Application
This unit describes the skills required to understand and use routine legal terminology in English and a LOTE sufficient to interpret between the two languages in dialogue or monologue settings in routine legal and general policing contexts.
This unit applies to those working as interpreters in a range of routine legal and general 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 routine or complex tasks in a range of legal and policing contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and Performance Criteria
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 institutions. 1.2 Describe standard procedures specific to communication in 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 incorrect legal terminology. |
2. Develop understanding of legal terminology | 2.1 Recognise and explain routine 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 develop knowledge of legal terminology in English and LOTE. 2.4 Use clear pronunciation of legal terminology. |
3. Use appropriate oral or signed communication in legal contexts | 3.1 Receive and understand oral or signed questions and answers using English and LOTE legal terminology. 3.2 Seek clarification of correct use and meaning of terms and associated processes. 3.3 Use a range of English and LOTE legal vocabulary and expressions correctly in interpreting. 3.4 Apply prosodic features, gestures and body language appropriate to the legal and policing context. |
Evidence of Performance
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 appropriate 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 of Knowledge
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
lower court, civil and administrative tribunals and routine legal processes
legal and financial consequences of incorrect interpreting
hierarchy of courts and tribunals
key documentation relevant to general policing, and routine legal and judicial processes
legal privilege
legal systems (common law, 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
relevant legislation, government policies and court guidelines
WHS relevant to working in legal and policing contexts, including personal safety and fatigue
Assessment Conditions
Assessment of this unit of competency must include use of scenarios, case studies and experiences. Practical assessment must take place in the context of real or simulated interpreting.
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.
Foundation Skills
Foundation skills are embedded within the elements and performance criteria of this unit.
Competency Field
Translating and interpreting