Non-English speakers
This file last saved
12 August, 2019 14:39
communicating with those from culturally and linguistic diverse backgrounds
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An inability to communicate can be the greatest form of isolation for people from CALD backgrounds. They may have limited awareness of
relevant legislation, laws, regulations, processes and social norms.
determining the need for an interpreter
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To ascertain whether an interpreter may be needed, ask open-ended questions, avoiding those which may be
answered with 'yes' or 'no'.
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The Queensland Interpreter's Card (QIC) can be used by those who have difficulty speaking English to inform
that they require an interprete and identifies the other required language. Multicultural Affairs
Queensland distributes the cards.
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If, in the course of the witnessing process, the client specifically requests an interpreter either orally
or in writing, or you determine that the deponent is having difficulty with understanding the language, you
should contact JP Branch on 1300 301 147 for further assistance.
use of qualified interpreters recommended
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The Queensland government's Language Services Policy (2014) and Language Services Guidelines
(2014) recommends that a National Accreditation Authority for Translators and Interpreters (NATI)
accredited interpreter be used.
family or friends should not be used
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Family members or friends should not be used in order to protect privacy, avoid conflicts of interest,
prevent embarrassment and ensure accuracy. Some legislation prevents the person interpreting from being
a party to the document or related to the signatory. These include documents under the Powers of Attorney
Act 1998 and wills where the interpreter is a beneficiary.
when qualified interpreters are crucial
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Consistent with the Language Services Policy (2014), qualified interpreters are crucial for people who have difficult
speaking English but must complete the following documents.
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court documents (e.g. affidavits);
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enduring powers of attorney, advance health directives and wills;
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statutory declarations (deponents must be able to understand the document's contents, nature and effects of
the document, and consequences of the warning).
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Using qualified interpreters will help avoid costly mistakes as well as complaints or lititgation that results from
neglecting to provide an interpreter.
considerations concerning interpeters
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telephone vs on-site interpretation/translation.
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Set aside sufficient time for interpretation/translation, including questioning and responses.
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Requires a quiet, comfortable environment with minimal distractions.
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Privacy during the process of interview and signing.
oath of interpreter
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When the involvement of an interpreter is necessary, you should inform them that:
"I am a Justice of the Peace (Qualified) and I have a person with me who wants me to witness
their signature on a document. Because it is a legal document, I will need to ask you as
interpreter to either swear an oath or make an affirmation and then I will need to ask the
person here also to either swear an oath or make an affirmation with your assistance. Would
you prefer to make an oath or an affirmation?"
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Ensure you also advise the interpreter of the type of document the person requires to be witnessed.
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Before you proceed to witness the document, ask the interpreter to take the oath or affirmation in the following words:
Oath of Interpreter
I [....FULLNAME .....] SWEAR BY ALMIGHTY GOD THAT I UNDERSTAND THE LANGUAGE OF THE DEPONENT
AND AM ABLE TO INTERPRET BETWEEN THE DEPONENT AND THE WITNESS TO THIS
STATEMENT AND ALL PERSONS SPEAKING THE ENGLISH LANGUAGE, AND I SHALL,
TO THE BEST OF MY SKILL AND ABILITY, TRULY AND FAITHFULLY TRANSLATE
FROM THE [LANGUAGE OF SIGNATORY] LANGUAGE INTO THE ENGLISH LANGUAGE,
AND FROM THE ENGLISH LANGUAGE INTO THE [LANGUAGE OF SIGNATORY] LANGUAGE,
SO HELP ME GOD.
Affirmation of Interpreter
I [....FULLNAME .....] SOLEMNLY, SINCERELY AND TRULY DECLARE AND AFFIRM THAT I UNDERSTAND
THE LANGUAGE OF THE DEPONENT AND AM ABLE TO INTERPRET BETWEEN THE DEPONENT
AND THE WITNESS TO THIS STATEMENT AND ALL PERSONS SPEAKING THE ENGLISH
LANGUAGE, AND I SHALL, TO THE BEST OF MY SKILL AND ABILITY, TRULY AND
FAITHFULLY TRANSLATE FROM THE [LANGUAGE OF SIGNATORY] LANGUAGE INTO THE
ENGLISH LANGUAGE, AND FROM THE ENGLISH LANGUAGE INTO THE [LANGUAGE OF
SIGNATORY] LANGUAGE.
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Once the interpreter is sworn or affirmed, proceed with the document in the normal manner.
logbook entries
- Your logbook should contain the following information:
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date;
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name of the signatory;
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type of document witnessed;
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type of identification sighted;
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location;
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special requirements necessary to ensure compliance with the document;
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questions asked and answers given to clarify the document contents and the signatory's understanding of the document;
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whether the signatory took a declaration, oath or affirmation; and
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reasons for decling to witness - if this was the case.
where can i get further information
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Department of Communities, Child Safety and Disability Services
www.qld.gov.au/multicultural
References
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The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - JUN 2017,
Section 2.6, pps 1 to 3