<div dir="ltr"><br clear="all"><h1>Language Services Policy</h1>
<h2 class="">Scope </h2>
<p class="">The aim of the policy is for information and
services to be open and accessible to individuals who may have
specialist language needs whether alternative format or in a language
other than English.</p>
<p class="">This policy applies to all programs delivered and funded by the Department for Communities in Western Australian.</p>
<p class="">This policy will also apply to any other
entities that become part of the Department for Communities while this
policy is current. This is a system wide policy and supersedes all
policies related to language services in the Department for Communities.
</p>
<div><h2 class="">Context </h2>
<p class="">The Western Australian Language Services
Policy was endorsed by the Western Australian Cabinet in 2008 and
applies to all State Government departments.</p></div>
<p class="">The Western Australian Language Services Policy states that State Government agencies need to:</p>
<ul><li><div class="">Commit to the appropriate use of
professional and competent interpreters and translators in the delivery
of programs and services.</div></li><li><div class="">Determine when interpreters ‘must’,
‘should’ or ‘may’ be used based on legislative requirements, the
particular service provided and the level of risk to customers’ rights.</div></li><li><div class="">Ensure that all staff who deal directly with customers are aware of how to determine the need for an interpreter.</div></li>
<li><div class="">Ensure that all staff who deal directly with customers are aware of how to access and use interpreting and translating services.</div></li><div class=""> </div></ul>
<p class="">The Western Australian Language Services
Policy sets out minimum standards that provide guidance for the
circumstances in which interpreters or translators need to be used. A
copy of the Western Australian Language Services Policy minimum
standards is provided in Appendix 1 below.</p>
<h2 class="">Department for Communities Policy</h2>
<p class="">The objective of the Department for
Communities Language Services Policy is to improve the quality of
information and services by ensuring that:</p>
<ul><li><div class="">All individuals who need assistance
with English or who are deaf or hearing impaired are provided with
appropriate interpreting and translating assistance.</div></li><li><div class="">All Department for Communities staff
who deal with customers have the knowledge and skills to identify the
need for interpreting and translating services and appropriately offer,
organise and use these services.</div></li><li><div class="">The usage information about interpreting and translating services is appropriately captured for internal analysis.<br></div></li></ul>
<p class="">Department for Communities staff will make
appropriate efforts, based on an assessment of the circumstance, to
provide information in an accessible manner. This may result in
information being provided either in an alternative format or a language
other than English.</p>
<h2 class="">Costs associated with Language Services Policy</h2>
<p class="">Each services unit within the Department for
Communities will meet the costs associated with their unit seeking and
providing relevant translation and interpreting services.</p>
<h2 class="">Language Services Data Collection and Reporting for Monitoring and Continuous Improvement</h2>
<p class="">Information shall be collated by service
delivery units on a minimum data set to be endorsed by Corporate
Executive. Annual data will be compiled at the end of each financial
year and forwarded to the Manager, Research & Evaluation no later
than 31 July. This information will then be complied annually to comply
with compliance requirements and reported to Corporate Executive and
within the Department for Communities’ Annual Report.</p>
<h2 class="">Supporting Documents </h2>
<ul><li><div class="">Western Australian Language Services Policy available on the <a href="http://www.omi.wa.gov.au/omi_language.cfm">Office of Multicultural Interest website</a>. </div></li><li><div class=""><a href="http://www.communities.wa.gov.au/about-us/policies_and_plans/Pages/Substantive-Equality-Policy.aspx">Department for Communities Substantive Equality Policy</a></div>
</li><div class=""> </div></ul>
<h2 class="">Relevant Legislation</h2>
<p class="">Revant Commonwealth Government, State
Government and Department for Communities policies and legislation that
impact on language services and policy development can be found in
Appendix 2. </p>
<h2 class="">Review of this Language Services Policy</h2>
<p class="">This Policy will be reviewed by the Principal
Policy Officer, Strategic Policy, Policy & Planning, Department for
Communities by December 2013.</p>
<h2 class="">Policy Authorisation</h2>
<p class="">This document details the Department for
Communities’ Language Services Policy to ensure barriers to access,
information and services are identified, addressed and eliminated.</p>
<p class="">This information is available in alternative formats upon a request. </p>
<div><h2 class="">Appendix 1 - Minimum Standards for Using Interpreting and Translating Services</h2></div>
<p class="">The Western Australian Language Services
Policy (2008:9)[1] outlines minimum standards that provide guidance for
the circumstances in which an interpreter or translator needs to be
used, to enable Western Australians who are unable to communicate
effectively in spoken or written English, to access services.</p>
<p class="">1. Western Australians who are unable to communicate through spoken or written English are made aware of:</p>
<ul><li><div class="">their rights to communicate in their preferred language; and</div></li><li><div class="">when and how to ask for an interpreter. </div>
</li><div class=""> </div></ul>
<p class="">This is particularly important in the case of
Indigenous people who are unable to communicate through spoken or
written English. Due to the limited availability and use of Indigenous
interpreters historically, Indigenous people would not request an
interpreter as a matter of course. </p>
<p class="">2. The circumstances in which professional or competent interpreters and translators should be used are as follows:</p>
<p class="">2.1 Western Australians who are unable to
communicate through spoken or written English are provided with
professional level interpreters and translators in their preferred
language where they:</p>
<ul><li><div class="">need to be informed of their legal rights and obligations;</div></li><li><p class="">need to give informed consent;</p></li><li><p class="">are required to enter into a legally
binding contract or agreement with the State and are not required to
engage their own interpreter or translator;</p></li><li><p class="">require essential information to fully participate in decisions or proceedings relating to their rights, health and safety; or</p></li><li><p class="">require essential information to protect their rights, health and safety.</p>
</li></ul>
<p class="">2.2 Interpreting and translation services are
provided by professional interpreters and translators or persons who
have completed an accredited interpreting or translating training course
in all other situations.</p>
<p class="">2.3 In exceptional circumstances, where an
interpreter is required, but a professional or competent interpreter is
not available, a person who has not been trained as an interpreter, but
who speaks and understands the language and English may be used.
