Supreme Court Rules 1987

(1) Subject to rule 96.05(4) and subrule (4), a person must not act as an interpreter unless the person:

(a) is currently certified, registered or recognised as an interpreter for the other language by a recognised agency or otherwise satisfy 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) swears or affirms to interpret accurately to the best of the person's ability.

(2) A person must not act as an interpreter if the person:

(a) is, or is likely to become, a party to, or a witness in, the proceeding or proposed proceeding; or

(b) has a close personal relationship with:

(i) a party or a member of the party's family; or

(ii) a witness or potential witness; or

(c) has or may have a financial or other interest of any kind in the outcome of the proceeding or proposed proceeding, other than an entitlement to a reasonable fee for the services provided as an 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 the code of conduct for any reason including, but not limited to, personal or religious beliefs or cultural or other circumstances.

(3) A person acting as an interpreter must:

(a) cease to do so if the person becomes aware of any of the disqualifying matters referred to in subrule (2) during a hearing; and

(b) immediately disclose the matter to the Court.

(4) In exceptional circumstances or if all reasonable efforts have failed to identify a person who satisfies the requirements of subrules (1) and (2), the

Court may grant permission for any person (whether or not related or known to a party or witness) to act as an interpreter under this

Chapter even if the person does not satisfy one or more of the requirements of those subrules, if:

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

(b) the person swears or affirms 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) owes a paramount duty to the Court to be impartial and accurate to the best of the person's ability; and

(ii) is not the agent, assistant or advocate of the party or the witness; 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.