17. Cultural and linguistic diversity

17.1 General guidelines

It is important to be aware of and sensitive to the culture and language of people who ask you to perform JP duties. Misunderstandings are very common between people of different cultures and are often due to factors other than language barriers, such as differences in communication style and relationships to authority figures. It is advisable to take extra care in checking for understanding and be very wary of making assumptions.

Try to negotiate through differences, rather than ignoring them. Never make assumptions about a person’s understanding of English based on linguistic or cultural background. People may sometimes wish to give you the impression that their understanding of English is sufficient when it is not.

Documents written in a language other than English generally cannot be used for legal purposes in Victoria unless they include the following attachments:

• an English translation
• an affidavit by the translator stating that the translation is an accurate translation of the document in the original language.

You may certify copies of documents written in a language other than English if you are sure that the document is a true copy. It is a good practice where possible, to have the originals photocopied in your presence to ensure they are the correct copies.

17.2 Witnessing English-language documents for a non-English speaking person

To witness English-language documents for a non-English speaking person, you must be satisfied that the person understands the nature and effect of what they are signing. If you cannot communicate in their language, you may need to arrange another appointment and ask the person to attend with an interpreter.

The Translating and Interpreting Service (TIS) provides interpreter services. There is usually a fee, although some services are free. The fee should be paid by the non-English speaking person. There is no prohibition against using family members or friends as interpreters, but it is preferable to use professional interpreters if they are available.

JPs who speak other languages can be found through the online JP Register at www.justice.vic.gov.au by searching 'Language'.

17.3 Witnessing through an interpreter

For documents other than affidavits

• Ask the interpreter to translate orally to the person the contents of the document; and
• Interpret everything you say to the person and everything the person says to you.

Ask the interpreter to certify on the document using words such as these:

For affidavits

The steps you must follow when an interpreter is used to translate an affidavit are as follows:

1. To begin, the interpreter takes an interpreters’ oath or makes an affirmation. The words that may be used are:

2. The interpreter interprets the contents of the affidavit to the deponent;
3. The deponent signs the document in your presence (including signing or initialling alterations, signing each page and signing the certificates on the exhibits).
4. You administer the oath or affirmation and the interpreter interprets it into the language of the deponent. The deponent repeats the oath in the deponent’s language and the interpreter translates what the deponent says into English.
5. You sign and stamp a modified form of jurat: