Articles

Legal words for interpreters

November 19, 2019


I will introduce myself before if you missed that. My name is Natalie, I’m from the Community Legal Education team here at
legal aid and I’m here with Paul, who is a criminal lawyer. So today we’re going to
be talking about legal words. So that’s to help interpreters or bilingual
workers to have a better understanding of all those words that we use in the
law. It could be if you’re working in courts or helping people who are getting
legal advice or in mediation or other legal settings. And I guess legal aid
does these workshops and webinars for community workers to assist community to
assist interpreters to understand the legal words and also so that you can
help our clients better. So at the end of the day it’s for the benefit of,
of course clients and our clients at legal aid, that we all work well together. So
today we’re going to look at words that we commonly use in criminal law in
family law and in civil law. And as I mentioned you might have missed, but
please ask questions any time just as you typed in that you could hear us
please type questions into that question panel any time if you want us to clarify
things. We’re also going to be doing some polls so I’m just going to do a really
quick poll now to have a practice. So you should see on your screen now; it says
‘how much experience do you have interpreting in a legal setting? do you
have quite a lot, a little bit or none yet but you’re interested in learning
more’. Thanks everyone. I’ll just close that now and we can share the results so you’ll see this is how the polls work. So Paul we’ve got, most
people, 57% of people have a little bit of experience in legal settings. 35%
quite a lot and 9% none yet but they are interested. So thanks for that, that’s
useful and the people with quite a lot of experience maybe you can provide tips
as well during the webinar that we can read out. So thank you everyone for that. All right so we’re going to start with a
brief overview of the words we use here at legal aid. So this might help you if
you’re working with legal aid clients. There’s also a handout that you will get
by email at the end of the webinar and it’s also attached to the webinar which
is just a summary of the words that we’ll be talking about today. So the
first one you can see is free legal advice. So you may already know that
anyone anyone in New South Wales can get free legal advice at legal aid, and you
might be asked to interpret for an advice session. So usually that might go
for about 40 minutes with an interpreter. You might be face to face or more likely
interpreting over the phone. And lawyers might need to fill out a legal aid form
at an advice session, so this is called applying for a grant of legal aid. And
then if this is accepted by legal aid then that person will get a lawyer to
give them more help with their problem. So the next one down you can see is duty
services at Court so that means there is a lawyer at court who can help people on
the day as a one-off service. And that’s called a duty lawyer. And often that
lawyer might adjourn the case so the client can get some legal advice, or it
might be a very short matter in Court. So you might again be asked to interpret
for a duty session, duty lawyer at Court. Legal aid lawyers might also talk about
doing minor assistance for a client. We’ve had people sometimes think that
this means for a young person or for a child, but that’s not what we mena. It just means a sort of short or small amount of work. It might be resolving a
legal issue by writing a letter or making a telephone call to help the
client resolve their legal problem. So that’s a minor assistance, The grant of
legal aid as I talked about before is more like ongoing help from a lawyer. So
a person might get a grant of legal aid for a criminal trial or for a family law
matter or some civil matters as well. And there are some means and merits tests for that so that means people might not be able to get legal aid if they earn too much money or if they own
too much property, so that’s what the means and merits test means. The
other thing you might be asked to interpret for it and I know I’ve worked
with a lot of interpreters in community legal education. So that means a
lawyer or someone from the community legal education branch is talking to a
group, and we do that with the assistance of an interpreter. So that’s
sort of where you might be asked to help them here at legal aid. This is just a
few statistics about legal aid. So as you can see on the screen about 12.5% of
people are born in non-english speaking backgrounds. That’s the clients of legal
aid. And legal aid provide services targeted at I guess socially and
economically disadvantaged people in the community. Often our clients have a wide
range of legal problems. Sometimes also health or psychological issues and also
the legal issues might be made worse or made more difficult if they have English,
if their English is not that good, which is where the interpreters work is so important. Just a quick note on interpreting in legal
settings. Sometimes you might be asked to interpret words that are distressing or difficult to talk about such as child abuse, sexual assault or domestic
violence. And in some cultures these might be topics that are
not usually discussed or are embarrassing like marriage breakdowns or financial
issues. But I’m sure you all know that as interpreters it’s very important for
the lawyers that you interpret everything, all the words as they are said.
