VIC CLC Resource Guide

Victorian CLCs Access to Interpreters & Translations Kit. 2nd Edition - September 2006 A Project of the Federation of Community Legal Centres “Access to Interpreters Working Group”.

Chapter 1: Admin procedures 2006 - 1 - Chapter 1: Admin procedures 2006

TABLE OF CONTENTS

Overview...... 3

USEFUL NUMBERS AND CODES:...... 5 WORKING GROUP AIMS AND OBJECTIVES...... 6 WORKING GROUP CONTACT LIST 2006...... 7 Meeting and reporting dates for 2006...... 8 Introduction...... 9

HOW TO USE YOUR VITS ALLOCATION...... 11 HOW TO MONITOR YOUR EXPENDITURE...... 14 VOCAT APPLICATIONS AND CLAIMING INTERPRETING COSTS...... 14 TRAVEL COSTS FOR REGIONAL AND RURAL CENTRES - VITS...... 15 TIS,VITS and Vicdeaf differences between these services...... 16

USING ACCREDITED INTERPRETERS - NAATI...... 17

Chapter 1: Admin procedures 2006 - 2 - Overview

Each Victorian CLC will be provided with a CD-R copy of the Kit. CD-R disks are read only which means that you cannot save data onto this disk. Either transfer the data to your network system or print it via the CD.

If you prefer to use the disk via your drive you can still access the website links that are in the coloured text. For example: www.communitylaw.org.au

To do this: place your cursor over the web link and it will then take you to the website.

Chapters 1 to 5 important information is placed either in a text box, bold, or in red. The Kit is divided into twelve chapters described briefly below.

CHAPTERS 1- 5 WORD FORMAT

CHAPTER 1: ADMIN All workers and volunteers are encouraged to read this section as it provides information about the services available and procedures required for each service provider. Your nominated Centre representative will monitor your VITS and Vicdeaf allocation and keep you informed of any future changes.

CHAPTER 2: TIS ~ Telephone Interpreter Service (DIMA)

CHAPTER 3: VITS ~ Victorian Interpreting and Translation Service

CHAPTER 4: VICDEAF

CHAPTER 5: Smart use of services. Best practice when using interpreting and translating services. In addition, recommended Websites that your service may find useful.

Chapter 1: Admin procedures 2006 - 3 -

ADOBE * Chapters 6 – 9 do not have page numbers, as they are PDF documents.

(You can view the page numbers in the “thumbnails” section of each PDF document).

CHAPTER 6: CCLSP Guidelines TIS

CHAPTER 7: NGO – DIMA Application

CHAPTER 8: VITS & CMYI Best practice information sheets

CHAPTER 9: All Services Forms to use

CHAPTER 10: Dept of Justice – Translation Directories 2006.

CHAPTER 11: VSPC – How to cost interpreters

CHAPTER 12: Foundation House – Schools Newsletter March 2006.

* ADOBE ACROBAT ~ Portable document format - (PDF) If you do not have Adobe Acrobat can be downloaded free via: www.adobe.com.au/products/acrobat/

Chapter 1: Admin procedures 2006 - 4 - Your Centre details

STAFF MEMBER (NOMINATED CENTRE REPRESENTATIVE - WHO MONITORS INTERPRETING EXPENDITURE AT YOUR SERVICE.)

Useful numbers and codes:

TIS Telephone No: 131 450 – 24 hours a day, 7 days a week.

TIS Fax: 1300 654 151

Your TIS Code:

VITS Telephone No: (03) 9280 1955

VITS Fax: (03) 9280 1960 (Fax bookings more than 48 hrs notice)

Your VITS Code:

VICDEAF Telephone No: (03) 9473 1117 or 9473 1118

VICDEAF Fax: (03) 9473 1144

Chapter 1: Admin procedures 2006 - 5 - Working Group Aims and Objectives

AIM To promote equal access to community legal Centres regardless of language and to eliminate discrimination (on the basis of language, or hearing impairment) in CLCs.

OBJECTIVE Increase access to all services and the quality of services of CLCs for people of CALD communities and others requiring interpreting services such as people with a hearing impairment.

STRATEGIES

1. To encourage Centres to use qualified interpreters and arrange translators whenever possible and as far as funding will allow.

