7. Certifying documents and validating identity

7.1 What is a certified copy of a document?

A certified copy is a copy (often a photocopy) of an original document that contains an endorsement or certification that it is a true copy of the original. Many legal and administrative processes require documentary evidence to establish identity, residence, qualifications, or other facts.

If it is not practical to provide an original document, organisations will usually accept a copy of the original document if a trusted person certifies that the copy is a true copy of the original.

7.2 Who may certify a copy of a document?

Honorary justices are authorised certifiers under the Oaths and Affirmations Act 2018.¹⁸

Certification of documents by an authorised certifier may be required by a variety of statutes, regulations, rules, or the internal policies or procedures of government departments and private organisations.

Not every document needs to be certified by an authorised certifier. If the certification procedures of an organisation are unclear as to who is authorised to certify a document, the person who is seeking certification of a copy of a document should contact the organisation for clarification about the certification process they should use.

7.3 What constitutes an original document?

An original document is one that you, using your best judgment, determine is an original.¹⁹ An original document can be paperless. For example, cards such as drivers’ licences or documents presented in a digital format, which can be viewed on a screen.

Public documents, that is, copies or extracts of official records or registers issued by the body that creates or holds those official records or registers are not original documents. Examples include land titles issued by Land Victoria, a transcript of academic results issued by the university that awarded them or travel documents issued by the governments of foreign countries.²⁰

Those agencies have their own processes in place to authenticate authorised copies of their own records.

7.4 Process for certifying copies of documents

To certify that a document is a true copy of an original, you must inspect the original to ensure that it is an original document and inspect the copy to ensure that it is identical to the original document.²¹ A person does not have to be the owner of the document to obtain a certified copy.

Identical does not mean of the same size or colour, provided that the use of a different size or colour does not result in the loss of any material information.²²

You then legibly write or stamp, on the copy, the words:

Certified to be a true copy of the original seen by me.

The prescribed words shown above are to be written or stamped on the first page of the certified copy of an original document, unless there is insufficient space on the first page.²³

You must sign and date the copy and legibly write or stamp the copy with your name, title and address.²⁴

It is preferable to use coloured ink so that your signature or stamp does not look like a photocopy.

We will issue you with a stamp that contains your name, your title, and your professional address.

Please avoid writing on, stamping, or marking the original document at all times.

7.5 Certifying a copy of a certified copy

Sometimes an original document will be lost or destroyed but a certified copy of the original is available. To certify a copy of a certified copy of an original document, you must inspect the certified copy of the original document to ensure it appears authentic and inspect the copy of the certified copy to ensure it is identical to the certified copy of the original document.²⁵

You then legibly write or stamp on the copy the words:

Certified to be a true copy of another certified copy seen by me.

The prescribed words shown above are to be written or stamped on the first page of the certified copy of a certified copy of an original document, unless there is insufficient space on the first page.²⁶

You must sign and date the copy and legibly write or stamp the copy with your name, qualification, and your professional address.

7.6 Certifying electronic documents

Usually, an original document will be a hard copy such as a driver’s licence, but you may be asked to certify an electronic document such as a phone bill from a paperless account. Use your best judgement to determine whether the printed document is the same as the electronic original.

If you are uncertain that a copy of an electronic document is authentic you might suggest that the person obtain a hardcopy of the document from the organisation that issued the electronic document.

Alternatively, you could suggest that the person makes a statutory declaration confirming that the copy is a true copy or print-out of an original electronic document.

7.7 Certifying multiple page copies of documents

If the original is a multiple-page document, check every page of the document to satisfy yourself that it is the original or a certified copy of an original document. Then sign or initial each page of the copy and number each page of the copy, for example ‘page 1 of 26’.

You then legibly write or stamp, on the copy, the words:

Certified to be a true copy of the original seen by me.

The prescribed words are to be written or stamped on the first page of the certified copy of the original document, unless there is insufficient space on the first page.²⁷

If there is insufficient space on the first page, it is recommended that certification occurs on the final page.

If possible, it is a good idea to staple multiple pages of a document together.

7.8 Certifying a non-enduring and enduring powers of attorney

Each page other than the last page of the copy must be certified that the copy of that page is a true and complete copy of the corresponding page of the original document:

This is a true and complete copy of the corresponding page of [insert name of original document]

[Stamp of Name, Address and Title of witness]

And:

The last page of the copy must be certified to the effect that the copy of the instrument is a true and complete copy of the original document:

This is a true and complete copy of the last page of

[insert name of original document]

........................ [your signature]

[Stamp of Name, Address and Title of witness]

7.9 Certifying documents in a language other than English

There is nothing to prevent you from certifying a document in a language other than English, if you believe (using your best judgement) that the content of the original document and the copy are actually identical. You do not have to understand a document to be satisfied that it is a true copy.

