Case 19: Ensuring interpreters in tribunal proceedings for people with limited English

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The Commission wrote to the ACT Civil and Administrative Tribunal after it became aware that people in proceedings who spoke very limited English were not always being provided with free interpreters. The Commission emphasised that when the Tribunal determines whether someone requires an interpreter to effectively participate in proceedings, it is acting in an administrative capacity and is therefore a ‘public authority’ for the purposes of the Human Rights Act. Accordingly, when making such decisions, the Tribunal has obligations to act compatibly with human rights and to give proper consideration to human rights, including the right to a fair hearing and the right to equal protection of the law without discrimination. The Tribunal informed the Commission that it was reviewing its practices regarding interpreters. The Tribunal changed information on its website about the provision of interpreters. The revised information suggests that the Tribunal will seek to organise an interpreter free of charge for people involved in any kind of matter who inform the Tribunal they need an interpreter; and that there are only limited circumstances in which it will not provide an interpreter.

Source: ACT Human Rights Commission Annual Report 2017-18, pp. 23-24