OFFICE OF THE NORTHERN TERRITORY ANTI-DISCRIMINATION COMMISSIONER Dawn Lawrie JP Commissioner The Hon Denis Burke MLA Attorney General Parliament House State Square Darwin NT 0800 &~) Dear Attorney I have pleasure in presenting my report on the "Inquiry into the Provision of an Interpreter Service in Aboriginal Languages by the Northern Territory Government", pursuant to S.13{1}(f) of the NT Anti-Discrimination Act 1992. I commend the report to you. Yours sincerely t DAWN LAWRIE 29 July 1999 LMB 22 GPO Darwin NT 0801 Telephone & TIT: (08) 89 813 813 Freecall: 1800 813846 • Fax: (08) 89 813 812 OFFICE OF THE NORTHERN TERRITORY ANTI-DISCRIMINATION COMMISSIONER Dawn Lawrie JP Commissioner Author's note The style I have adopted in writing this report is unusual in its presentation and use of anecdotal evidence. I ·felt it was necessary to portray, so far as possible in their own words, the disadvantage faced by Aboriginal people in the Northern Territory because of their lack of access to interpreters. The two main areas of concern, health and legal services, are the focus of this report. I would like to thank the many people who provided evidence to the Inquiry, I hope their faith in this process is fulfilled. I would also like to thank Ms Sharon Woon, who worked as project officer. Her assistance throughout the term of the Inquiry has been invaluable. My thanks too, to Karyn Jessop and Somsong Abert who between them have prepared the report for publication. Without them - it would not have been possible. DAWN LAWRIE 29 July 1999 LMB 22 GPO Darwin NT 0801 Telephone & TIY: (08) 89 813 813 Freecall: 1800 813846 • Fax: (08) 89 813 812 CONTENTS PAGE NO INTRODUCTION 1 CONDUCT OF THE INQUIRY 1 - 2 BACKGROUND 2-5 INDICATORS OF DISADVANTAGE 5-6 INTERNATIONAL HUMAN RIGHTS LAW 6 - 7 AUSTRALIAN LAW 7-8 NT ANTI-DISCRIMINATION ACT 8 - 13 TERMS OF REFERENCE OF THE INQUIRY 14- 63 CONCLUSIONS 64- 65 RECOMMENDATIONS 66 APPENDICES APPENDIX 1: SUMMARY OF ORGANISATIONS PROVIDING SUBMISSIONS APPENDIX 2: RELATED REPORTS ON INTERPRETER SERVICES APPENDIX 3: DR PJ CARROLL 1995 REPORT TO OAD APPENDIX 4: DRAFT REPORT OF 1997 TRIAL SERVICE APPENDIX 5: PUBLISHED EVALUATION REPORT APPENDIX 6: MAJOR ABORIGINAL LANGUAGES IN THE NT BIBLIOGRAPHY DRMCOOKE ANGLO/YOLNGU COMMUNICATION COOKE & WILEY "GUIDELINES TO ASSESS THE NEED FOR ·AN INTERPRETER" 1996/97 TERRITORY HEALTH SERVICES ANNUAL 1997/98REPORTS 1997/98 DIRECTOR OF PUBLIC PROSECUTIONS ANNUAL REPORT 1997/98 NT POLICE, FIRE, AND EMERGENCY SERVICES ANNUAL REPORT 1997/98 NT CORRECTIONAL SERVICES ANNUAL REPORT 1996 AUSTRALIAN BUREAU OF STATISTICS - AUSTRALIA IN PROFILE - A REGIONAL ANALYSIS INTRODUCTION Following oral and written representations from a number of relevant organisations to the Anti-Discrimination Commissioner, the Public Inquiry into the provision of interpreter services in Aboriginal languages was undertaken pursuant to section 13(1)(!) of the NT Anti-Discrimination Act 1992. The terms of reference of the Inquiry are: 1. IF THERE IS A NEED FOR AN ABORIGINAL SERVICE. 2. IF ABORIGINAL PEOPLE ARE DISADVANTAGED IN ACCESSING GOVERNMENT SERVICES AND FACILITIES WITHOUT. INTERPRETERS. 3. HAVING PARTICULAR REGARD TO LEGAL AND MEDICAL SERVICES, THE EXTENT OF ANY DISADVANTAGE OR LESS FAVORABLE TREATMENT DUE TO THE LACK OF A INTERPRETER SERVICE. 4. THE FEASIBILITY OF ESTABLISHING A PERMANENT INTERPRETER SERVICE. 5. HOW SUCH A SERVICE WOULD BE PROVIDED CONSIDERING FACTORS SUCH AS: • TRAINING OF BOTH INTERPRETER SERVICE AND USERS • ACCESS AND AVAILABILITI (EG GEOGRAPHICAL SERVICES, OPERATING TIMES, AVAILABILITI TO GOVERNMENT AND OTHER AGENCIES). • NUMBER OF LANGUAGES · • COST (INCLUDING SAVINGS BECAUSE OF PROBLEMS WITH CURREl'IT IACK OF ACCESS) 6. WHETHER THERE ARE ALTERNATIVE OR ADDITIONAL MEANS OF PROVIDING EQUAL ACCESS TO SERVICES AND FACILITIES. CONDUCT OF THE INQUIRY The Public Inquiry commenced in February 1999 and was advertised throughout the Northern Territory. It attracted wide public interest with submissions received from government; the judiciary; and legal, health, and community service providers. - 1 - Public hearings to receive oral submissions for the Inquiry were conducted in Darwin and throughout the regional centres during May 1999. While it would have been appropriate to visit remote communities to receive oral submissions to the inquiry, resourcing implications and time did not allow for this to occur. Representations and submissions from remote communities, where possible were made at the public hearings in Alice Springs, Katherine, Jabilu, Nhulunbuy and Tennant Creek. A list of individuals and organisations who provided submissions to the Inquiry forms part of this report. BACKGROUND Twenty years ago pioneering Aboriginal linguist Gloria Brennan wrote a report investigating