7.10 Ensuring the authenticity of documents

The definition of original document in the Oaths and Affirmations Act 2018 recognises that a certifier cannot be expected to carry out a forensic examination of the original document. Rather, the expectation is that the certifier will take reasonable steps to assure themselves that the relevant document is an original.

What to look for:

use of covering agents or areas of different tone of white on the page
identity cards with scratching, increased thickness, roughness of surface, raised edges or lack of consistent finish
typographical or grammatical errors in supposedly authentic documents
stains around handwritten areas suggesting that the original information may have been erased and replaced.

7.11 Minor non-compliance does not affect validity

If a mistake is minor, unintended and does not materially affect the nature of what is being certified, the certified copy of the document will be valid despite the mistake.²⁸

7.12 Certification offences

It is an offence to present a document for certification as a true copy of an original document if the person knows it is not a copy of the original document.

You must not certify a copy of a document as a true copy of an original document if you know that the original document is not in fact an original document, or the purported copy is not in fact a true copy.

These offences carry a penalty of 600 penalty units or imprisonment for 5 years or both.

Knowingly making a false or misleading statement about the circumstances in which the certification of a true copy of a document or whether or not a certified true copy of a document was actually made can lead to a criminal charge punishable by a fine of 10 penalty units. Please refer to the full Schedule of Offences in Section 24.4.

7.13 Validating a person’s identity

It is not necessary to ask for identification of the person when witnessing or certifying copies of documents unless there is an explicit requirement for verification of identity.

If you are required to certify that you know the person presenting the document to be the same as the person named in the document, you will need to see proof of identity that has a photograph on it such as a driver’s licence or a passport. You should state the type of identification produced and the identifying number of the proof of identity on the document you witness or certify.

You cannot validate a person’s identity unless:

the person who stands before you is recognisable as the same person shown in the photograph/s.
the person before you has a true likeness to the person in the photograph/s.

You can accept any form of photo identification unless the document requires a particular form of identification. For example, the document may require you to sight a passport or citizenship certificate. If the signatory has no photo identification, and you are not satisfied about their identity, you may refuse to witness or certify the document.

7.13.1 Cultural sensitivity in certifying identity

Certification of identity may present a challenge if the person wears cultural dress which conceals their face, such as a niqab (veil) or burka worn by some women of Islamic faith. It is important that you treat these situations sensitively and respectfully, ensuring that the person’s dignity is preserved. If you are a male, a woman of Islamic faith who is wearing a niqab or burka would generally prefer to see a female JP.

7.14 National criminal history checks

JPs are often asked to witness applications for Nationally Coordinated Criminal History Checks and to verify that photographic identification accompanying the application is a true likeness to the applicant.

The applicant must download a prescribed form. They will need to sign the form in your presence. The form explains the documents that must be produced and contains a section for you to certify that the applicant’s photographic identification is a true likeness and that the proof of identification documents they are providing are true copies of originals that you have sighted.

7.15 The JP stamp

On commencement, you will be supplied with personalised stamps. The general JP stamp will include your name (first and family name), the initial JP, the departmental address, the words Justice of the Peace for Victoria and your JP registration number. Use the stamp for [name, address, and title of witness] endorsements when executing a document in your role as a JP.

Although the Oaths and Affirmations Act 2018 permits handwritten details, we advise that you use the JP stamp provided. Please refer to an example of a general JP stamp below:

John Smith JP
C/O Honorary Justice Services Support
24/121 Exhibition Street
Melbourne 3000
Justice of the Peace for Victoria
Reg No. 1111

7.16 Photo identification badge

We will supply you with a badge containing your photo to assist the public in identifying you as a JP. You may choose to wear your badge when acting as a JP in a shopping centre, community centre or retirement village. It is important to wear your ID if attending a police station for the purposes of performing your duties, so that police officers can confirm your identity as a JP.

7.17 Can I use a printed label or sticker instead of a stamp?

Using stickers for the purpose of including your details on a document is not allowed. You must either write the endorsement words or use a stamp. Your signature on documents must always be handwritten in ink and never on a sticker or label.