And if, we also know that there’s ofte,n there might not be an exact word in a
different language there might be an English word or many English words to
describe the certain type of assault for example but not an equivalent in
your language. So it’s what you can do in that situation is just to explain that
to the lawyer and have a chat to the lawyer about that. One other quick tip
before we move on to describing the words is – sometimes lawyers are pressed
for time. You know the duty lawyer or in advice Sessions at Court. I was just talking
to Paul before about how under the pump lawyers are sometimes. And it’s important
that you do ask the lawyers or clients or people in Court to please
speak more slowly if they’re speaking too fast and it is too difficult to interpret. Absolutely. I wouldn’t be afraid to tell anyone in Court that they need to slow down so that you can do your job properly. Definitely. Thanks. So first we’ll talk
about some general words, so words that are used in Court. So I might ask Paul
now to introduce himself, his work at legal aid and then talk about the
differences with all these legal words that you can see on your screen. Sure. So my name is Paul Hopley. I’m a lawyer from the criminal indictable team here in Central Sydney. At the moment I assist people charged with more
serious offences, were their charges are usually headed toward the District Court.
But I’ve also worked in Local Courts and worked for many years with
interpreters and I can see that a good interpreter is absolutely invaluable. And on
occasion very often they are the most important person in a courtroom because
the process can’t happen without them. It’s so important to us with legal aid
that the clients able to follow what’s happening in court and tell us
what they want to happen. And again without an interpreter often that can’t
happen. So I just want to say how valuable and I
find the work. So moving on to some of these words; a Mention use one of the most common. A Mention is a short court appearance where a party might ask for adjournment or list the matter for sentence.
It’s where the matter is essentially put off to another day for another purpose.
It’s up to the Magistrate as to whether to put it off for a Mention. But that leads us into the
next word which is in an adjournment. So an adjournment is when the Court matter is essentially suspended or postponed to come back for some other application to take place. So yeah a Mention is a short Court appearance and an adjournment is when parties come back
for another reason. In terms of the other words that are on
this list. A hearing is when a full Court case takes place in front of a Judge or
Magistrate. Often that’s when evidence is called. People testify, they give evidence.
People are cross examined like on TV. In the trial, it is a similar process but it
normally occurs in a higher Court like the District Court or the Supreme Court and
it’s usually overseen by a Judge and the outcome is often decided by a jury. So
usually in criminal matters Paul a hearing or a trial is when someone has
pleaded not guilty. Yes, that’s right. When they have pleaded not guilty it then goes through that process. Or there’s some
other more lengthy process that is going to take place like a bail hearing. And we don’t have time in this one-hour webinar today but there were quite a lot of changes to some of
the words used in criminal law this year. There been some changes and there’s some recorded webinars and also podcasts on those changes. So for example, you might
have heard about committal hearings before. So they’ve changed quite a lot
this year with changes. So there is some more
information about that that that we can send links to. Or you should find that in
the email at the end of the webinar. so just flag it. Okay. So here’s a little picture of a
courtroom and we’re going to explain some words that are used in Court now. So
‘party’, that’s a pretty general word. Yeah, general word just for the people. Or it can be an organisation who are idrectly involved in a legal case. There are a number of people who can be said to be
a party. Some of those are ‘applicant’, ‘plaintiff’, ‘complainant’, ‘prosecutor’;
those groups of words or that group of wards is usually used for a person who
starts a legal action case in front of the court or tribunal. The word plaintiff and
applicant are used more commonly in family law and civil law cases. And the
phrase or the term complainant is usually used in criminal matters and
it’s for the person who makes the complaint to police, essentially to say
that someone has committed a crime that that has affected them.
A prosecutor is again a word that’s used mainly in criminal law and it usually
refers to either a police prosecutor in the Local Court or a Crown prosecutor in
the District and Supreme Court’s. Okay. And ‘responded’, ‘defendant’ and ‘accused’? This group of words usually for the person who is. who has had a case
taken against them if you will. So a defendant and an accused is usually the
person who has been charged with a criminal offense and a respondent is
usually the person who is responding to an application brought by another party. And the difference between a defendant and an accused is a person is called an accused if they’ve already pleaded guilty, sometimes?
