attest your document to confirm that it was signed by you and that we witnessed you sign. That's a pretty simple exercise under normal circumstances, but not possible with the current restrictions.

Alternatives to physical signing and witnessing

If you're looking for an alternative to a face-to-face appointment, you need to speak to your lawyer overseas to see whether they'll accept your document being signed in any other way (ie, digital signatures) without it being notarised in Australia. Otherwise, we can't offer an alternative to the traditional process of signing, witnessing and notarising.

In New South Wales, and for documents used here (in NSW and potentially in other parts of Australia), the NSW government introduced legislation that recognises electronic signing and electronic witnessing of documents. This legislation was introduced last year (2020) and has been extended to deal with the current situation. However, this applies to documents used here only. It doesn't apply to notary public services and doesn't apply to documents intended to be used in India. For the requirements of your document to be used in India, you need to ask your lawyer in India as it must comply with the laws in India (and for each specific state etc) not New South Wales.

For all other documents not requiring witnessing...

For all other documents not requiring witnessing, such as certifying or attesting copies of documents, these notary public services are still continuing as they have been over the last few weeks.

If you need a certified copy of your document to be attested or notarised (ie, passports or Australian birth certificates etc), we can:

• Arrange for a same-day courier to collect your original documents from you and deliver them to our office
• Copy your original documents and notarise them
• Arrange for a same-day courier to return your original documents and notarised copies to you

This service will continue even after the restrictions have been lifted for clients who wish to take advantage of this service to avoid the time, hassle and potential risks of visiting our office during the pandemic.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Declaring that you're the one and the same person

How do you prove that you're the one and the same person?

There are various reasons why you need to be able to prove that you're the one and the same person, especially when it comes to dealing with VFS. In this article, we address the two main requests that we receive from clients - namely, Form J and the IDLV process.

Form J - Statutory Declaration for Change of Appearance

For some people, they've changed their appearance and therefore VFS requires them to file Form J. For example, if you've grown/cut your hair, if you previously wore a turban, if you were a child but now are an adult, or you've had an accident or surgery that changes your appearance.

Previously, Form J could be signed in front of a justice of the peace however, after recent changes (in 2020) that's no longer the case. Even though the form hasn't changed and it still refers to a justice of the peace, if you live in New South Wales, you must declare and sign this form in front of a notary public. The notary public must notarise your form before you can submit it to VFS. If you're not sure about what to do with the form or how it should be signed, please visit the VFS website or contact them for more information.

We assist many clients by taking their declaration (that they have changed their appearance), witnessing them sign the form and notarising the form. Unfortunately (as of August 2021) we've had to suspend this service due to the current restrictions and stay-at-home orders from the NSW Government, but as soon as these restrictions have been lifted we intend to resume these services.

IDLV - Indian Drivers Licence Verification

If you want to convert your Indian drivers licence to a NSW drivers licence and you want to have your past driving history recognised here (so that you don't have to start again with a learners licence), you may need to follow the IDLV process from VFS.

If your name on your passport and your Indian drivers licence aren't identical, your application must also include an affidavit declaring that you're the one and the same person which needs to be signed in front of a notary public and include an apostille stamp from the Department of Foreign Affairs and Trade (DFAT). Again, this is a process that we assist many clients with because there's always been a requirement for notarisation.

If you need help with this process, then as part of our IDLV service offering, we prepare:

• the IDLV affidavit in which you declare that you're the one and the same person
• a notary certificate in which we declare that you appear to be the one and the same person, and
• certified and notarised copies of your Indian passport and Indian drivers licence.

After your documents have been notarised and bound together, we then arrange for the apostille stamp from DFAT. As Australia and India are both members of the Apostille Convention, the apostille stamp is the formal recognition between both countries that the document has been properly notarised and will be accepted by the other without any additional authentication or legalisation.

