Translating and Interpreting - Draft 2

PSPTIS144 Use complex legal terminology in two languages_Draft 2

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Unit application and prerequisites

UNIT CODE

PSPTIS144

UNIT TITLE

Use complex legal terminology in two languages

APPLICATION

This unit describes the performance outcomes, skills and knowledge required to understand and use complex legal terminology in in two languages sufficient to interpret between the two languages in complex dialogue or monologue settings in specialist legal, judicial and policing contexts.

 

This unit applies to those working as interpreters in a range of complex legal, judicial and policing contexts. The interpreter may be required to interact with members of the general public interacting with police, lawyers, the judiciary and court staff.

 

Complex settings are those involving specialised subjects requiring a high level of subject knowledge, or intense assignment specific preparation. The elements of the setting, or the number of parties involved may limit the interpreter from managing the interaction. Interpreting may be completed onsite or remotely. Interpreting in this setting typically requires high levels of accuracy and accountability and assignments involving formality, or participants with high status and accountability. The content of communication may not easily be predicted or planned for, and there are limited opportunities for error correction. The consequences of errors in communicative intent can have significant implications.

 

The skills in this unit must be applied in accordance with Commonwealth and State or Territory legislation, Australian Standards and industry codes of practice.

 

No occupational licensing, certification or specific legislative requirements apply to this unit at the time of publication.

PREREQUISITE UNIT

Nil

COMPETENCY FIELD

 

UNIT SECTOR

 

3 Comments

Parameters of linguistic competence

"The definition of a complex setting is: 'The PHYSICAL elements of the setting, or the number of parties involved, LIMIT the interpreter from managing the interaction'. Please correct."

Heather Glass 06.06.2022 10.48AM

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NOT interpreting competence

"It should be remembered that the benchmark of competence in this unit is 'lower' than for the transfer units. Training for this unit builds ability to switch between languages. It does NOT require commensurate competence in accuracy. Accuracy is the province of the transfer units. This unit is a building block to transfer; it is about the nature of discourse and the ability to seamlessly switch between languages."

Heather Glass 06.06.2022 10.47AM

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Unit title

"The title of this unit and the question in the Validation Guide whether 'in interpreting' should be removed point to a degree of misunderstanding about the unit and what it describes. This unit and its Dip counterpart, and those in both qualifications relating to health, education and the law, are all units in need of improvement. Apart from separating duplication of KE out of the education, health and law Adv Dip units, amendments are needed to make it crystal clear that the units are about the ability to switch between languages in the context of particular types of discourse. Changes proposed in the unit and in the Validation Guide indicate that understanding has degenerated to the units being only about words in two different languages. Nothing could be further from the original intention. These units were developed at some speed in 2015, and so are not as well worded as they could be. Either we need to expand the word 'terminology' to 'vocabulary and expressions', or we need to define the word 'terminology' to be understood as 'vocabulary and expressions in the discourse of...' What about something like 'Use two languages in interpreting complex discourses in legal contexts'?"

Heather Glass 06.06.2022 10.47AM

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Elements and performance criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

  1. Identify the context of legal terminology.
    1. Identify key features of the legal and judicial system, including key people and structures.
    2. Identify the elements and nature of interaction specific to complex communication in formal legal, judicial and policing contexts.
    3. Identify social, cultural and professional conventions and interpersonal and institutional dynamics of two languages appropriate to legal and judicial contexts.
    4. Outline the role and responsibilities of interpreters and others in legal, judicial and policing contexts.
    5. Explain the consequences of oral or signed rendition of fixed texts and use of incorrect legal terminology.
  1. Extend understanding of legal terminology.
    1. Recognise and explain complex legal terminology and key legal concepts and processes in two languages.
    2. Establish standard translations for fixed text encountered in policing and judicial contexts that correctly reflect underlying common law principles.
    3. Research and increase knowledge of complex legal terminology in two languages.
    4. Use intelligible pronunciation or signed production of complex legal terminology.
  1. Use appropriate oral or signed communication in legal contexts.
    1. Receive and understand oral or signed questions and answers using complex legal terminology in two languages.
    2. Seek advice to clarify correct use and meaning of terms and associated processes.
    3. Use a range of complex legal vocabulary and expressions in two languages.
    4. Use prosodic features, gestures and body language appropriate to the legal, judicial and policing context.