They have become an accused rather then a defendant? I think they can both be fairly interchangeable I think. We’re gonna do another quick poll. Uust set that up. So
on your screen now you can see we’re just going to test that you’ve been
listening. A plaintiff is a person who: and you can just select one; is accused
of a criminal offense;l who starts a civil case against another person in court; or
who assists the Magistrate in Court. Pretty easy there. I’ll just give you
another second and close that poll. So most people , about 3/4 have said a
person who starts a civil case against another in Court. So yeah that would be
right. And the person who assists a Magistrate in Court. So they would be in
that picture somewhere , who would that be? The person sitting in front…? They would probably be either termed the ‘clerk’, or often the sheriff will sit there. He doesn’t look like a sheriff though in that picture. Yeah that picture is from a poster which you can get from legal aid which
describes who’s who in the Court. So moving on to, I guess this is other
people in Court; so that picture is inside a courtroom obviously. And what
you can see on your screen is registrar magistrate and judge. Paul do you want to
just briefly explain what the differences are there? Yes sure. Registrar is a senior legal officer of the Court who provides people with information and can
make administrative decisions, and they can also decide less complicated matters.
So they might do the adjournments? Yeah. yes absolutely. Or if the
Court is short staffed. In regional areas for example they can decide bail for people. A Magistrate is the person who hears and decides civil and criminal matters in a
Local Court. Lawyers call the Magistrate ‘Your Honor’, and so should everyone including interpreters. A Judge is very similar in that they
hear and decide civil and criminal cases in higher courts like the District
Court the Supreme Court, High Court Federal and at Family Courts. Again you
call Judges Your Honor. And this is in a courtroom but also in tribunals they’re the people who sit *indistict* The next, a lot of people in Court maybe
just sometimes people get a bit confused between what’s the difference between a
solicitor a lawyer and a barrister? So lawyer is a more general term. Generally solicitor and lawyer are pretty interchangeable. A barrister is essentially a type of lawyer who gives
high level legal advice and they’ll probably be the person you see wearing
the gown and the wig and arguing a case before a higher court or a jury. Yeah so you might hear some legal aid lawyers might call themselves lawyers some might say solicitor so it goes to a fairly
interchangeable. Moving on now we’ll talk about some words around documents, legal documents. And I think it’s important to know what these types of words mean
because there may not necessarily be a direct translation in in all languages.
So just as a way to explain to people or use other words to describe what these
are. So an ‘affidavit’, the first one there is a written document and it contains
evidence. And it contains factual evidence. So you’ll see it written about
what somebody saw or heard or felt. So it is sort of firsthand. And an affidavit needs
to be signed in front of an authorised person. So that can be a lawyer or a
justice of the peace. And it has to be sworn or affirmed to be true. You might
also hear the word ‘deponent;. So the person who signs the affidavit is called
a deponent. And I guess the main difference between affidavit and
statutory declaration or stat dec, is that the affidavits are really used in
Court. So they are evidence in Court, while a statutory declaration or stat
dec, it is also a statement declaring the truth but it’s used a lot
more widely. So if you apply for a passport or to obtain documents like a
birth certificate, or marriage certificate , you’re signing
a stat dec. So that’s kind of used in everyday life while affidavits used more in Court. So I mentioned that affidavits and stat
dec’s must be sworn or affirmed. So these are different. So an oath is a promise to
tell the truth and it’s sworn on a Bible or other religious text. And an
affirmation is a solemn promise to tell the truth in Court or in an affidavit. So
yes. They are important ones because when you’re interpreting for someone in Court as an interpreter you’ll be asked whether you want to take an oath or an affirmation, so it can be handy to have thought of that before hand. Correct. And the final word on that screen is a subpoena, so that’s a Court order which is telling a person or organization to
either bring documents or certain documents to Court or to appear in
court to give evidence. so if somebody gets a subpoena that means TO
send documents or to to go to court. so if anyone’s got questions about those
words please type those in otherwise what we’re going to do now is move to
talk about some of the common words used in those three areas of law I
mentioned before. So we’ll start with criminal law, then family and civil. So
criminal law I will hand over to Paul. Do you want to just talk generally about yeah what criminal law is? Yeah sure. So Criminal law usually involves offences against the community like stealing, assaults, drug
dealing and serious ones like murder. Crimes can be punished by fines, by prison time, and at the moment there are a whole
range of new sentencing outcomes you can get. Like an ICO which is an
Intensive Corrections Order. A CCO which is a Community
Corrections Order and the CRO, a Conditional Release Order. essentially what
those are, are sentences that see you not in prison but are monitored by Community
Corrections and parole to make sure that whilst you’re not in custody you still
have obligations to fulfill. Criminal law is probably the largest part of
legal aid work where it’s the largest section. And criminal lawyers at legal
aid assist people charged with all sorts of criminal offenses. So those new
sentencing options, so we said before that a lot has changed in
criminal law this year. So interpreters who said they’d worked a lot in Courts
already might have heard terms like good behavior bonds, suspended sentence, home detention. So they are now quite different. So if you want to have a look
at our recorded webinar or listen to the podcast on that topic you can find some
