Australian National Standards for Working with Interpreters in Courts and Tribunals
The Law Council of Australia provided a submission to the Judicial Council on Cultural Diversity’s (JCCD) in response to draft Australian National Standards for Working with Interpreters in Courts and Tribunals (draft National Standards).
The Law Council supports, in principle, the establishment of minimum national standards for working with interpreters in courts and tribunals, subject to courts and tribunals having capacity to comply. The development of minimum standards would assist in ensuring procedural fairness for people with limited or no English proficiency.
The Law Council also supports the Model Rules and Model Practice Note to give effect to the draft National Standards, noting their ability to be adopted and adapted by courts and tribunals to suit needs and resources. The tiered approach to minimum standards in section 6 of the Supplementary Materials is also supported.
The focus of this submission is on the challenges in the provision of adequate interpreting services in courts and tribunals, particularly in regard to Aboriginal parties to proceedings, and whether the draft National Standards address those concerns. Challenges relating to alternative dispute resolution processes (ADR) and the relationship between Departmental interpreters and court and tribunal interpreters are also discussed.
Last Updated on 20/07/2023