New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.59

31.59 Who may act as an interpreter

(1) A person must not act as an interpreter in proceedings or proposed proceedings unless the person--

(a) is currently an accredited interpreter for the other language concerned or otherwise satisfies the court that the person is qualified to act as an interpreter, and

(b) has read and agreed to comply with the code of conduct, and

(c) takes an oath or makes an affirmation to interpret accurately to the best of the person's ability.

(2) Also, a person must not act as an interpreter if the person--

(a) is or may become a party to, or a witness in, the proceedings or proposed proceedings (other than as the interpreter), or

(b) is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness, or

(c) has or may have a financial or other interest of any other kind in the outcome of the proceedings or proposed proceedings (other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the person's engagement or appointment), or

(d) is or may be unable to fulfil the person's duty of accuracy or impartiality under rule 31.60 for any reason including, without limitation, personal or religious beliefs, or cultural or other circumstances.

(3) A person acting as an interpreter must--

(a) cease to act as an interpreter if the person becomes aware during a hearing of a matter referred to in subrule (2), and

(b) immediately disclose the matter to the court.

(4) The court may, where it is in the interests of justice, grant leave for a person to act as an interpreter despite not complying with the requirements under subrules (1)-(3), if (to the extent practicable)--

(a) the court is satisfied that, because of the person's specialised knowledge based on the person's training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the court considers satisfactory in all the circumstances from the other language into English and from English into the other language, and

(b) the person takes an oath or makes an affirmation to interpret accurately to the best of the person's ability, and

(c) the court is satisfied that the person understands and accepts that, in acting as an interpreter, the person--

(i) is not the agent, assistant or advocate of the witness or the party for which the person is to act as an interpreter, and

(ii) owes a paramount duty to the court to be impartial and accurate to the best of the person's ability, and

(d) the court directs that the evidence and interpretation be sound recorded for spoken languages and video recorded for sign languages, and

(e) the person is over the age of 18 years.

(5) Subrules (1)-(3) are subject to subrule (4).