more information. We’ve got a question around another party in Court. I guess
a claimant. Is that more civil law than criminal law? Yeah, that’s something I haven’t come across in criminal law. Okay we’ll talk more
about the civil law words in a minute. So thank you. So the criminal
process. This is a very simplified diagram about the criminal process but
might help to talk through some of these words. So you’ll be interpreting, at some point, sometimes at every point of that particular process. The first part there is arrest. To be arrested is when you are
taken into police custody for committing or having been suspected of
committing a criminal offense. By offense on the something that the law says is wrong or something that is against the law. After you were arrested you are then
charged, usually by the police. This is when the police
formally accuse a person of committing an offense. Someone is charged. Following a charge you are… bail is considered. Bail is the release of a person from custody
after they’ve been charged with a criminal offense on the condition that
they come back to Court on a certain date and at a certain time. Other conditions
can be included like reporting to a police station. Handing over some money
and promising to forfeit it if you don’t come back to Court. Bail can be given
by the police or bail can be granted by a Magistrate or a Judge in Court. So the
next step is you are before the Court, and you have either asked for bail or not, then you’ll be asked to enter a plea. A plea is when a person tells the Court
whether they are guilty are not of the offense. You might hear a Magistrate or a lawyer
are someone ‘how do you want to plead’? Essentially you either plead guilty or
not guilty. Guilty is when a person admits that they committed the offense. Or the Court
decides after hearing all the evidence that they committed the offense and they find them guilty. And not guilty is when the Court decides the person did not commit the offense after
they have heard all the evidence. Or this is something, a plea that a person can enter to say they didn’t do it. Next you go to trial or hearing. A trial is usually in a higher court. I think as we
said before in front of a Judge and a jury. And a hearing is usually before a Local Court and a Magistrate. And then finally if you’re unlucky enough to be found guilty or
plead guilty, you are sentenced. And a sentence is the punishment a Court hands out for someone who is found guilty or has pleaded guilty. Great thank you Paul. And we’re going to
do another quick poll again just to check everyone’s awake. So if a person is
arrested this means they have been punished by the Court for committing an
offense , taken to Court to appear before a Judge, or taken into police custody.
Well that was either too easy or everyone is amazing because a hundred
percent of people said taken into police custody or arrested. Yep.
Correct. Moving on to some other criminal law words. I think you mentioned Paul you
work in the indictable section. Maybe let’s start with explaining what’s the
difference between summary and indictable. Yeah sure. So a summary offense would be considered a more minor criminal offense.
Those are dealt with in the Local Court before a Magistrate. And an indictable
offense is a more serious criminal offense where you are usually taken to a
higher court like the District or the Supreme Court where a Judge or jury
decide your case. Some indictable offenses can be dealt with in a Local Court. So is that where you might hear that if something is strictly indictable. Yeah that’s right. So if
something is strictly indictable it must go to the higher Court. But if it’s just plain indictable it can be dealt with in either Court. And what’s the difference between the
District and Supreme Court’s? The Supreme Court is essentially a higher level of
court within New South Wale. It will take the very most serious cases. But they
both essentially have the same power to sentence someone to life in prisonment. And some of those other words up there; acquit, probably the defense lawyers
favorite would. It’s when a Court decides that a person didn’t break the law and
they can acquit someone. And custody, custody is when someone is in the care
or control of the police or in prison, they’re detained. So you might
hear a Magistrate or Judge say take someone into custody. Some other words
you might hear; you might hear word arraign or arraignment, that’s a phrase
that’s usually used in higher courts for a more formal process of pleading
guilty or not guilty. And as we mentioned that word committal has changed meanings. Yes, it is essentially not being used anymore. So those committal hearings that you had before they don’t exist in that form anymore. No, not in that form. All right. If anyone has questions about those words used in criminal law please
feel free to type those in. And I’ll just also mention quickly that we also do
some face-to-face workshops for interpreters and we’ve got one coming up
on the 30th of November in Sydney in our Haymarket office. I think we’ve got a few
places left, so I’ll put a link in the email that you’ll get if you’re
interested in doing more in-depth workshop around criminal law words at
the end of the month. All right. So moving on to family law. So
some of you who’ve had experience working in legal settings might have
already interpreted in family law settings. So you know that that could be
either in legal advice in mediation or family dispute resolution. We’ll talk
about that in a minute. Before I go on Paul, sorry there’s just a quick request
to clarify summary again. Sure so a summary offence is one that is
dealt with in the local court. It does not have the capacity… that’s hard, just being a lawyer there are so many caveat’s on everything. So a summary offence is one that carries a term of imprisonment of 2 years or less and is dealt with in a local court. Whereas an indictable offense carries a greater term of prisonment and is dealt with in a District Court. So summary offences are the
less serious offenses. So some examples? Trespass, failure to follow a move on direction by the police. Or offensive language. Yes, those kind of things. All right. Thank you. So family law. There are, you can see on the screen, there’s four main areas and they’re quite separate in family law.
