The word Notary comes from the Latin word Notarius which was the word used to describe a high ranking government official. They were usually scribes or what we would today designate as a Registrar

In the Middle Ages (1279 AD) the practice of authentication of international documents was adopted by the Pope who in turn appointed the Archbishop of Canterbury to designate Notaries to undertake the task. The position was usually filled by Senior Clergy and their validation or authentication of Official documents was accepted for trade and commerce.
With the separation of the English Church from Rome Henry VIII appointed the Archbishop of Canterbury to assume the role of Notarial appointments. This power of appointment has now been vested in a Court of Faculties under the control of a Master. The Master still derives his power from the Archbishop of Canterbury.

Different Countries of the Commonwealth have adopted different methods of appointment and in all other States in Australia Notaries are appointed by statutory power. In Queensland Notaries are still appointed by the Archbishop of Canterbury through the Court of Faculties.

To be appointed as a Qld Notary an applicant must be a solicitor of at least ten years standing. Application is made to the Court of Faculties in London and must include amongst other things :

• references from two qualified Notaries;
• references from 20 local business people;
• a certificate of the Registrar of the Supreme Court of Queensland that the applicant is on the Registrar of Solicitors; and
• a certificate of the Chief Justice of the Supreme Court of Queensland that the applicant would constitute a proper       appointment.
• A review of this application is then conducted by the Secretary of the Society of Notaries Queensland, upon which a letter will be issued by the Society to the Court of Faculties London, confirming its support of the application.

The original documents are then filed in the Court of Faculties, London and the application is considered by the Master of Faculties, who is a judge of the High Court in England. If the applicant is successful, the faculty will be sealed by the Archbishop of Canterbury and returned to the applicant for completion.

The applicant is required to take an oath of loyalty to the Crown in front of either a Judge of the Supreme or District Courts of Queensland or a Bishop of the Church.

Once complete, the original faculty will be returned to London for filing in the Court of Faculties. A sample of the notary’s signature and seal will be retained by the Queensland Society of Notaries for entry into the Register of notaries. A second sample will be forwarded to the Department of Foreign Affairs and Trade.

The office of notary public is a lifelong appointment.

In Queensland the functions of a notary public have not been defined by statute or instrument. The foundation of their duties has developed as a result of a blend of law and custom.

Notaries public are responsible for the following functions:

• Witnessing affidavits, statutory declarations, powers of attorney, contracts, international Wills and other documents for use in Australia and internationally;
• Certification of copy documents for use in Australia and internationally;
• Certification of University testamurs and other educational documents;
• Certification of original documents for production overseas;
• Preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use internationally;
• Preparation of Life Certificates – identification of a person and a statement that they are alive;
• Administering of oaths for use in Australia and internationally;
• Exemplification of official documents for use internationally;
• Preparation of ships’ protests;
• Noting and protesting of bills of exchange; and
• Preparation of International Wills

In 1961 The Hague Convention established a method of validation of public documents executed in a member State to the Convention and to be produced in another signatory State. This process is achieved by means of a Notarial apostille or certificate of authenticity being affixed and sealed by the Notary.
Often authentication will also have to be obtained from the Department of Foreign Affairs and Trade and Australian Embassies, High Commissions, Consulates and/or Consulate-General’s offices.

Myles Murphy, the principal of the LawStore group of Practices was appointed as a Notary Public in 1998.