2. To actively encourage CLCs to prioritise the provision of interpreters in all aspects of their service delivery for members of their CALD communities and those with hearing impairment. 3. To continue to lobby both State and Commonwealth governments to maintain and or increase funds to pay for NAATI accredited interpreters/translators for CLCs. 4. To work collaboratively with the NACLC to monitor Centres level of access to TIS Interpreters funded by the Commonwealth Attorney Generals Department (CCLSP) and to work toward ensuring Centres have permanent unlimited access to TIS resources for the provision of legal advice and casework service and Community Legal Education sessions.

5. To oversee and monitor the allocation of the annual VITS funding managed by Victoria Legal Aid and where appropriate liaise with VLA’s CLC State Program Manager. 6. To regularly monitor the expenditure VITS allocations to individual Centres in order to ensure that funds are expended before 30th June of each year and where appropriate re- allocate surplus funds to other Centres or projects.

7. To monitor State CCLSP TIS budget allocations and liaise with the VLA CLC Program Manager to ensure sufficient funds are available for the continuation of TIS services.

8. To encourage Centres to include the Access to Interpreters and Translations Kit in the orientation program for staff and volunteers and their SSPI Manuals.

9. To encourage Centres to be vigilant in gathering data on the use of interpreters or translators, via the CLSIS or centre specific databases.

10. Encourage training of CLC workers in best practice when working with interpreters (including interpreters for the hearing impaired).

11. To facilitate at least two meetings per annum of representatives from CLCs to discuss sector projects, VITS / TIS expenditure, identify current and future translation and interpreters needs and opportunity for expansion in funding and resources. 12. To liaise with CLEWs to encourage the sharing of resources between CLCs particularly translations of CLE translations.

Chapter 1: Admin procedures 2006 - 6 - Working Group Contact List 2006

Suzy Fox Carol McNair St Kilda CLC RILC Telephone: 9534 0779 Telephone: Email: [email protected] Email: [email protected]

Carmen Tommasi Sue Vincent Flemington & Kensington CLC Peninsula CLC (Frankston Office) Telephone: 9376 4355 Telephone: 9783 3600 Email: [email protected] Email: [email protected]

Maria Georgiou Darebin CLC Telephone: 9489 6321 Email: [email protected]

Bulletin Board System (BBS) Working Group updates are provided in the Access to Interpreters folder on the BBS.

Go to Victoria folder then Vic Sector Development – Access to Interpreters folder is located here.

*** Convenor: Suzy Fox until December 2006. New convenor to be appointed Jan/Feb 2007.

Chapter 1: Admin procedures 2006 - 7 - Meeting and reporting dates for 2006

The Working Group holds meetings bi-monthly. Additional meetings may be held to discuss specific issues such as VITS funding allocations.

Working Group meeting dates will be listed on the BBS – see Access to Intpreterers folder.

We encourage Centre Representatives to attend these meetings particularly Centres that are in the high need category.

General agenda items for 2006 are as follows:

 Tuesday 14th February 2006 – Expenditure and Kit.  Thursday 23rd March – Extra meeting to discuss Expenditure requests and Kit.  Tuesday 9th May 2006 - Reallocations for the current year to 30 June Tuesday 13th of June - review of outstanding amounts if any for 2006. Final decisions made regarding next years allocation – 1st July 2006.  Tuesday 8th August 2006 –Review whether training or research by the group needs to be developed for the Sector.  Tuesday 14th November 2006 - Expenditure reviews are CLCs on track or under spending. If under spending notice to be sent to services. Review of policies. DIMA and TIS funding lobbying.

Meetings for 2007 February, March, May, June, August and November. These meetings will cover the same agenda items as listed in 2006.

Chapter 1: Admin procedures 2006 - 8 - Introduction

Dear CLC Workers & Volunteers,

This is the second version of the kit. The kit provides an overview of the interpreting and translating services available to Centres.

Please assist the Working Group by ensuring that you monitor your expenditure and make effective use of these interpreting and translating resources.

The kit provides strategies for Centres to assist them in identifying specific Culturally and Linguistically Diverse (CALD) groups and those with hearing disabilities, identifying their legal needs and improving access to legal services.

Telephone Interpreting Service (TIS), Victorian Interpreting & Translating Service (VITS) and Vicdeaf contact details and forms have been updated in this kit.