Again, unfortunately, due to the current restrictions and stay-at-home orders from the NSW Government, we've also had to suspend these services until these restrictions have been lifted. If you're intending to submit the IDLV application to VFS, there are other things that you'll still need to do and prepare for before we can assist you. so please review the checklist first.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

No face-to-face appointments until the restrictions have been lifted

Like everyone else, we're also affected by the restrictions that have been imposed across Sydney. Since the end of June, we have suspended a large portion of our notary public services that require face-to-face appointments. We know it's an inconvenience to many of our clients, especially those who have urgent matters that require documents to be signed, witnessed, and notarised - but we don't make this decision lightly as it also comes at a substantial financial cost to us.

While we appreciate the continued interest and support from people enquiring with our office for assistance, we are also saddened and disappointed at the level of anger and argument that has been directed at us for complying with the current restrictions and 'stay-at-home' orders. To those people, just because we can't help you right now, we're not the cause of your problem or the reason for your predicament. Stop blaming us.

Many clients continue to benefit from our service IF they don't require face-to-face appointments. In those cases, they've accepted our offer to arrange for couriers to collect and deliver their important documents. However, for everyone else especially those who need face-to-face appointments, we apologise. We cannot assist you until the restrictions have been lifted.

The current restrictions are difficult for everyone. We understand. We also ask for understanding in return.

Same-Day Courier and Notary Public Services for clients across Sydney

Finding practical solutions during the restrictions in Sydney

The current restrictions and 'stay at home' orders in Greater Sydney will continue for the remainder of the month. This means that for many people who thought they could wait until our office reopens will now have to consider other alternatives to notarise their documents. Our office will remain closed to the public for face-to-face appointments until the restrictions have been lifted after 28 August 2021 (unless extended).

Despite being closed to the public for face-to-face appointments, we have continued to provide notary public services to the Indian community in a limited capacity.

No witnessing

Due to the restrictions, we aren't able to offer witnessing services. Witnessing services requires you to visit our office in person which you cannot do because of the 'stay at home' orders. Accordingly, this means we cannot notarise documents such as the general power of attorney, special power of attorney or other forms and declarations. You need to sign these documents in person and in our office, and so you'll have to wait until the restrictions have been lifted and our office reopens.

Certifying and attesting copies of document continuing

As for documents that don't require witnessing, we can still assist by notarising those depending on what you require. For example, we're still attesting, certifying and notarising copies of original public documents like passports, Australian birth certificates, Australian marriage certificates or Australian drivers licences. In all cases, this requires us to have the original document and that's where we engage same-day courier services to collect the original document from you and return it to you (with the notarised copies) once it's been completed.

Same day courier service

Some of you have already taken up our offer of including same-day courier services with our notary public services and, despite the occasional hiccup, we think it's working well. Those who have taken advantage of this service have benefited from having their documents notarised and returned to them with minimal hassle and fuss. Although it's more expensive than just notarisation, there are certainly benefits of using the same-day courier as it avoids the effort, time and expense of travelling to our office and that's a blessing that some people can appreciate.

Of course, we admit not everything is perfect and there have been some challenges in using a courier service especially during these restrictions. But please understand that the courier services are actually under higher demand than usual since many people are complying with the 'stay at home' orders and are now relying on these courier services as well.

So if you're in urgent need of notary public services, and you need copies of original documents (such as passports, drivers licences, VEVO/Visa documents) to be attested, certified and notarised, then this is the only available solution at this time.

... or wait

For everyone else, there's still the option of waiting until after the restrictions have been lifted. Assuming the situation in Sydney improves, then we expect the restrictions should be lifted by the end of August 2021. However, please don't ask us when the restrictions will be lifted. We know as much as you know and that's all dependent on government announcements. If you're able to wait, then wait. We'll still be offering notary public services and we can attend to your requirements at that time, otherwise if you urgently need to have your documents certified, attested and notarised and you want to do it now - please take advantage of our current service offering including the same-day courier service.