So divorce is one obviously at the end of a marriage. And that is granted by
what’s called a decree of dissolution of marriage. Then children is a separate
area. So if you are separating from a partner, the divorce proceedings, the divorce application is quite separate from any application around who the children will live with or spend
time with. So children are separate. Then child support is separate again. So
legal aid has a section that helps people with child support matters. And
that is when one parent must pay the other parent to help with the costs of
raising children. Then the final thing is property. So again when people separate
there might be disputes about property, division of property. So that again is a
separate matter to the where the children live or the divorce proceedings.
And another area of law that legal aid has a specialist service for is the
Domestic Violence Unit. And unfortunately in our community, and everyone across the
world, I think this is quite common unfortunately and something you’ve
probably come across if you’re interpreting in legal settings. So
domestic violence or family violence. And there’s a whole lot of other words
specific to this area of law that include things like an apprehended
violence order or AVO that you might hear. So again that’s another area that
we don’t have time to go into too much details today. But something else to keep in mind if you are told that you will be interpreting for an AVO matter
or apprehended violence order matter. That could be a hearing or a mention, that Paul was was talking about before. So it might be good to look up some of the
words around domestic and family violence if you’re going into those
types of matters. Family law, you might know is a Commonwealth or Federal type
of law. The law is the same across all states and territories in Australia.
So it’s federal law. Anybody can access the family law system. So if you’re
married or de facto or in same-sex relationships. If people can’t sort out
those things, their property and children if they separate they can use
the family law system. Nut it’s not essential. If people can sort those
things out themselves then it’s not compulsory to go through the family law
system. Some other words around family law. This is something that’s the main principle of family law; is what’s called the best interests of
the children. So if you’re interpreting in a family law advice session or in
the Court, you might hear ‘ is this in the best interests of the
children or child?’. So that’s something you might hear. Other things you might hear
are equal shared parental responsibility. And that is equal
decision-making between parents about the big issues about children, such as
where they live, their school, religion, culture or major health decisions. So
this doesn’t mean that the children spend equal time with the parents.That’s
a separate matter. That’s as you can see on the scree,n that’s the sort of lives
with or spends time with orders. But the equal shared parental responsibility,
that remains equal as it implies between both parents. Unless there’s some reason
such as domestic violence or something like that where that might not be the
equal shared parental responsibility. You might have heard words in the past or
maybe you still do in family law around custody. Who has custody of the children.
So family law doesn’t use those words anymore in Australia. Instead it’s the
lives with orders or spends time with orders. But you might still hear that
around custody or access. They are words that aren’t really used anymore. The
other thing to keep in mind around family law is that parents have the
responsibilities for their children. They don’t have the
rights. So a parent doesn’t have the right to spend time with the children.
It’s the children who have the rights. A child has the right to to spend time
with their parents. In family law if it’s a complicated matter or going to court
you might have worked with an independent children’s lawyer. So that’s
when the court appoints a lawyer to represent the child’s interests in those,
in the parenting order cases. Proof of paternit,y that’s just something else
that might come up in family law. Particularly around child support. So it
might be relevant if somebody is the father of the child. And sometimes there’s
court orders to order a paternity testing. So they’re just some words you
might come across if you are interpreting in family law settings. The
other things you might see that come across are around the family law
processes. So I mentioned before mediation or family dispute resolution.