It is important that ALL CLC Workers and Volunteers be conversant with the contents of this kit to ensure that:

 Proper administrative systems have been developed and implemented within Centres.  The issue of access for these communities is a recurrent strategy in all CLC Strategic plans.  Mechanisms to improve and maintain access to all services are reflected in the individual Centre’s Service Standards and Policy and Procedure manuals

Centres will also need to take a proactive approach in monitoring the interpreting and translation resources available to them and to assist in assessing future resource requirements. It is strongly suggested that a staff member be appointed to:

 Act as the official contact person to liase with the Working Group.  Implement and manage the administrative systems and procedures for monitoring the use of interpreters and translations.  Facilitate the collection of up to date demographic data and information on CALD groups in your community to assist in identifying legal needs.  Maintain expenditure records of VITS funding allocation.  Provide reports to the Working Group as requested.  Attend the Working Group meetings or seminars when organised by the group.

We hope that this kit is a useful and informative resource guide and ultimately contributes to improving access to justice for those members of communities from CALD backgrounds and people with a hearing disability.

Chapter 1: Admin procedures 2006 - 9 - We welcome any feedback on the contents of the Kit. Please feel free to contact any member of the Working Group if you wish to discuss any issues relating to the Kit. The Working Group welcomes new members in fact it would be greatly appreciated!

Chapter 1: Admin procedures 2006 - 10 - How to use your VITS allocation

Please read the section below carefully:

The Working Group is becoming increasingly exacerbated by lack of sector knowledge about how Centres should be utilising the bulk of their funding allocation and their responsibilities in ensuring the funding is expended in the priority areas as defined below.

A number of Centres still fail to properly monitor their expenditure or confer with the Working Group when the Centre decides for example to redirect face-to-face interpreting to another area such as translating their Centre pamphlets or client letters.

It is the Centre’s responsibility to ensure specific policies, and procedures are developed which direct your volunteers, and workers in the use and monitoring of your VITS allocation. This will ensure the requirements of funding as defined in this kit are met.

We recommended that your VITS allocation be:

 A regular agenda item at staff meetings and annual planning days and that,  Reference to this Kit is listed in your SSPI Manual.

Applying for New Funding.

If Centres make submissions to funding organisations to undertake a project that will require the use of interpreters or translations, then Centres are responsible for factoring this cost into their submission.

Centres should not automatically assume that additional funds would be made available through VITS funds. This is also applies to TIS refer to Chapter 2 and 6 for the new TIS guidelines.

A potential increase in demand on your Centre’s VITS resources should be discussed with the Working Group as soon as possible.

There are three areas that each CLC can use their Annual VITS allocation. The list below is ranked by priority.

1. Face- to-Face Interpreting 2. Translation of documents 3. Community Legal Education

Chapter 1: Admin procedures 2006 - 11 - Chapter 1: Admin procedures 2006 - 12 - 1. Interpreting

In the first instance, funds allocated to your service are to be used primarily for face-to- face interpreting. A bar has been placed on Centres accessing VITS telephone interpreters as a number of Centres were using VITS instead of TIS.

2. Translations

Whilst CLCs may use a small portion of their VITS allocation for translations. The Working Group will not accept a CLC using all or most of their allocation for translations unless there are exceptional circumstances.

 If a Centre plans to use a large percentage of their allocation on translations, prior to submitting your request you are required to discuss this with the Working Group.

 Special Centre translations: The Working Group is aware that from time to time Centres may need to translate their Centre pamphlets into specific languages as a means to improving access for CALD communities and may need to use part of their allocation to fund translations. The Working Group would view this as a legitimate use of VIT allocations but Centres should first contact the Group prior to undertaking these translations. Alternative areas that you should consider for these type of translations are: community grants via your local council, Philanthropic trusts.

 New funding projects should always include any possible interpreting and translations in your submissions.

 We strongly discourage Centres translating solicitor to client advice letters, this is clearly a misuse of the limited funds available. Translate only in exceptional circumstances.

 We strongly discourage Centres from using funds to translate documents such as birth certificates, or marriage certificates particularly when it is in relation to divorce matters - clients who are on Centrelink benefits are generally exempted from the $550 Family Court fee and are receiving free legal advice from the Legal Centre. Translations should be undertaken only in exceptional circumstances. ( See Family Law Link in Chapter 5)

 We strongly discourage Centres from leaving it until the last months of the financial year to contact the Working Group to advise your remaining funds will be used for translating purposes. Your allocation is primarily based on your expressed need to access on-site interpreters.

