Queensland Consolidated Regulations Queensland Consolidated RegulationsThis code of conduct applies to any person (an
"interpreter" ) who, whether or not for fee or any other reward, is engaged or
volunteers to act as an interpreter in a proceeding, or otherwise becomes
involved in acting as an interpreter in a proceeding, by—
(a) interpreting from any spoken or signed language (the
"other language" ) into English and from English into the other language for any person; and
(b) sight translating documents.
In this code of conduct—
"accurate" , in relation to an interpretation, translation or sight
translation, means—
(a) resulting in the optimal and complete transfer of the meaning of the other language into English, and of English into the other language; and
(b) preserving the content and intent of the other language or English (as the case may be) without omission or distortion, including matters the interpreter might consider inappropriate or offensive.
(1) An interpreter has an overriding duty—(a) to be accurate to the best of the interpreter’s ability; and(b) to assist the court impartially.
(2) An interpreter’s paramount duty is to the court and not to any party to, or witness in, the proceeding (including the person engaging or paying the interpreter).
(3) An interpreter is not an agent, assistant or advocate of a party to, or witness in, the proceeding.
An interpreter must comply with any direction of the court.
(1) An interpreter must at all times use their best judgement to be accurate in their interpretation, translation or sight translation.
(2) If an interpreter considers that their interpretation, translation or sight translation is, or could be, in any way inaccurate or incomplete, or that it requires qualification or explanation (including, but not limited to, because the other language is ambiguous or otherwise unclear for any reason)—(a) the interpreter must immediately inform the party who engaged them and provide the necessary correction, qualification or explanation to the party; and(b) if their interpretation, translation or sight translation is being given or was given in court, immediately inform the court and provide the necessary correction, qualification or explanation to the court.
(1) An interpreter must, at all times, act as an interpreter impartially so as to be without bias in favour of or against any person, including, but not limited to—(a) the person whose evidence the interpreter is interpreting; and(b) the party who has engaged, or is paying, the interpreter; and(c) any other party to, or person involved in, the proceeding.
(2) Unless the court orders otherwise, an interpreter must not accept an engagement to act as an interpreter in relation to a proceeding if the interpreter—(a) is or may become a party to, or witness in, the proceeding; or(b) is related to, or has a close personal relationship with—(i) a party to the proceeding or a member of a party’s family; or(ii) a witness or potential witness in the proceeding; or(c) has or may have a financial or other interest of any kind whatsoever in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of their engagement; or(d) is or may be unable to fulfil their duty of accuracy or impartiality for any reason including, for example—(i) personal or religious beliefs; and(ii) cultural or other circumstances.
(3) Other than carrying out their engagement to act as an interpreter, an interpreter must not provide any other assistance, service or advice in relation to the proceeding to any person, including—(a) the party, legal representative or other person who has engaged the interpreter; or(b) any witness or potential witness in the proceeding.
(1) An interpreter must only undertake work they are competent to perform in the languages for which they are qualified by reason of their training, qualifications or experience.
(2) If it becomes apparent in the course of a proceeding that expertise beyond the interpreter’s level of competence is required, the interpreter must—(a) inform the court immediately; and(b) work to resolve the situation by either withdrawing from the proceeding or following another strategy acceptable to the court.
(1) An interpreter must keep confidential all information in any form whatsoever that the interpreter acquires in the course of their engagement to act as an interpreter (including any communication subject to legal professional privilege).
(2) Subrule (1) does not apply to the extent—(a) the disclosure of the information is required by an Act or another law; or(b) the information is in, or comes into, the public domain other than by an act of the interpreter in breach of this duty of confidentiality; or(c) the beneficiary of the legal professional privilege has waived the privilege.