and addressing the need for an Aboriginal interpreting service, concluding there was a real and urgent need for such a service. She referred to the: "..... desperate need for both interpreting and translation services in the NT. Trained, highly qualified, spec(alised interpreters should be obligatorily attached to all hospitals, courts (magistrates and supreme), police stations." (Brennan 1979:19) Over the past two decades numerous studies have been undertaken by linguists, anthropologists and other relevant experts to assess linguistic communication with indigenous language speakers in the Northern Territory, and the impact of cross cultural communication with Aboriginal and non-Aboriginal people in accessing services and facilities. The studies have addressed the feasibility of providing interpreter services in key indigenous languages and a nnmber of recommendations have been made. In 1994 the government of the day gave an electoral undertaking "to develop a technical interpreter/translator service within all service delivery departments commencing with Health and Community Services and Education". Following on from the electoral undertaking, in 1995 the Office Of Aboriginal Development (OAD) and the Sub-committee on Public Safety and Social Development engaged Dr Peter Carroll (a Linguist with the National Accreditation Authority for Translators an.d Interpreters - NAATI) to prepare a report whereby this policy could be implemented. This report titled "Enhanced Communication with Aboriginal people" identified action plans for the development of interpreter services, highlighting the need in the health and justice systems. -2- A working group was established by the Chief Executive Officer of the NT Attorney General's Department to implement OAD's action plan, with representatives from OAD, NT Police, Office of the Director of Public Prosecutions, Office of Courts Administration, Territory Magistrates, (NAAIAS) and linguist Dr Michael Cooke. Following the Working Group's recommendation in March 1996, funding was made available by the Commonwealth Attorney Generals Department to conduct a trial service from funds set aside for the implementation of recommendations from the Royal Commission Into Aboriginal Deaths In Custody (RCIADIC). As a consequence of this an Aboriginal Languages Interpreter Service was trialled in the Top End between 6 January and 30 June 1997, focussing predominantly on health and legal services. ,:--.:7 The trial addressed four key issues: \''•::jj (a) whether there exists a need for such a service (b) the feasibility of establishing a permanent service (c) the most effective means by which a service might be run and (d) how much it is likely to cost. A report entitled "Executive Summary Northern Territory Aboriginal Languages Interpreter Service Trial Evaluation Report" was circulated to working party members and proponents of Aboriginal interpreter services throughout Darwin. The findings of the trial service working group were made very clear in the draft report, it highlighted the necessity for such a service and recommended it be administered through, the existing NTITS service, which would be both cost effective and consistent with the Government's position on the mainstreaming of service delivery to Aboriginal people. The draft report made the following responses to the key issues addressed in the trial service questions; "a) whether there exists a needfor such a service? • yes, qualitative and quantative data related to the Trial strongly supports the needfor such a service b) the feasibility of establishing a permanent Service • the establishment of a permanent service is certainly feasible and it's cost effectiveness evident (as detailed in the draft report) -3- c) the most effective means by which a Service might be run and, the most cost effective means by which to operate such a service is as part of the existing Territory Government NT Interpreter and Translator Service (NTITS). d) how much it is likely to cost? • the working party recommends the cost of delivery of the service through NTITS (based on cost of the trial service and anticipated usage) at a cost of $370,000. • the report reveals that the potential cost to governmeT!t of not providing and accessing interp,eters in Aboriginal Languages far exceeds the ~:) cost ofproviding theTTL" Sometime later, in May 1998, a final report was published by the Northern Territo:ry Attorney General's Department titled 'Trial Aboriginal Languages Interpreter Service - Evaluation Report'. The integrity of that published report has been questioned by members of the working group and proponents of an interpreter service. Due to the relevance of the draft report's recommendations to the terms of reference to this Inqui:ry, copies of