❓ Hon Giz Watson asks about interpreter access for Aboriginal and Torres Strait Islander people during police interviews, including data on usage, expenditure, and monitoring. The government outlines existing mechanisms and ongoing reviews, but lacks specific data on Indigenous interpreter use.
AnsweredQoN 232Legislative Council
QuestionView source ↗
(1) What steps if any is the Government taking to ensure that interpreters are provided to Aboriginal and Torres Strait Islander people during police interviews?
(2) In 2007-2008, how many Aboriginal or Torres Strait Islander people were provided with an interpreter during a police interview?
(3) In 2007-2008, how much money was expended by Western Australia Police on interpreters for Aboriginal and Torres Strait Islander people?
(4) Will the Government monitor and evaluate the level of implementation of the Policy in respect of Aboriginal and Torres Strait Islander people by police?
(5) If yes to (5), by what criteria and how frequently?
(6) If no to (5), why not?
(2) In 2007-2008, how many Aboriginal or Torres Strait Islander people were provided with an interpreter during a police interview?
(3) In 2007-2008, how much money was expended by Western Australia Police on interpreters for Aboriginal and Torres Strait Islander people?
(4) Will the Government monitor and evaluate the level of implementation of the Policy in respect of Aboriginal and Torres Strait Islander people by police?
(5) If yes to (5), by what criteria and how frequently?
(6) If no to (5), why not?
AnswerView source ↗
Answered
31 March 2009
Responded by
Minister for Energy representing the Minister for Police
Response time
21 days
(1) There are several mechanisms in place which ensure that Aboriginal and Torres Strait Islander people are given the opportunity to access appropriate language services during police interviews. These include; legislative measures and internal police procedures.
WA State Government Legislation - Criminal Investigations Act (CIA) 2006
Under the
Criminal Investigation Act (CIA) 2006
if an officer is required to inform a person about any matter or the person is under arrest and the person is for any reason unable to understand or communicate in spoken English sufficiently, the officer must, if it is practicable to do so in the circumstances, use an interpreter or other qualified person or other means to inform the person about the matter. The Act allows for an interpreter to participate by remote communication.
Western Australia Police Internal Police Procedure Manual (Police Manual) reflects the CIA 2006 and is consistent with case law on the issue.
The Anunga Rule guidelines were established in 1976 and require that Aboriginals be properly cautioned by police and that a suspect be offered a prisoner's friend to assist him with the interview, as well as an interpreter, if necessary. It is the policy of WA Police to encourage Aboriginal and Torres Straight islanders to have an interview friend in accordance with the Anunga Rule. This can be in addition to an interpreter.
(2) It is not possible to determine the exact number of Aboriginal and Torres Strait Islander people who accessed language services during police interviews. For the following reasons:
· Current WA Police information systems provide only information on the cost of all interpreting and translating services used by the agency. The data can not be broken down into specific language groups. The costs reflect the use of interpreting and translating services delivered to all language groups.
· An official, independent, qualified interpreter is not always used. Using unofficial interpreters such as family members or acquaintances is permitted by the Criminal Investigations Act 2006) and recognised as a legitimate means of communication by "The Western Australian Language Services Policy 2008" (p.23). Instances of these situations are not recorded on a central database by WA Police but are recorded on individual case files.
(3) See response to question 2.
(4) The Office of Multicultural Interests (OMI) is the body responsible for coordinating WA State Government Language Services policy. OMI advises that each government department is responsible for its own evaluating and monitoring systems of language services.
Western Australia Police is currently reviewing the internal language services policy and procedure as part of the review and implementation of WA State Language Services policy. This action is also a result of recommendations which address the agencies progress with
The Policy Framework for Substantive Equality
. Developing systems which monitor and evaluate the provision of language services is a key part of this work.
(5) N/A
(6) N/A
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
WA State Government Legislation - Criminal Investigations Act (CIA) 2006
Under the
Criminal Investigation Act (CIA) 2006
if an officer is required to inform a person about any matter or the person is under arrest and the person is for any reason unable to understand or communicate in spoken English sufficiently, the officer must, if it is practicable to do so in the circumstances, use an interpreter or other qualified person or other means to inform the person about the matter. The Act allows for an interpreter to participate by remote communication.
Western Australia Police Internal Police Procedure Manual (Police Manual) reflects the CIA 2006 and is consistent with case law on the issue.
The Anunga Rule guidelines were established in 1976 and require that Aboriginals be properly cautioned by police and that a suspect be offered a prisoner's friend to assist him with the interview, as well as an interpreter, if necessary. It is the policy of WA Police to encourage Aboriginal and Torres Straight islanders to have an interview friend in accordance with the Anunga Rule. This can be in addition to an interpreter.
(2) It is not possible to determine the exact number of Aboriginal and Torres Strait Islander people who accessed language services during police interviews. For the following reasons:
· Current WA Police information systems provide only information on the cost of all interpreting and translating services used by the agency. The data can not be broken down into specific language groups. The costs reflect the use of interpreting and translating services delivered to all language groups.
· An official, independent, qualified interpreter is not always used. Using unofficial interpreters such as family members or acquaintances is permitted by the Criminal Investigations Act 2006) and recognised as a legitimate means of communication by "The Western Australian Language Services Policy 2008" (p.23). Instances of these situations are not recorded on a central database by WA Police but are recorded on individual case files.
(3) See response to question 2.
(4) The Office of Multicultural Interests (OMI) is the body responsible for coordinating WA State Government Language Services policy. OMI advises that each government department is responsible for its own evaluating and monitoring systems of language services.
Western Australia Police is currently reviewing the internal language services policy and procedure as part of the review and implementation of WA State Language Services policy. This action is also a result of recommendations which address the agencies progress with
The Policy Framework for Substantive Equality
. Developing systems which monitor and evaluate the provision of language services is a key part of this work.
(5) N/A
(6) N/A
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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