[lg policy] Government of Western Australia: Language Services Policy
Harold Schiffman
hfsclpp at GMAIL.COM
Thu Jul 4 14:35:09 UTC 2013
Language Services Policy Scope
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.
This policy applies to all programs delivered and funded by the Department
for Communities in Western Australian.
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.
Context
The Western Australian Language Services Policy was endorsed by the Western
Australian Cabinet in 2008 and applies to all State Government departments.
The Western Australian Language Services Policy states that State
Government agencies need to:
- Commit to the appropriate use of professional and competent
interpreters and translators in the delivery of programs and services.
- 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.
- Ensure that all staff who deal directly with customers are aware of
how to determine the need for an interpreter.
- Ensure that all staff who deal directly with customers are aware of
how to access and use interpreting and translating services.
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.
Department for Communities Policy
The objective of the Department for Communities Language Services Policy is
to improve the quality of information and services by ensuring that:
- All individuals who need assistance with English or who are deaf or
hearing impaired are provided with appropriate interpreting and translating
assistance.
- 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.
- The usage information about interpreting and translating services is
appropriately captured for internal analysis.
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.
Costs associated with Language Services Policy
Each services unit within the Department for Communities will meet the
costs associated with their unit seeking and providing relevant translation
and interpreting services.
Language Services Data Collection and Reporting for Monitoring and
Continuous Improvement
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.
Supporting Documents
- Western Australian Language Services Policy available on the Office of
Multicultural Interest website<http://www.omi.wa.gov.au/omi_language.cfm>.
- Department for Communities Substantive Equality
Policy<http://www.communities.wa.gov.au/about-us/policies_and_plans/Pages/Substantive-Equality-Policy.aspx>
Relevant Legislation
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.
Review of this Language Services Policy
This Policy will be reviewed by the Principal Policy Officer, Strategic
Policy, Policy & Planning, Department for Communities by December 2013.
Policy Authorisation
This document details the Department for Communities’ Language Services
Policy to ensure barriers to access, information and services are
identified, addressed and eliminated.
This information is available in alternative formats upon a request.
Appendix 1 - Minimum Standards for Using Interpreting and Translating
Services
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.
1. Western Australians who are unable to communicate through spoken or
written English are made aware of:
- their rights to communicate in their preferred language; and
- when and how to ask for an
interpreter.
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.
2. The circumstances in which professional or competent interpreters and
translators should be used are as follows:
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:
- need to be informed of their legal rights and obligations;
-
need to give informed consent;
-
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;
-
require essential information to fully participate in decisions or
proceedings relating to their rights, health and safety; or
-
require essential information to protect their rights, health and safety.
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.
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.
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.
2.5. Persons under the age of 18 must not be used as interpreters or
translators.
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.
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.
Appendix 2 - Relevant Government Policy and Legislation
Relevant Commonwealth Government, State Government and Department for
Communities policies and legislation that impact on language services and
policy development in this area include:
Commonwealth Government
-
Multicultural Australia: United in Diversity (Commonwealth of Australia
2003)
-
Department of Immigration and Citizenship <http://www.immi.gov.au/>
-
The Charter of Public Service in a Culturally Diverse Society,
(Department of Immigration and Multicultural Affairs,
1998)<http://www.immi.gov.au/>
-
*Racial Discrimination Act 1975 (Cth)* <http://www.hreoc.gov.au/>
-
*Human Rights and Equal Opportunity Act 1986 (Cth)*<http://www.hreoc.gov.au/>
-
*Disability Discrimination Act 1992 (Cth)* <http://www.hreoc.gov.au/>* *
State Government
-
The Western Australian Language Services Policy (2008)
<http://www.omi.wa.gov.au/>
-
The Western Australian Charter of Multiculturalism
(2004)<http://www.omi.wa.gov.au/>
-
Statement of Commitment to a New and Just Relationship between the
Government of Western Australia and Aboriginal Western Australians
(2001)<http://www.dia.wa.gov.au/>
-
The State Government’s Policy Framework for Substantive Equality
(2005)<http://www.eoc.wa.gov.au/>
-
*Western Australian Equal Opportunity Act (1984).* State Law
Publisher<http://www.slp.wa.gov.au/legislation.statutes.nsf/main_mrtitle_305_homepage.html>
-
Carers Recognition Act 2004. State Law
Publisher<http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_114_homepage.html>
Department for Communities
-
Department of Communities Language Services Policy 2010
-
Department for Communities Complaints Management Policy 2010 (currently
being reviewed)
-
Department for Communities Substantive Equality Policy 2010 (currently
being developed)
-
Department for Communities Disability Access and Inclusion Policy 2010
(currently being reviewed).
Appendix 3 - Definitions
Language services
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.
Interpreter
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.
Translator
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.
Competent translators and interpreters
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].
Customers
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.
--------------------------------------------------------------------------------
[1] Department for Communities. Government of WA. Office of Multicultural
Interests. The Western Australian Language Services Policy (2008:9).
[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.
http://www.communities.wa.gov.au/about-us/policies_and_plans/Pages/Language.aspx
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