Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
99
Access to free interpreter services at court
That legislation in all jurisdictions should provide that where an Aboriginal defendant appears before a Court and there is doubt as to whether the person has the ability to fully understand proceedings in the English language and is fully able to express himself or herself in the English language, the court be obliged to satisfy itself that the person has that ability. Where there is doubt or reservations as to these matters, proceedings should not continue until a competent interpreter is provided to the person without cost to that person.
Recommendation 99 remains relevant but may only apply in a small number of cases given a relatively small proportion of the Aboriginal population in Victoria report speaking an Aboriginal or Torres Strait Islander language at home. Better reporting on the number of Aboriginal court users accessing interpreting services, and their satisfaction with these services would improve implementation of this recommendation.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 99 was to provide Aboriginal defendants with an interpreter when needed to ensure they can fully comprehend court proceedings conducted in the English language.
Under the Criminal Procedure Act 2009 (Vic), if the court is satisfied that the person does not have knowledge of the English language sufficient to enable their participation in the proceedings, the court must not hear or determine the matter. Victorian courts will arrange an interpreter at no cost for defendants who require one.
While legislative provisions implement this recommendation in relation to criminal proceedings there are not equivalent provisions for civil and other matters, suggesting court users or their legal representatives must arrange their own interpreters in such cases. We could not find information on whether there is adequate testing of whether interpreter services are needed, whether interpreters are provided to cover various Aboriginal languages, or whether service delivery is adequate.
Recommendation 99 remains relevant but may only apply in a small number of cases given a relatively small proportion of the Aboriginal population in Victoria report speaking an Aboriginal or Torres Strait Islander language at home. Better reporting on the number of Aboriginal court users accessing interpreting services, and their satisfaction with these services would improve implementation of this recommendation.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Better reporting on Aboriginal court users accessing interpreting services
Better reporting on the number of Aboriginal court users accessing interpreting services, and their satisfaction with these services would improve implementation of this recommendation.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) emphasised the importance of making court processes less intimidating for Aboriginal people and providing interpreters whenever necessary. It highlighted a common misconception that conversational English proficiency is sufficient, noting that the formal and often complex language used in court can be confusing and alienating, especially under the stress of legal proceedings.
Actions Taken Since Last Review
Magistrates’ Court of Victoria
The Magistrates’ Court of Victoria provides information noting that interpreting services can assist people who don’t speak or understand English well or have a hearing and/or speech impairment. The Magistrates’ Court can arrange an interpreter for an accused person charged with an offence, an applicant or respondent in a family violence intervention order matter, or an applicant in a Victims of Crime Assistance Tribunal matter.
The Magistrates’ Court does not make arrangements for an interpreter to attend or are responsible for the costs of any service if a person is involved in a civil matter, involved in a personal safety intervention order matter, or making any application or appearing at court for any application under the Road Safety Act 1986, such as licence eligibility or interlock removal applications. (These provisions do not apply for requests for Auslan interpreting services.)
The Children’s Court of Victoria provides similar information and will arrange an interpreter at no cost for children accused of an offence. Court interpreters must be accredited and repeat the exact words spoken or signed by each person and cannot provide legal advice or give opinions.
Both the Magistrates’ and Children’s Court websites suggested contacting the Translating and Interpreting Service. A search of their website confirmed that Aboriginal languages were not provided through this service. This has recently changed, with court users now directed to the National Accreditation Authority for Translators and Interpreters (NAATI).
National Accreditation Authority for Translators and Interpreters
Since 2012, NAATI has been working with Australian governments and Aboriginal organisations to develop the Aboriginal interpreting industry so it can meet the need that exists for highly skilled Aboriginal language interpreters. The objectives of the project are to:
- increase the number of certified Aboriginal interpreters and examiners
- increase the range of Aboriginal languages for which there are certified interpreters
- increase the accessibility of interpreting resources for Aboriginal interpreters and organisations.
Developing and maintaining a pool of NAATI-certified Aboriginal language interpreters improves the quality and accessibility of interpreting services when they are required. This results in improved communication and engagement, better service delivery and, ultimately, Aboriginal and Torres Strait Islander rights being upheld.
At the time of writing, there were 90 NAATI-certified interpreters and translators practising in 23 Aboriginal and Torres Strait Islander languages across Australia. Aboriginal Interpreting Services operated across South Australia, Western Australia, the Northern Territory and Queensland. People living in Victoria were encouraged to contact NAATI for support to connect to an interpreter.
Impact
Outputs
Court Services Victoria Annual Reports
These reports detail Court Services Victoria' progress against their 2020-25 Strategic Plan and commitments to excellence in people, processes, places and infrastructure.
Amounts spent on interpreters and translation services are outlined but no further information is reported.
Outcomes
2021 Census of Population and Housing
In the 2021 Census, 76,978 Aboriginal and Torres Strait Islander people across Australia reported speaking one of 150 different Aboriginal or Torres Strait languages at home. This was 9.5 percent of the Aboriginal and Torres Strait Islander population in Australia.
In Victoria 1,010 people reported speaking an Aboriginal or Torres Strait Islander language at home. This accounted for 1.5 percent of the Aboriginal and Torres Strait Islander population of Victoria (a slight increase from 1.0 percent in previous censuses).
Court Services Victoria
We could not find anu information published by Court Services Victoria on the number of people needing or accessing interpreter services in court for Aboriginal or Torres Strait Islander languages.
Community Views
Victorian Aboriginal Legal Service
The Victorian Aboriginal Legal Service noted occasions where they needed to access interpreter services for their clients included guardianship matters, and where clients had travelled to Victoria for treatment of health issues. Often the interpreters used were not accredited as numbers of accredited interpreters vary depending on the Aboriginal language required.