5 Comments

PC 3.3

"Amend to: Use a range of complex legal vocabulary and expressions in two languages when interpreting"

Heather Glass 06.06.2022 10.50AM

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PC 3.1

"Amend to: Receive and understand oral or signed communication using complex legal vocabulary and expressions in two languages"

Heather Glass 06.06.2022 10.49AM

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Element 3

"Use appropriate oral or signed communication in interpreted discourse"

Heather Glass 06.06.2022 10.49AM

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PC 2.3

"Amend to: Research and develop knowledge of complex legal vocabulary and expressions in two languages"

Heather Glass 06.06.2022 10.49AM

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Element 1

"Amend to: Identify the context of the discourse"

Heather Glass 06.06.2022 10.48AM

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Foundation skills

FOUNDATION SKILLS

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.

UNIT MAPPING INFORMATION

Supersedes and is not equivalent to PSPTIS093 Use complex legal terminology in interpreting (LOTE-English).

LINKS

Companion Volume Implementation Guide

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Performance evidence

TITLE

Assessment Requirements for PSPTIS144 Use complex legal terminology in two languages.

PERFORMANCE EVIDENCE

Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and:

  • use complex legal terminology in two languages on at least two occasions, one in each language, including:
    • recognising and using social, cultural and professional conventions applicable to the languages being used in a complex legal or policing setting, including:
      • customs, protocols and taboos
      • language varieties
      • idiom and colloquialisms
      • consistent use of forms of address.

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Knowledge evidence

KNOWLEDGE EVIDENCE

Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:

  • areas of law
  • hierarchy of courts and tribunals
  • role of legal professionals in the legal system
  • information sources for increasing complex legal knowledge and terminology
  • key documentation relevant to complex policing, legal and judicial processes
  • interpreter role in the preparation of affidavits and other legal documentation and legal cases
  • legal and financial consequences of incorrect interpreting
  • legal principles relating to the role of the interpreter, including the right of a defendant to be ‘linguistically present’
  • legal privilege
  • legal systems including common law and code law
  • lower court, civil and administrative tribunals and routine legal processes
  • relevant legislation, government policies and court guidelines
  • upper court, review tribunals and complex legal processes
  • legal and financial consequences of incorrect interpreting
  • fundamental principles of the Australian legal system, including fair justice
  • nature and structure of interpersonal and institutional dynamics relevant to legal, judicial and policing contexts
  • admission of evidence
  • legal discourse and the strategic use of language in legal settings
  • impact of interpreting choices on legal outcomes
  • follow up with correctional services
  • outcomes of the judicial process
  • WHS relevant to working in complex legal, judicial and policing contexts, including personal safety and fatigue.

3 Comments

Volume of knowledge

"The KE duplicate the Diploma KE in every respect but seven items, of which four of the Adv Dip items are probably duplications as indicated below. In other words, the differentiation between Dip and Adv Dip units is minimal to non-existent. At present, this does not appear to be a valid unit, though intuitively, there should be significant difference between Dip and Adv Dip level KEs. If it CAN be demonstrated there are sufficient differences to justify two units, then, the K E for the Dip must be needed as a basis for the KE for the Adv Dip. As there are 25 nominal hours against each of the Dip and Adv Dip units, either the nominal hours for this unit will need to be doubled - a decision over which SkillsIQ and the TAC have no control - or the Dip unit needs to be pre-req for this unit. "

Heather Glass 06.06.2022 10.58AM

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Another duplication?

"What is the difference between these? nature and structure of interpersonal and institutional dynamics relevant to legal, judicial and policing contexts; legal discourse and the strategic use of language in legal settings"

Heather Glass 06.06.2022 10.46AM

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Duplication?

"Are these the same thing? legal and financial consequences of incorrect interpreting; impact of interpreting choices on legal outcomes"

Heather Glass 06.06.2022 10.46AM

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Assessment conditions

ASSESSMENT CONDITIONS

Skills must be demonstrated in a workplace or simulated environment that reflects workplace conditions.

 

Assessment must ensure access to:

  • case studies or examples of diverse interpreting assignments in complex dialogue or monologue settings in specialist legal, judicial or policing contexts.

 

Assessors must satisfy the Standards for Registered Training Organisations’ requirements for assessors.

LINKS

Companion Volume Implementation Guide

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