ByLawyers News and Updates

Interpreters – NSW

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The rules concerning the engagement or appointment of interpreters for civil litigation in NSW courts have been amended.

The Uniform Civil Procedure (Amendment No 92) Rule 2019 provides for new rules. These are based on the Model Rules in Recommended National Standards for Working with Interpreters in Courts and Tribunals prepared by the Judicial Council on Cultural Diversity.

The amendments that commenced on 8 November add Division 3 of Part 31 and Schedule 7A to the Uniform Civil Procedure Rules 2005 (NSW). The new division sets out rules which cover:

  • When an interpreter may be engaged;
  • Who may act as an interpreter; and
  • Functions of interpreters.

Importantly, an interpreter must now adhere to the Court Interpreters’ Code of Conduct, which is set out in Schedule 7A of the UCPR. A copy needs to be given to the interpreter as soon as possible after they have been engaged or appointed.

The By Lawyers Litigation publications for Local, District and Supreme Courts have been updated accordingly. A link to the Code of Conduct is included.

QLD Magistrates Court – Domestic Violence – Interpreters

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The By Lawyers Domestic Violence commentary has been updated to include a section on the Magistrates Court’s power to engage an accredited interpreter where required.

For private domestic and family violence proceedings, where the application indicates that either party requires an interpreter, the registrar will locate and retain an interpreter.

At the first mention, if the Court is satisfied that the interests of justice require an interpreter to be appointed to assist with the comprehension of the proceeding, the Court will order the appointment of an interpreter for further mentions.

In these circumstances, Queensland Courts will bear the cost of the interpreter’s engagement. See Practice Direction No. 6 of 2017.

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