Chapter 1: Admin procedures 2006 - 13 -  If it becomes evident through monthly monitoring of expenditure that a Centre is not utilising its allocation for interpreting, then the Working Group will assume your interpreting needs have been miscalculated or your service no longer requires funds set at your current level. The Working Group will accordingly re-evaluate your allocation level, which may result in a portion of your funds, being reallocated to a higher needs Centre.

 Do not submit VITS translation projects in the last week of the financial year - they must be submitted at least four weeks before the 30th of June.

 Inform Working Group members of any translations that your service is considering doing, as these documents may be useful for other CLCs for their CALD community.

3. Community Legal Education (CLE)

Use of VITS money for CLE should generally be used for urgent or unplanned CLE sessions that may have been identified by the Centre or requested from a specific community or organisation. There may also be circumstances where the Centre believes it would be more effective to provide a CLE session in a particular area of law than offer one- on-one-advice sessions. Centres should ensure the bulk of their allocation is not directed to CLE projects.

We strongly encourage Centres that when planning for any new CLE projects you ensure that Interpreting and Translating services have been factored into any submissions. Do not assume that your annual allocation will be sufficient to cover the new project or that your Centre would automatically receive an increase in allocation from the VITS funding to cover these additional costs.

Best practice is to check whether the funding body will cover these costs or before submitting the application check with the Working Group, whether any extra funds are available.

Chapter 1: Admin procedures 2006 - 14 - How to monitor your Expenditure

* Centres need to be aware that the funds managed by the Working Group are not limitless. * Record each time your Centre uses TIS, VITS or Vicdeaf. This is generally done via CLSIS, or via your Centre appointment booking systems. * Note VicDeaf invoices must be sent to Mark Courtney ASAP for payment and a copy must be remitted to Suzy Fox (St.Kilda) for recording on our internal VITS Expenditure statements. * The kit also provides you with an internal reporting form, which should be maintained by your nominated Centre representative. (See Chapter 7 - Forms Section of this kit). This is particularly important for TIS, has moved to fee for service. The Working Group will require your data when lobbying for the retention of this service. An alternative method is to record your usage is via CLSIS. * Keep within your allocated VITS funding – ensure that details of each translation or interpreting job (including cost) are internally recorded – keep a running total. In November/December of each year review your expenditure and consult with staff and start planning for the next six months. * Check your expenditure for accuracy against VITS statements issued by the Working Group. Remember any overspending must now be met by your service. Immediately contact Working Group members if it becomes obvious that there is a risk of overspending your allocation. * Ensure staff and volunteers are familiar with your service’s policies and procedures in relation to interpreters and translations and that all administrative requirements are understood and maintained. * Do not contact the VLA CLC Funding Program Advisor about your allocation or your Centre’s translation/interpreting needs as this area is the responsibility of the Working Group. VLA is only responsible for holding the funds and paying VITS or VICDEAF invoices.

VOCAT applications and claiming interpreting costs

When a CLC undertakes a VOCAT application and an interpreter is required to effectively communicate with the client, Centres should consider their Centre paying the costs upfront and then seeking a reimbursement as part of the client costs when making the VOCAT claim.

As a matter of principle, VOCAT should accept a claim for reimbursement of interpreter and translators fees as a legitimate cost involved in a member of the CALD community making an application for compensation. This will also save you using your VITS allocation.

Centres may elect to initially use an interpreter at the first interview to ascertain whether a VOCAT claim would be successful and then arrange with VITS to charge their Centre direct when future interpreters/translators are required.

Chapter 1: Admin procedures 2006 - 15 - It would prove an administrative nightmare for a Centre to seek reimbursement of costs if the account was to be paid by VLA who administers the VITS allocation payments.

It is assumed that if an interpreter were required at the hearing then VOCAT would automatically provide an interpreter upon the request of the CLC.

Travel costs for Regional and Rural Centres - VITS

The Working Group recently became aware that Centres located 55 kilometres from the CBD are charged travel fees on top of the interpreter booking fee. This has only become known when a Regional Service queried the total costs of a booked appointment.

Therefore, for Centres that falls under this category VITS advised:

When CLCs book an interpreter, they need to stipulate that they require an interpreter that does not require payment for distance travelling.

Peninsula CLC has found this unworkable that if VITS were unable to locate an interpreter in the area, they would automatically send another interpreter who would require travel costs.