So this is a compulsory step in family law. Except where there’s things
like domestic violence or if the matter is urgent. Every you, can’t go straight to
court for family law. You have to try this mediation or family dispute
resolution process. And legal aid has a section. A family dispute resolution
sectio. So again that might be another setting where you are asked to interpret.
And sometimes that’s done face-to-face or by phone. Or sometimes if the couple is in high dispute, there’s been violence, there might be what’s called shuttle mediation. So the parties are in separate rooms and the mediator
moves between the the parties. So mediation, it is a confidential
meeting where there’s an independent third person, the mediator to help people
come to a agreement about their matter. And that has to be attempted before
going to Court. So the outcome of the family dispute resolution might be those
two words you can see on the right-hand side of the screen. So either
consent orders. So that’s when the parties agree to what happens with the
children or with the property. But it gets lodged with the Court, so it turns
into formal consent orders. So it’s a court order that people have agreed
to themselves. The other option is a parenting plan. So that’s an agreement by
the parents about what’s best for their children and for them. And that’s often
done with the help of a mediator or family dispute resolution practitioner.
Oh I’ve got a question about how does Australia deal with cultural or
religious laws. I guess there are lots of cultures that have their own types of
divorce I guess. Yeah I think in Australia. Well to get married you
can get married in a religious setting or by a religious person, but you still
need to apply for a marriage certificate. So I think you can definitely, if you’ve
been married overseas, it’s definitely applicable. Still applies in Australia.
But things like divorce I guess that kind of thing you’d probably need to get
specific legal advice. And I think the family lawyers at legal aid would be
quite experienced in in that situation. Somebody who says I’ve been divorced by
you know in my religion or in my culture does this apply? Am I actually divorced
under Australian law? So I’m not 100% sure. I think you’d still need to follow
the marriage or divorce sort of procedures in in Australia. And obviously
things like domestic violence is a crime as well. A lot of types of domestic
violence are criminal offenses. We would definitely suggest for people
to to go to domestic violence specialists, go to the police around that.
I don’t know if there’s some cultures where it’s accepted. We
would say in Australia that that is a crime. I don’t know if that answers your
question but I think if there are questions
around that kind of thing definitely you can get specific legal advice around
that. I’m just going to do a quick poll before we move on to talk about civil
law. So family dispute resolution is a type of: this should be really quick.
criminal offense, Court order or mediation. I’m going to close that there and share
those results. So most people have said it’s a type of mediation, which yep
definitely it is. A court order; it’s not a court order but it’s definitely, if you
went to court first, they might tell you to go back and try family dispute
resolution first. That’s a requirement. So yeah family dispute resolution is a type
of mediation. Thanks everyone. We’ll talk a little bit more. there’s a
few more questions. I might go on to civil law and then we can discuss the questions at the end. If that’s all right. So civil law is another area of law that
we do at legal aid and how we describe civil law is, legal problems
that happen in everyday life. So everyday problems with a legal side to them. So
people will probably know that they have a criminal law problem because they’re
in trouble with the police. They’ll probably know they have a family
law problem because their relationship is breaking up. But a lot of people might
not know that they have a civil law problem. It’s the area that is covered
is very very wide. So it’s things like finances, money, so problems with banks
that you’re hearing about in the news at the moment with the Royal Commission. Car accidents could be a civil law problem. Property. So if you have problems with
the landlord. That kind of thing. Or contracts. Writing
a will. All these things are part of civil law. So at legal aid we don’t cover
every area, we focus on the areas that impact our target client groups. So
people who are economically or socially disadvantaged vulnerable people. So for
example we don’t do business law and tax law and that kind of thing at legal
aid. That’s private lawyers do that. So types of areas we do cover you can see
on the screen. So discrimination. So unlawful discrimination is when
somebody’s been treated unfairly. So for example not offered a job because
of your race or sex or disability. So you can get advice from legal aid for
disability or any form of discrimination. Employment; so people who have been
unfairly dismissed from a job or they’re being underpaid. That’s a legal issue
that people can get advice about. Government law. We’ve got a government
government law section at legal aid which deals with federal government
issues. So such as Centrelink or the NDIS and immigration law. So things that
are federal government issues. Consumer law is the most common legal issue in in
Australia. And that includes people having issues with credit debt mortgages.
