Requirements for interpreting service

When engaging the services of an interpreter, practitioners are reminded to ensure full and appropriate materials are provided at the time they are engaged, including:

• the name of the person for whom the interpreting service is required;
• the nature of the proceeding;
• the particular role required (for example, simultaneous interpreting for an accused or party, consecutive interpreting for a witness, or interpreting between a party and their lawyer, for the purpose of obtaining instructions);
• information about availability of interpreting equipment;
• briefing material, to assist the interpreter with context.

All practitioners and their staff must ensure compliance with their obligations under the Recommended National Standards for Working with Interpreters, which have been adopted in Queensland in both the Uniform Civil Procedure Rules 1999 (rules 429VA to 429VL) and the Criminal Practice Rules 1999 (rules 54AA to 54AL) as well as in the Guideline in relation to Working with Interpreters in Queensland Courts and Tribunals.

Practitioners should be particularly aware of Recommended National Standard 24, adopted in the Guideline, which imposes an obligation on the legal representatives for a party to ensure that interpreters (whether or not engaged by those legal representatives) are appropriately briefed on the nature of the case prior to the commencement of the proceedings.

A substantial brief of documents is not required in every case. However, interpreters and translators do require sufficient information to ensure they can:

• make an informed decision about whether they have a conflict, before agreeing to perform their role as an interpreter;

• make an informed decision about whether, from a personal point of view (whether because of a risk of vicarious trauma or for cultural reasons or any other reason), they are comfortable performing their role as an interpreter;

• understand the factual context in which they are asked to interpret (because this can affect the meaning of language used);

• understand the nature of the proceeding (that is, whether the interpreter is required for a mention, sentence hearing or trial; to interpret for the accused or for a witness);

• be sufficiently prepared for any sight translating or interpreting they will be required to do; and

• be in a position to accurately interpret complex or technical content (such as DNA reports or expert reports, by being provided with a copy of such reports).