Policy regarding the use of interpreters and the provision of funded interpreters

Purpose

1. The Industrial Relations Commission of NSW (Commission) is committed to ensuring equitable access to justice to all parties.  This policy outlines the use of interpreters in the Commission, as well as when the Commission will fund interpreters. 

Arranging your own interpreter

2. Any person can arrange to have their own interpreter in proceedings at their own cost.

3. Interpreters can be arranged with Multicultural NSW through their website https://multicultural.nsw.gov.au/face-to-face-interpreting/, with the National Accreditation Authority for Translators and Interpreters (NAATI) at https://www.naati.com.au/online-directory/ or through any accredited independent interpreting service. 

4. Unless leave is granted to you, interpreters for hearings before the Industrial Court and the Industrial Relations Commission must have at least a level 3 accreditation from NAATI.  While preferred, this is not a requirement for conciliation conferences and directions hearings. 

Funded interpreters

5. The right to a funded interpreter will depend on the nature of the proceedings.

6. In determining whether a request for an interpreter should be made, legal practitioners and other representatives should have regard to the four-part test for determining the need for an interpreter as outlined in Annexure 4 of the Recommended National Standards published by the Judicial Council on Cultural Diversity. 

Criminal proceedings

7. In criminal proceedings, parties and witnesses have a right to receive a funded interpreter if the Court is satisfied that the accused or witness cannot understand and speak English sufficiently to enable the accused or witness:

a to understand and participate in the proceedings; or

b) to understand, and to make adequate reply to, questions that may be put.

Federal proceedings

8. The Commission is unfortunately unable to fund an interpreter in:

a) Federal underpayment claims.

b) Other Fair Work Act (2009) (Cth) matters.

Other civil proceedings

9. In civil proceedings, parties have no right to receive a funded interpreter.

10. The Commission will provide a funded interpreter in non-federal civil proceedings for the whole of a hearing where the party to the proceedings (being an applicant/appellant or respondent):

a)       requires an interpreter in order to understand or communicate in English; or

b)       has a hearing impairment and uses sign language (Auslan).

11. The Commission will provide a funded interpreter for a part of a hearing in non-federal civil proceedings where a party is seeking to call evidence from a witness who requires an interpreter, and provides evidence to satisfy the Commission that:

a) they are unable to fund the costs of the interpreter and cannot otherwise provide a suitable person to interpret, whether or not accredited; and

b) they would suffer significant prejudice if the witness was not provided with an interpreter; and

c) it is in the interests of justice that an interpreter be provided to the witness.

12. In all other circumstances, the provision of an interpreter for civil proceedings will be the responsibility of the parties. 

How funded interpreters are booked and provided
 

13. Parties are expected to raise the need for an interpreter, and the language (and, where applicable, dialect) of the required interpreter, at the earliest point possible in proceedings, which may include at the time of filing proceedings.

14. When a matter is listed for hearing, parties should draw the need for an interpreter to the Commission’s attention.

15. Parties seeking for the Commission to fund the costs of an interpreter are to send the completed ‘Application for the Commission to provide an interpreter in Civil Proceedings’ along with all supporting evidence, to IRC.Registry@courts.nsw.gov.au for consideration by the Registrar.

16. The Registrar may, in their discretion, list a matter before the Commission to determine whether or not to approve the funding of an interpreter.

17. In exercising that discretion the Registrar will have regard to the circumstances of the matter, the 4-part test, referred to above at paragraph 6, as well the fundamental duty to ensure that proceedings are conducted fairly and in accordance with the applicable principles of procedural fairness.
 

Justice Taylor
President
13 May 2025 (First issue date)