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.
