NAATI - Request for translation in evidentiary format (affidavit) suitable for presentation in court
Thread poster: DJHartmann

DJHartmann  Identity Verified
Australia
Member (2014)
Thai to English
+ ...

MODERATOR
Oct 23

I have received a translation for a legal matter that will be presented as evidence in court by the Australian NSW Police.

The detective mentioned that the translation should be completed in an evidentiary format (i.e. affidavit) suitable for presentation in court.

Upon asking the detective for a template to use, he mentioned that I should contact NAATI and that translations in this format were quite common.

Speaking to the NAATI manager, this was not something they could provide or had any knowledge of.

Would someone here be able to point me in the right direction for this matter? A template or example would be perfect.

Thank you,


DJH


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Guofei_LIN
China
Local time: 18:19
Download from internet Oct 23

In Queensland, we can download the affidavit form from internet (http://www.courts.qld.gov.au/about/forms), print it out, and go to a JP to do the affidavit. It probably will take you an hour or so to visit a JP (who is free) or a solicitor (who is not free) to do this, so you will want to include this in the cost.

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DJHartmann  Identity Verified
Australia
Member (2014)
Thai to English
+ ...

MODERATOR
TOPIC STARTER
Thanks! Oct 23

I found some templates on the NSW Department of Justice website: http://www.ucprforms.justice.nsw.gov.au/

Can you please confirm that this will be suitable?

http://www.ucprforms.justice.nsw.gov.au/Documents/DOC/ucpr_form_41_v3.doc

The JP just has to witness something, or must I add anything to the affidavit form?

Cheers,

DJH


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José Henrique Lamensdorf  Identity Verified
Brazil
Local time: 08:19
English to Portuguese
+ ...
Three magic words in the USA Oct 23

Boiling it down to the essentials...

In Brazil - where I live - it's the law: any document issued in a foreign language MUST be accompanied by its corresponding sworn translation, otherwise it cannot be accepted for any legal/official purpose.

I and a NAATI-certified Brazilian colleague living in Australia rummaged the AU-gov't web sites, and our conclusion was that while they recommend translations for legal/official purposes to be done by NAATI-certified translators, they'll accept any translation deemed "official" in the country where the original document was issued. Australia has been accepting my Brazilian sworn translations into English without a hitch.

In the USA they use certified translations. Each entity is empowered to determine the credentials - if any - required from the translator who will do them taking liability for their accuracy, and signing before a notary public.

When I was starting out as a sworn translator, back in 2000, a friend - who was the head of translation services at the Brazilian Embassy in Washington, DC - advised me that the essential requirement for certified translations in the USA was that they included the three magic words, the closing phrase usually being:
I certify that the preceding is a complete, true, and faithful rendering into English of the document as it was presented.

So far, this has worked in every English-speaking country my sworn translations have been taken to. Everything else is merely protocol.


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Nikki Scott-Despaigne  Identity Verified
Local time: 11:19
French to English
General suggestions Oct 23

Generally speaking, a translator's job is to translate the source document in accordance with the presentation of the original.
I do not understand why you are being asked to present your translation in "affadavit" form. What type of affadavit in particular anyway, as there are several forms of affadavit. What precisely are you being asked to do? Are you being expected to change the presentation of the original to fit some other requirement? That seems strange, to say the least. Yes, as translators, we have to follow a client's instructions, but does that mean altering the original presentation? I suspect not and in view of the particular context, it is not a responsibility I would accept, even with good insurance!

I suspect that your client is simply meaning that you have to add the form of words (probably including your stamp and signature, etc.) required for a certified/sworn translation.

[Edited at 2017-10-23 09:42 GMT]


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QUOI  Identity Verified

Chinese to English
+ ...
Statutory Declaration Form Oct 23

The document you have downloaded is Affidavit of Service. It's not for you. It's for a person who serves legal documents (process server). You need a Statutory Declaration Form for this purpose. Visit here to download:
http://www.jp.nsw.gov.au/justices-of-the-peace/information-for-jps/performing-your-role-as-a-jp/nsw-statutory-declaration

Basic information for you to include in the Stat Dec should be something like:

I make oath and say/affirm that:

1. I am a NAATI certified professional translator in xxx language and xxx language. My registration number is xxxxx

2. I am competent to translate [document title etc.] relating to [name of the person].

3. I translated the source document written in the xx language, attached as annexure “A”, into the English language, and that the translation, attached as annexure “B”, is a true and correct translation of the said document.

Take it to a JP for signature. Keep a copy for yourself and send the original to whomever. It's quite a common requirement and I do it regularly.


DJHartmann wrote:

I found some templates on the NSW Department of Justice website: http://www.ucprforms.justice.nsw.gov.au/

Can you please confirm that this will be suitable?

http://www.ucprforms.justice.nsw.gov.au/Documents/DOC/ucpr_form_41_v3.doc

The JP just has to witness something, or must I add anything to the affidavit form?

