Assessor Resource

PSPTIS093
Use complex legal terminology in interpreting (LOTE-English)

Assessment tool

Version 1.0
Issue Date: March 2024


This unit describes the skills required to understand and use complex legal terminology in English and a LOTE sufficient to interpret between the two languages in complex dialogue or monologue settings in specialist legal and policing contexts.

This unit applies to those working as interpreters in a range of complex legal and policing contexts. The interpreter may be required to interact with members of the general public interacting with police, lawyers, the judiciary and court staff.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and industry codes and standards for ethical translating and interpreting adhered to.

Those undertaking this unit would work independently using support resources as required, while performing complex tasks in a range of legal and policing contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify the context of legal terminology

1.1 Identify key features of the legal and judicial system, including key people and structures.

1.2 Describe standard procedures specific to oral communication in formal legal and policing contexts.

1.3 Outline the role and responsibilities of interpreters and others in legal and policing contexts.

1.4 Identify social, cultural and professional conventions of English and LOTE appropriate to legal and judicial contexts.

1.5 Explain the consequences of oral rendition of fixed texts and use of incorrect legal terminology.

2. Extend understanding of legal terminology

2.1 Recognise and explain complex legal terminology and key legal concepts and processes in English and LOTE.

2.2 Establish standard translations for fixed text encountered in policing and judicial contexts that correctly reflect underlying common law principles.

2.3 Research and increase knowledge of complex legal terminology in English and LOTE.

2.4 Spell and pronounce complex legal terminology correctly.

3. Use appropriate oral or signed communication in legal contexts

3.1 Receive and understand oral or signed questions and answers using complex English and LOTE legal terminology.

3.2 Seek clarification of use and meaning of terms and associated processes.

3.3 Use a range of complex English and LOTE legal vocabulary and expressions in interpreting.

3.4 Use prosodic features, gestures and body language appropriate to the legal and policing context.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified, the candidate must demonstrate evidence of performance of the following on at least two occasions.

using social, cultural and professional conventions applicable to the languages being used in legal and policing contexts, including:

customs, protocols and taboos

dialect, idiom, colloquialisms and language conventions

social conventions and consistent use of forms of address

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified, the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

areas of law

upper court, review tribunals and complex legal processes

legal and financial consequences of incorrect interpreting

hierarchy of courts and tribunals

key documentation relevant to policing, legal and judicial processes

legal privilege

legal systems, including common law and code law

information sources for increasing legal knowledge and terminology

legal principles relating to the role of the interpreter, including the right of a defendant to be ‘linguistically present’

procedures for preparing affidavits and other legal documentation and legal cases

relevant legislation, government policies and court guidelines

WHS relevant to working in legal and policing contexts, including personal safety and fatigue

Assessment of this unit of competency must include interpreting in real or simulated complex dialogue or monologue settings in specialist legal and policing contexts.

Consideration must be given to holistic assessment for this unit. Refer to advice in the companion volumes.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify the context of legal terminology

1.1 Identify key features of the legal and judicial system, including key people and structures.

1.2 Describe standard procedures specific to oral communication in formal legal and policing contexts.

1.3 Outline the role and responsibilities of interpreters and others in legal and policing contexts.

1.4 Identify social, cultural and professional conventions of English and LOTE appropriate to legal and judicial contexts.

1.5 Explain the consequences of oral rendition of fixed texts and use of incorrect legal terminology.

2. Extend understanding of legal terminology

2.1 Recognise and explain complex legal terminology and key legal concepts and processes in English and LOTE.

2.2 Establish standard translations for fixed text encountered in policing and judicial contexts that correctly reflect underlying common law principles.

2.3 Research and increase knowledge of complex legal terminology in English and LOTE.

2.4 Spell and pronounce complex legal terminology correctly.

3. Use appropriate oral or signed communication in legal contexts

3.1 Receive and understand oral or signed questions and answers using complex English and LOTE legal terminology.

3.2 Seek clarification of use and meaning of terms and associated processes.

3.3 Use a range of complex English and LOTE legal vocabulary and expressions in interpreting.

3.4 Use prosodic features, gestures and body language appropriate to the legal and policing context.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified, the candidate must demonstrate evidence of performance of the following on at least two occasions.

using social, cultural and professional conventions applicable to the languages being used in legal and policing contexts, including:

customs, protocols and taboos

dialect, idiom, colloquialisms and language conventions

social conventions and consistent use of forms of address

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified, the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

areas of law

upper court, review tribunals and complex legal processes

legal and financial consequences of incorrect interpreting

hierarchy of courts and tribunals

key documentation relevant to policing, legal and judicial processes

legal privilege

legal systems, including common law and code law

information sources for increasing legal knowledge and terminology

legal principles relating to the role of the interpreter, including the right of a defendant to be ‘linguistically present’

procedures for preparing affidavits and other legal documentation and legal cases

relevant legislation, government policies and court guidelines

WHS relevant to working in legal and policing contexts, including personal safety and fatigue

Assessment of this unit of competency must include interpreting in real or simulated complex dialogue or monologue settings in specialist legal and policing contexts.

Consideration must be given to holistic assessment for this unit. Refer to advice in the companion volumes.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Identify key features of the legal and judicial system, including key people and structures. 
Describe standard procedures specific to oral communication in formal legal and policing contexts. 
Outline the role and responsibilities of interpreters and others in legal and policing contexts. 
Identify social, cultural and professional conventions of English and LOTE appropriate to legal and judicial contexts. 
Explain the consequences of oral rendition of fixed texts and use of incorrect legal terminology. 
Recognise and explain complex legal terminology and key legal concepts and processes in English and LOTE. 
Establish standard translations for fixed text encountered in policing and judicial contexts that correctly reflect underlying common law principles. 
Research and increase knowledge of complex legal terminology in English and LOTE. 
Spell and pronounce complex legal terminology correctly. 
Receive and understand oral or signed questions and answers using complex English and LOTE legal terminology. 
Seek clarification of use and meaning of terms and associated processes. 
Use a range of complex English and LOTE legal vocabulary and expressions in interpreting. 
Use prosodic features, gestures and body language appropriate to the legal and policing context. 
Identify key features of the legal and judicial system, including key people and structures. 
Describe standard procedures specific to oral communication in formal legal and policing contexts. 
Outline the role and responsibilities of interpreters and others in legal and policing contexts. 
Identify social, cultural and professional conventions of English and LOTE appropriate to legal and judicial contexts. 
Explain the consequences of oral rendition of fixed texts and use of incorrect legal terminology. 
Recognise and explain complex legal terminology and key legal concepts and processes in English and LOTE. 
Establish standard translations for fixed text encountered in policing and judicial contexts that correctly reflect underlying common law principles. 
Research and increase knowledge of complex legal terminology in English and LOTE. 
Spell and pronounce complex legal terminology correctly. 
Receive and understand oral or signed questions and answers using complex English and LOTE legal terminology. 
Seek clarification of use and meaning of terms and associated processes. 
Use a range of complex English and LOTE legal vocabulary and expressions in interpreting. 
Use prosodic features, gestures and body language appropriate to the legal and policing context. 

Forms

Assessment Cover Sheet

PSPTIS093 - Use complex legal terminology in interpreting (LOTE-English)
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Assessment Record Sheet

PSPTIS093 - Use complex legal terminology in interpreting (LOTE-English)

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Assessment task 1: [title] Result: Competent Not yet competent

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Overall assessment result: Competent Not yet competent

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