Guest of Honour at The Australian and New Zealand College of Notaries Inaugural Conference Dinner

Old Parliament House, Canberra

Saturday 25 October 2008

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Acknowledgements

Other Acknowledgements

Introduction

  1. It is a great pleasure to be here tonight, on behalf of the Rudd Government, to address the Australian and New Zealand College of Notaries. 
  2. I understand this is your inaugural conference.  And while the College may be relatively young, the principles and practices that guide it are ancient and honourable.
  3. Notaries were active in ancient Rome – working in market places as scribes documenting commercial transactions and witnessing private matters.
  4. And during the medieval age, the crucial role of the notary in trading arrangements laid the foundations for the capital growth of the modern nation-state.
  5. Your College’s Latin motto – Scientia et Probitas – ‘Knowledge and Honesty’ – makes clear your organisation’s intent.
    You are a learned body that seeks to maintain first-order standards for notarial education and practice.

Private International Law

  1. And you discharge your duties in a very important field.
  2. Reliability and authenticity are at the core of our legal system.  They underpin its integrity.
  3. This integrity - and these principles - are most important where our legal system interacts with those of other countries.
  4. In virtually every country, public documents - birth, marriage and death certificates, patents, court rulings and academic diplomas - are admitted into evidence by domestic courts and tribunals.
  5. When it comes to international transactions, notaries have a unique and internationally-recognised power to notarise private documents, so they can be used in countries other than that in which they were produced.
  6. This task is crucial in ensuring the exchange of reliable and authentic legal documents between legal systems.
    And for upholding courtesy and respect between nations.

Hague Conference on Private International Law

  1. May I congratulate the College, just a little over twelve months out from its foundation, on being granted observer status to the Hague Conference on Private International Law.
  2. I have a special interest in the work of the Hague Conference, and in its aim of ensuring that nations enjoy a high degree of legal certainty despite the differences between our legal systems.
  3. This important work benefits Australian citizens.  It puts in place simple arrangements that avoid the unnecessary complexities presented by trans-national litigation.
  4. Australia is a longstanding and active member of the Hague Conference. 
  5. And I look forward to the College taking an active role in this work, and enhancing the pool of knowledge available to the Hague Conference.

Apostille Convention

  1. The most widely accepted of the Conventions negotiated through the Hague Conference is the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. 
    That is, the requirement to conform legal authenticity of a public document.
  2. Many of you would know this as the Apostille (a pos-teel) Convention.
  3. It facilitates the circulation of public documents -including notarial acts - between States which are party to the Convention.
    It avoids the complex and expensive formalities producing evidence about the legal forms and process that resulted in the creation of the document.
    It replaces that potentially complicated process with a single Apostille stamp or certificate.
  4. Prior to Australia’s adoption of the Convention, a public document had to undergo the complex process to which I referred.  Indeed, the process of legalisation often involved using several diplomatic channels.
  5. Under the Convention, the simplified process requires only the issue of an Apostille by the Department of Foreign Affairs and Trade.
  6. In the past financial year, DFAT has issued almost 40,000 Apostilles.
    A staggering number by anyone’s estimation.

E-Apostille Pilot Program

  1. But in a quest for even greater efficiencies in trans-national legal arrangements, in 2006 the Hague Conference and the US National Notary Association launched an electronic Apostille Pilot Program.
  2. The Program replaces the paper-based model with an electronic system that seeks to further streamline the operation of the Apostille Convention.
  3. It aims to provide a level of security that exceeds the standards of a paper environment without compromising the reliability and authenticity of documentation.
  4. International access to an online e-Register has the potential to improve service delivery in this area.
    And we recognise that an electronic environment may also reduce the risk of fraud.
  5. At this point in time, only a small handful of jurisdictions have launched e-Registers to allow people to verify the authenticity of their Apostilles.
  6. The Government supports this pilot program in principle and will be looking at how we can participate.
  7. But we also understand the important international ramifications of this program, especially its impact on notaries and third parties who rely on this process.
  8. We recognise the need to support efficiencies for business operations in the global economy.
  9. We also know that when embarking on these missions to streamline commercial activity, one cannot underestimate the importance of the human element.

United Nations Convention on the Use of Electronic Communications in International Contracts

  1. One project that I am working on that has similar aspirations is our proposal to accede to the United Nations Convention on the Use of Electronic Communications in International Contracts.
  2. The Convention brings together rules governing contract formation in an electronic environment – for example, rules governing the use of automated message systems in contract formation, or the right of withdrawal when someone makes an error in an electronic communication.
  3. And I have been working with my State and Territory colleagues through the Standing Committee of Attorneys-General (SCAG) on the proposal to become a party to this Convention.  
  4. Australia’s domestic economy is well and truly interconnected with the global economy.
  5. Given our geographical isolation, it is in our interests to exploit the ease of interaction that electronic transactions permit.
  6. In that context, Australia’s legal framework is as crucial to the way we conduct business as our shipping lanes and air cargo routes.
  7. Clearly, we want to maximise the potential of technology to promote international legal and business engagement. And to do so we must remove possible legal obstacles and uncertainty.
  8. Some years ago, jurisdictions around Australia passed legislation to facilitate electronic transactions.
  9. I firmly believe Australia should be in a position to say to the world that our laws on e-commerce reflect internationally recognised legal standards – to facilitate cross-border online business and international trade transactions.
  10. We are consulting on proposed amendments to our electronic transactions laws to bring Australia into line with these new international standards.
  11. This demonstrates a renewed commitment on the part of all Australian governments to ensure we have a legal framework that supports not just a seamless national economy – but also one that ensures Australia can make the most of the opportunities presented by globalisation.
  12. And the aims of the e-Apostille Pilot Program appear to me to be consistent with this approach.

Harmonisation of Statutory Declarations

  1. Another project I’m working on through SCAG that may be of interest to the College’s membership is the harmonisation of statutory declarations.
  2. We all know that statutory declarations are a key feature of Australia’s legal system.
  3. At present, statutory declarations legislation differs across jurisdictions.
    The differences include:
    • the forms used;
    • the persons authorised to witness the declarations; and
    • the offence and penalty provisions relating to false declarations.
  4. Not surprisingly, these variations can promote confusion.  And they can inconvenience organisations, businesses, government departments and the wider community.
  5. I want to improve this situation by working with my State and Territory counterparts to achieve a national approach.
  6. We are working on developing a uniform statutory declaration form that can be used in every jurisdiction. And we also want to develop a consistent approach to witnessing.
  7. While more work is needed on these issues, what we want to do is reduce regulatory burden and increase the user-friendliness of each jurisdiction’s regulatory scheme.
  8. Hopefully some progress will be made when I meet my State and Territory counterparts early next month in Brisbane.

Conclusion

  1. In conclusion, the Rudd Government is committed to ensuring that only the highest standards underpin Australia’s legal system.
  2. We will ensure that our domestic laws are sound, operating effectively and that they are accessible to all.
  3. And we will also ensure that Australia’s legal system is able to operate effectively in an international context.
  4. I know from my own experience as a lawyer that notaries attend at some of the most significant moments for individuals, business and government.
  5. This demand of notaries – competence, diligence, a keen eye and mind, tenacity, and the ability to form and maintain solid relationships in practice.
    These qualities underpin the success of notarial endeavour.
  6. I congratulate Professor Zablud, the Board of Governors and all those who have been instrumental in establishing collaboration and understanding between Australian and New Zealand practitioners.
  7. I look forward to watching the College grow in stature as it develops its educational programs and professional support for members.
    It seems to me that you have already set a high benchmark for the future.

ENDS