When interpreters may be engaged
44A.02 When interpreters may be engaged
If the Court is satisfied that a witness cannot understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put to the witness, the witness may give—
oral evidence in the other language that is interpreted into English by an interpreter in accordance with this Order; or
evidence by an affidavit or a statement in English that has been sight translated to the witness by an interpreter in accordance with Rule 44A.06.
Note
Section 30 of the Evidence Act 2008 provides that a witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put about the fact.
The party calling a witness requiring an interpreter is responsible for engaging an interpreter who meets the standards and requirements under this Order.
In any criminal proceeding, the prosecuting agency is responsible for engaging an interpreter who meets the standards and requirements under this Order.
If the Court is satisfied that a party cannot understand and speak the English language sufficiently to enable the party to understand and participate in the proceeding, the Court may permit the party to use an interpreter who meets the standards and requirements under this Order.
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