They can’t pay, that kind of thing. So consumer law or buying goods or services
at are faulty, all those kinds of things are consumer law issues. legal aid also
has a mental health advocacy service which deals with mental health law and
guardianship. So people who need some assistance or be protected if they
have disabilities, mental health issues. So that’s guardianship and mental health
issues. So there’s a section there. Coronial, that’s also another section we
have at legal aid. A coronal inquest unit. That assists people, and families of people
who have died in circumstances such as suspicious circumstances or that kind of
thing. So you might be asked to interpret for
coronial matters. The last thing on the right hand side there is work and
development order. That’s another term you might hear. So that’s something
that’s available for people who are not able to pay off their fines. So they can,
instead of paying their fines just normally, they can pay off their fines by
doing volunteer work, courses treatment, programs or health programs. That kind of
thing. So that’s another term that you might come across. So a few civil law
words. You can see on your screen there. If you’re interpreting for a civil law
matter particularly in a tribunal or a court these are some of the words you
might hear. So a duty of care. so that’s a the duty or responsibility of a person
or organization has to look after another person. So examples are like an
employer has to make sure that all the health and safety rules are followed or
a hospital must make sure that they give the best treatment possible to their
patients. another example *indistict* – people don’t slip over that kind of
thing. So that’s a duty of care. Negligence. So that’s when a person has a
duty of care but if it’s been breached and causes damage or loss to another
person. So if that shopping center left an area of the floor all wet and
people slipped over that might be that they are negligent. So statement of claim;
so that’s a court document and that’s what’s used to start a court case. And
that could be about a debt if somebody owes you money or for other civil law
cases. So most civil law cases are started by a statement of claim. Other
words you might hear around, similar to this, is a summons. Do
you get summons in criminal law as well? No that’s a civil. So
summons or statement of claim you might come across in civil law. The next word
there is damages. So what that is is money. It’s a funny word to use but it
means money which is claimed or awarded by a court to compensate somebody for
loss or injury. So for example in a car accident case you might get damages.
Damages might be the cost to repair the car or the cost to hire a replacement
car. So it’s money to replace what you’ve lost I guess. So damages. And the last
thing you might see is terms of settlement. So that again is a document
and that records how much the parties have agreed to settle a civil law case.
So often matters are settled so that means agreed between the parties.
So you might come across the terms of settlement. Okay.Wwe’re going
one final poll and I’ll just launch that now. So you can see on your screen there.
Just to again check that everyone’s listening. If a person receives a court
order for damages this means they have been awarded money by the court as
compensation. They have to pay money to the court or they have to fix up damaged
property. So that one’s a bit trickier. It’s a very strange word to use I know.
Okay I might close that poll now and share the results. So damages; 45% most
people have said if a person receives a court order for damages this
means they have been awarded money by the court as compensation. Yeah. So I
think that’s right, but it is a very confusing term. So other people say they
have to pay the money to the court. So I guess that could be the case. The
questions were in a tricky sort of way. But somebody could have to pay damages
to someone else as well that’s right. But it doesn’t really mean damages, damage to
property. Alright thanks for that everyone. Hopefully that’s clear enough
around those civil law words. What we’re going to do now, we’ve got another few
minutes. So I’m just going to show you where you can get a lot more resources.
There’s heaps and heaps of legal glossaries online. So like I mentioned
before if you’ve found out for example that you will be interpreting in a
traffic matter or a domestic violence matter it might be good to sort of look
up some of the words that might come across in those settings.
So here’s, I’ll just show you now quickly where you can go to find some more help.
So Lawaccess New South Wales. If you haven’t heard of that, it’s almost like
it’s a legal aid sort of helpline or hotline. And it’s the first
place to go for legal help in New South Wales. So Lawaccess New South Wales has a really good website and includes a
section called representing yourself and that has lots of information as well as
this legal dictionary. So you can see on your screen you can just have a look at
what different legal words mean on Law access New South Wales. And these links
will be in the email that you’ll get just after the webinar. The Victoria Law
Foundation also has a glossary but just keep in mind that some words are a bit
different in some states. I think in Victoria what we call the Local Court
they call the County Court, maybe? We don’t use the term County Court in
New South Wales but they do in some other states. And I know in the ACT the
Local Court is called the Magistrate’s Court. So there’s just a few differences.