This situation was discussed with VITS they advised that:

When making your booking you will need to request that the operator record that you require notification if the booking is going to incur travel costs. You will then be given an option to accept or decline the booking.

TRAVEL FEES

Centres located over 55 kilometres from the CBD may incur travel fees associated with their booking. VITS will provide you with an estimation of travel costs if your Centre or outreach venue is located over 55 kms from the CBD. Please request this and notification when making the initial booking.

The example below shows that travel costs can be more than the actual booking fee.

 Rosebud $60 for kilometres travelled plus $60 mileage, a total of $120  Plus the Interpreter booking fee of $67 (+ gst).  This fee relates to a 1.5 hr appointment; for appointments that exceed 1.5 extra costs are incurred.)

For TIS travel fees, please refer to Chapter 6.

Chapter 1: Admin procedures 2006 - 16 - Chapter 1: Admin procedures 2006 - 17 - TIS,VITS and Vicdeaf differences between these services

This is a brief guide explaining what the three providers can and cannot provide. (For more details, see the chapters dedicated for each service provider located in the kit).

As you are aware CLCs access the following three Interpreting and Translation Services:

 Telephone Interpreting Services (TIS)  Victorian Interpreters and Translators Service Language Link (VITS)  Vicdeaf Services

Main differences between TIS & VITS are:

Availability:  TIS will not attend services AFTER 5pm. VITS will.

On-site booking requirements:  TIS set weekly allocations and you may not be able to obtain an onsite interpreter if their limit has been reached.

 VITS request at least 48 hours for an on-site interpreter to ensure interpreter availability. However, they may be able to accommodate urgent matters depending upon the language.

CLE Sessions:  TIS do not provide Interpreters for CLE sessions funded under the CCLSProgram funding. TIS will charge your service for CLE sessions.  VITS will provide interpreters for CLE sessions however consult your Centre representative or the Working Group before using these funds.

Translations:  TIS do not undertake translations (all their work is now outsourced).  CLC translations can be done via VITS. Consult your Centre representative or the Working Group before submitting translations.

Settlement Service for permanent visa holder & Australian Citizens:  TIS provides a free interpreting service to certain English speaking individuals and groups in the community who provide settlement related services to permanent visa holders (that is, permanent residents) and Australian citizens who do not speak English. (See TIS chapter for more details).

 Temporary Protection Visa holders (TPV) may be excluded from using TIS, as these citizens do not hold a permanent visa. If in doubt about TPV or Asylum seekers accessing interpreters, please contact members of the Working Group.

Chapter 1: Admin procedures 2006 - 18 - Auslan Interpreters

 VITS has a limited number of Auslan interpreters. We recommend booking VITS in the first instance. If VITS cannot provide you with an interpreter then contact Vicdeaf. (Please refer to Vic Deaf invoice conditions in this kit).

Using Accredited Interpreters - NAATI

VITS provide qualified legal interpreters and operate an internal training unit, which meets the National Accreditation Authority for Translators and Interpreters (NAATI) accreditation. VITS interpreters are required to complete the specialist Legal Interpreting Training Course aimed at enhancing their knowledge of the legal system, legal terminology, court procedures and interpreting techniques. When accessing an interpreter through VITS, Centres will be provided with appropriately trained workers.

TIS contract interpreters who have NAATI accreditation. They provide either Level 2 or Level 3 interpreters. Level 2 interpreters would be either para-professional and/or competent in general interpreting work but not specifically court work or complicated legal terminology. Level 3 interpreters would need to be engaged for this type of interpreting. If Level 3 interpreters are not available, Level 2 interpreters should be adequate to interpret for legal appointments. Anything complex of course would require a Level 3.

You should also take into account that you may have difficulty in accessing interpreters with respect to rare languages, and consequently the interpreters may not be very experienced in legal terminology. When in doubt it is always best to check with the service provider before engaging an interpreter.

Whilst accreditation is important, as with all professions there are workers more skilled than others and those that you may have developed a rapport with. A number of Centres have identified interpreters that they prefer to work with and tend to request particular interpreters. However you should bear in mind this may depend upon the availability of the interpreter at the time.

(For detailed information about best practice when utilising interpreter and translation services see Chapter 5 of this kit.)

Chapter 1: Admin procedures 2006 - 19 -