Auslan Interpreters: Information for the Legal System of Australia

Dealing with Deaf Individuals in the Court System of Australia

Australian Sign Language (Auslan) interpreters, accredited by NAATI, (National Accreditation Authority for Translators and Interpreters) facilitate access to communication between deaf individuals and legal professionals in the court system of Australia. In addition, an Auslan interpreter can work in tandem with a Deaf Relay interpreter to enhance the accuracy of communication in legal settings for deaf people with specific language difficulties, intellectual or mental disabilities or cultural differences.

Auslan is the recognised community language of the Australian Deaf Community, a minority community of people who share a language and identity that is based on their shared experiences of living with deafness in a hearing world. The Disability Discrimination Act of Australia provides for all deaf people to have the right to an Auslan interpreter to access any part of the legal system.

Not all deaf people use Auslan as their preferred method of communication.

• A deaf person may use Australian Sign language (Auslan) which is the recognised language of the Australian Deaf Community.
  
• Some deaf individuals make use of their residual hearing, hearing-aids, speech and lipreading.
  
• Other deaf individuals may use a range of non-standard communication methods that include family signs, or signs from a particular age group, region or ethnic community.
  
• Others may rely on a system of communication based on their educational background such as Signed English, which involves contrived signs that bear no relation to Auslan, the community language.
  
• Aboriginal and Torres Strait Islander deaf people may use a variant of Auslan that is unique to their community or a sign system that is unique and community-based.
  
• In addition, sign language users with a physical or mental illness, or a cognitive disability may also present with specific linguistic challenges.
  

All of these individuals have specific communication difficulties that need a NAATI accredited Auslan interpreter, or a Deaf Relay interpreter, who has specialised training in one or all of these different communication methods.

• The ability to converse in written or spoken English does not necessarily indicate that a person comprehends the style of English spoken by magistrates, lawyers, police officers etc. or that the person understands written English. An accredited and experienced Auslan interpreter who has training in English and Auslan is crucial for most deaf people in all court appearances.
  
• The court may need to recognise that in regard to some deaf defendants, the issue of linguistic & legal incompetence to stand trial may be of concern. Put simply, these clients may be denied the justice others routinely receive because they lack the capacity to understand what transpires in legal settings and court.  To assist the process, the client may need to be assessed and then given the opportunity to develop linguistic and conceptual competency in basic legal sign language and procedures.  Proceedings may need to be adjourned, to provide the client with training in basic legal terminology and sign language equivalents, and instruction in the applicable elements of legal procedures.[1]  
  
• The court may need to acknowledge and allow for consecutive rather than simultaneous interpreting. (Consecutive interpreting occurs when the interpreter delivers the message in the other language after the speaker has finished speaking. Simultaneous interpreting allows the interpreter to begin delivering the message in the other language at the same time as the speaker continues to speak in the first language. There will be some time lag in the delivery). Interpreters may prefer to wait for the court speaker to say a few sentences, then pause, to allow the information to be interpreted accurately into sign language. This affords the interpreter more time to explain, define words, give examples, draw pictures or even mime or act out situations for clients with minimal language skills.
  
• Family members and friends are never appropriate interpreters in legal settings. The whole interpreting process may be undermined due to lack of competence, bias, or personal interest of the family member or friend. Appropriately trained and accredited Auslan and Deaf Relay interpreters will adhere to the Code of Ethics and the quality of the interpreting process is assured.

The court may need to appoint a "responsible adult" such as a community legal worker who has basic knowledge of the law and deafness and can ensure that the client's rights are protected. The Deaf Society in each state of Australia can be contacted for further information and assistance on the use of Auslan or Deaf Relay interpreters, and for booking interpreters.

Created for ASLIA National by Meredith Bartlett, 2006