New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.60

31.60 Functions of interpreters

(1) An interpreter owes a paramount duty to the court to be impartial and accurate to the best of the person's ability.

(2) The duty to the court overrides any duty the person may have to a party (regardless of whether the party engaged the person).

(3) Unless the court otherwise orders, an interpreter must--

(a) interpret questions and all other spoken communications in the hearing of the proceedings for the party from English into the other language and from the other language into English, and

(b) subject to subrule (4), sight translate, whether before or during the course of the witness' evidence, documents shown to the witness.

(4) An interpreter may refuse to sight translate if--

(a) the interpreter considers that the interpreter is not competent to do so, or

(b) the task is too onerous or difficult by reason of the length or complexity of the text.

(5) Unless the court otherwise orders, an interpreter may not assist a party or the party's legal representatives in their conduct of proceedings or proposed proceedings (including a hearing) except by--

(a) interpreting questions and other spoken or signed communications in connection with the proceedings or proposed proceedings from English into the other language and from the other language into English, or

(b) sight translating documents in connection with the proceedings or proposed proceedings from English into the other language and from the other language into English.