However, the decision to do so and the circumstances justifying that
decision must be officially documented.</p>
<p class="">2.4 In the case of Indigenous Australians,
experienced paraprofessional level interpreters should be used where
professional level interpreters would otherwise be required, until such
time as professional level interpreters in Aboriginal languages are
available.</p>
<p class="">2.5. Persons under the age of 18 must not be used as interpreters or translators. </p>
<p class="">3. Staff whose duties involve communicating
with people who are unable to communicate effectively in written or
spoken English are able to assess the need for an interpreter or
translator and have an understanding of cross cultural communication and
awareness.</p>
<p class="">4. Interpreters and translators need to
respect clients’ rights to privacy and confidentiality and maintain
confidentiality in all matters relating to their assignments. Disclosure
may only occur with client permission or as a result of the law
requiring such disclosure.</p>
<div><h2 class="">Appendix 2 - Relevant Government Policy and Legislation</h2></div>
<p class="">Relevant Commonwealth Government, State
Government and Department for Communities policies and legislation that
impact on language services and policy development in this area include:</p>
<h3 class="">Commonwealth Government</h3>
<ul><li><p class="">Multicultural Australia: United in Diversity (Commonwealth of Australia 2003)</p></li><li><p class=""><a href="http://www.immi.gov.au/">Department of Immigration and Citizenship</a></p></li><li><p class="">
<a href="http://www.immi.gov.au/">The Charter of Public Service in a Culturally Diverse Society, (Department of Immigration and Multicultural Affairs, 1998)</a></p></li><li><p class=""><a href="http://www.hreoc.gov.au/"><em>Racial Discrimination Act 1975 (Cth)</em></a></p>
</li><li><p class=""><a href="http://www.hreoc.gov.au/"><em>Human Rights and Equal Opportunity Act 1986 (Cth)</em></a></p></li><li><p class=""><a href="http://www.hreoc.gov.au/"><em>Disability Discrimination Act 1992 (Cth)</em></a><em> </em></p>
</li></ul>
<h3 class="">State Government</h3>
<ul><li><p class=""><a href="http://www.omi.wa.gov.au/">The Western Australian Language Services Policy (2008) </a></p></li><li><p class=""><a href="http://www.omi.wa.gov.au/">The Western Australian Charter of Multiculturalism (2004)</a></p>
</li><li><p class=""><a href="http://www.dia.wa.gov.au/">Statement
of Commitment to a New and Just Relationship between the Government of
Western Australia and Aboriginal Western Australians (2001)</a></p></li><li><p class=""><a href="http://www.eoc.wa.gov.au/">The State Government’s Policy Framework for Substantive Equality (2005)</a></p></li><li><p class="">
<a href="http://www.slp.wa.gov.au/legislation.statutes.nsf/main_mrtitle_305_homepage.html"><em>Western Australian Equal Opportunity Act (1984).</em> State Law Publisher</a></p></li><li><p class=""><a href="http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_114_homepage.html">Carers Recognition Act 2004. State Law Publisher</a> </p>
</li></ul>
<h3 class="">Department for Communities</h3>
<ul><li><p class="">Department of Communities Language Services Policy 2010</p></li><li><p class=""><a>Department for Communities Complaints Management Policy 2010 (currently being reviewed)</a></p></li><li><p class=""> <a>Department for Communities Substantive Equality Policy 2010 (currently being developed) </a></p>
</li><li><p class=""><a>Department for Communities Disability Access and Inclusion Policy 2010 (currently being reviewed). </a></p></li></ul>
<div><h2 class="">Appendix 3 - Definitions</h2></div>
<h3 class="">Language services</h3>
<p class="">Refers to actions taken by agencies to help
people who have difficulty in communicating in English, including the
engagement of interpreters and translators and the use of planned
multilingual information strategies. A language service in relation to
this Policy does not refer to language maintenance.</p>
<h3 class="">Interpreter </h3>
<p class="">A person who conveys a statement verbally or
by signing one language into another with accuracy and objectivity to
enable effective communication between two parties who use different
languages.</p>
<h3 class="">Translator </h3>
<p class="">A person who makes a written transfer of a
message or statement from one language into another with accuracy and
objectivity to enable effective communication between two parties who
use different languages.</p>
<h3 class="">Competent translators and interpreters</h3>
<p class="">Competent interpreters and translators adhere
to a Professional Code of Ethics, observe impartiality and
confidentiality principles and perform interpreting and translating
tasks accurately and faithfully[2]. </p>
<h3 class="">Customers </h3>
<p class="">This term is intended to be as broad and
inclusive as possible and includes individuals or groups who may also be
known as clients or customers of services provided by the Department
for Communities or agencies contracted by the Department.</p>
<p class="">--------------------------------------------------------------------------------</p>
<div><p class="">[1] Department for Communities. Government of WA. <a>Office of Multicultural Interests. The Western Australian Language Services Policy (2008:9)</a>. </p></div>
<p class="">[2] Relevant service managers must ensure
that all interpreters and translators engaged in ‘child-related work’ as
defined by the Working With Children (Criminal Record Checking) Act
2004 hold a current Working With Children Card before working for the
Department for Communities.</p><p class=""><a href="http://www.communities.wa.gov.au/about-us/policies_and_plans/Pages/Language.aspx">http://www.communities.wa.gov.au/about-us/policies_and_plans/Pages/Language.aspx</a><br>
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