Australian Capital Territory Consolidated Acts

EVIDENCE ACT 1971 - SECT 63A

    (1)     In a proceeding, if a party or a witness is—

        (a)     unable to communicate effectively in English; or

        (b)     unable to hear, or to speak, effectively;

the court shall permit the party or witness to be assisted by a competent interpreter, subject to subsection (2).

    (2)     A court shall not permit a party or a witness in a proceeding to be assisted by an interpreter if the court considers that it would not be in the interests of justice to do so.

    (3)     A competent interpreter shall be provided for subsection (1) by—

        (a)     for a criminal proceeding—the prosecutor; or

        (b)     in any other case—the party requiring the assistance of the interpreter, or the party whose witness requires that assistance, as the case may be.

    (4)     In this section:

"competent interpreter", in relation to assistance required by a party or a witness, means any person competent to provide assistance of the type required.