New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.62

31.62 Interpreted evidence

(1) Unless the court otherwise orders, a party seeking to read a translated affidavit or statement of a witness who requires an interpreter is not entitled to rely on the affidavit or statement unless it includes a certification in the approved form by an accredited interpreter for the other language concerned, or such an accredited interpreter separately verifies by affidavit in the approved form, to the following effect--

(a) before sight translating the affidavit or statement to the witness, the interpreter--

(i) had read the code of conduct and agreed to be bound by it, and

(ii) had been given an adequate opportunity to prepare to sight translate the affidavit or statement,

(b) the interpreter sight translated the entire affidavit or statement to the witness and the witness then--

(i) informed the person responsible for the preparation of the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement, and

(ii) swore or affirmed the affidavit or signed the statement in the presence of the interpreter.

(2) Unless the court otherwise orders, the interpreter referred to in subrule (1) may, but is not required to, be the interpreter who acts as the interpreter for that witness in any hearing in the proceedings.

(3) The court may at any time, either of its own motion or on the application of a party, request an interpreter to correct, clarify, qualify or explain the interpreter's interpretation of the evidence or sight translation of a document.