So just keep that in mind if you’re looking at resources from another state.
The federal court also has a glossary of legal terms. So if you are interpreting
for a matter in the federal court. So that could be a matter that, some
examples in the federal court could be like immigration matters or
discrimination under the federal discrimination laws so that kind of
thing. If it’s a Australia-wide law then it might go to the federal court. So
just have a look at that resource there. Macquarie University in Sydney has a
glossary of specific family law words so again that’s useful if you know you’re
going to be interpreting in a family law matter in a family dispute resolution or
court matter. And again the family court and federal circuit court those names
might be changing early next year and the government was talking about merging
those. So just keep an eye out for changes around terminology to do with
family court and federal circuit court coming up. So yeah there’s quite a few
legal glossaries out there and a lot more information that you can find so do
check out those links in the email that you’ll get. Finally I mentioned before
that we have a workshop coming up. Face-to-face workshop for interpreters
on legal words. And there is regular workshops and webinars for interpreters.
And also we have a lot of interpreters tuning into our other law for community
workers sessions just to get a bit more familiar with different legal topics
that they’ll be interpreting in. So examples are some changes to the
criminal laws that have happened this year
so around driver disqualifications. The changes to sentencing laws. So that’s the
type of thing that interpreters are very welcome to to tune into. They’re all free.
There’s a lot online so webinars like this and also podcasts. So do feel free.
You can see on the screen there’s a law for community workers button there so
feel free to to check that ou.t And we’ll send you the links to that face-to-face
workshop on criminal law words in the email if you’re interested in exploring
that a bit more. So that’s on the 30th of November 2018. That’s all that we were
going to cover today and we’ve got exactly five minutes for questions so if
anyone has questions particularly for for Paul as a criminal lawyer today. iIf
you have questions, if you’ve interpreted in the local court or district court and
you have any questions around that please feel free to type those in now.
Coming back to the question first around the religious and cultural laws in
Australia. The question about non adherence to monogamy. That’s not a crime in Australia. Generally, religoius law and law from other places is not law here and you’d
have a tough case trying to argue that it should be… Definitely yeah. Definitely things like polygamy. So in Australia a
person can’t be married to more than one person. That definitely, it might
happen in other countries, but that is the law in Australia you can’t be
married to more than one person. It’s, I know that child marriage is a really
big issue in Australia. So there’s laws around that. You can’t marry someone
under 16. And there are criminal charges around that. So
hopefully that clears that up a bit. We’ve got a few more questions going
through all around what kind of interpreter is allowed at Court. Do they
have to be a NAATI accredited one? I think that they might. I think that is
preferable. I can’t remember exactly, But I think that that is
preferable and we might have some experienced interpreters listening today
who can type in the answer to that, do you have to be a NAATI credited to
interpret at Court? I think preferably yes, but I know that there are some
languages in Australia where there are only very few interpreters and they
might not necessarily be accredited. But there’s no option there in terms. In terms of when we request imterpreters, we request them through the court and the court organises them. So I’m not exactly sure of the process that gets them to court, and what kind of accreditation. I think the Court’s generally go through multicultural New South Wales. If there are interpreters available in that language. So yeah I
think contact NAATI or multicultural New South Wales to ask those questions. I
know you can be on the panel at multicultural New South Wales. They might
have their own requirements. But check. Somebody’s answered. So the courts do require professionally accredited NAATI interpreters to interpret in court. So that is probably right, except
there might be some languages where there aren’t any accredited
interpreters. So we there will be a certificate that comes out automatically
through GoToWebinar. So have a look at that today. And you can then check with NAATI whether you can count this towards your continuing points. I’m not sure of the
terminology but they should accept to that. If you have a
problem with that certificate you can email, I’ll give you the email address
it’s also on the screen there. [email protected] If you have an issue with the
the certificate or would like something else please do contact us. All right. Does
anyone else have questions today? Otherwise it’s just one minute to two.
So we’ve been really good with that time today Paul, so thank you for that. If you
have any questions later on do feel free to email CLE email address. So take that
down. Right, thank you everyone. And we’ll hopefully see you at our next webinar or
listen to our podcast. So again you’ll be getting a survey which comes out I think
when you shut this down and also with the email you get in an hour. So we’d
really appreciate your feedback. So do the survey. Otherwise thanks so much for
your time today and thanks Paul. Thank you.

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