Cheers,

DJH


[Edited at 2017-10-23 09:58 GMT]


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Nikki Scott-Despaigne  Identity Verified
Local time: 11:19
French to English
@QUOI Oct 23

There you go. That said, these are for interpreting in court, not for translation, but it certainly gives an indication of the form of words required. I note that these are suggested forms of words and not compulsory anyway. Chances are that for translations, there is no one set form of words either.

[Edited at 2017-10-23 09:46 GMT]


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QUOI  Identity Verified

Chinese to English
+ ...
Misconception about NAATI Oct 23

Your colleague is quite right to come to this conclusion. When it comes to NAATI, most people think it is a government agency which regulates the translation and interpreting industry in Australia. Well, it is neither a government authority nor a regulatory body. Its business name is quite misleading in fact. It now carefully calls itself “the only standards body in Australia”.
So it is official by default.
There is no law to stipulate that one has to have a NAATI accreditation number to provide “official” translation although many official agencies i.e. court, immigration, police etc.. are inclined to accept work provided by a NAATI translator/interpreter.


José Henrique Lamensdorf wrote:

I and a NAATI-certified Brazilian colleague living in Australia rummaged the AU-gov't web sites, and our conclusion was that while they recommend translations for legal/official purposes to be done by NAATI-certified translators, they'll accept any translation deemed "official" in the country where the original document was issued. Australia has been accepting my Brazilian sworn translations into English without a hitch.



[Edited at 2017-10-23 10:35 GMT]


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Vanda Nissen  Identity Verified
Australia
Local time: 20:19
Member (2008)
English to Russian
+ ...
A template Oct 23

DJHartmann wrote:

I found some templates on the NSW Department of Justice website: http://www.ucprforms.justice.nsw.gov.au/

Can you please confirm that this will be suitable?

http://www.ucprforms.justice.nsw.gov.au/Documents/DOC/ucpr_form_41_v3.doc

The JP just has to witness something, or must I add anything to the affidavit form?

Cheers,

DJH

I would suggest using the below form as an example, update it with your details and then ask the detective to confirm if it is acceptable.
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/affidavits/form-affidavit-trans-marriage-cert

Once approved, you will need to take it to the JP.


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Tina Vonhof  Identity Verified
Canada
Local time: 03:19
Member (2006)
Dutch to English
+ ...
Templates Oct 23

DJHartmann wrote:

I found some templates on the NSW Department of Justice website: http://www.ucprforms.justice.nsw.gov.au/

Can you please confirm that this will be suitable?

http://www.ucprforms.justice.nsw.gov.au/Documents/DOC/ucpr_form_41_v3.doc

The JP just has to witness something, or must I add anything to the affidavit form?

Cheers,

DJH


I have done many translations for use in court and government departments. I can send you a copy of my own template as an example if you like. I attach this to the front of the translation and put my stamp and initials on each page. Some organizations/courts may require that you have such a statement (in abbreviated form) at the bottom of every page. I have a template for that as well. In Canada you have to have to be accredited by a court or official translators organization but in Australia that may not be necessary. If you have it signed by a JP that may be sufficient. Each country, state, or province has its own requirements.


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DJHartmann  Identity Verified
Australia
Member (2014)
Thai to English
+ ...

MODERATOR
TOPIC STARTER
Thank you to everyone Oct 23

This is very helpful, thanks a lot!

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DJHartmann  Identity Verified
Australia
Member (2014)
Thai to English
+ ...

MODERATOR
TOPIC STARTER
Suggested wording Oct 26

It appears the NSW JP website also provides suggested wording for interpreters (we can adjust this for translation, I assume):

http://www.jp.nsw.gov.au/justices-of-the-peace/information-for-jps/performing-your-role-as-a-jp/nsw-statutory-declaration

Suggested wording for declaration by an accredited interpreter


1. I am a qualified interpreter in [name of language]. My qualification to interpret is [relevant qualifications]. I am competent to interpret between the English language and the [other] language.
2. On [date] I attended at [premises] with [name of JP] (the Justice of the Peace) and [name of declarant] (the declarant) for the purpose of providing interpreting services to enable the declarant to make a statutory declaration.
3. I spoke to the declarant in the [name of language] language and I established that this is [his/her] customary language.
4. Before the declarant signed the statutory declaration, I truly interpreted, to the best of my skill and ability:
• the contents of the statutory declaration (annexed and marked ‘A’) which were read aloud to the declarant by the Justice of the Peace;
• the warning provided to the declarant by the Justice of the Peace; and
• the questions that the Justice of the Peace asked the declarant.
5. Before the declarant made the statutory declaration, I truly interpreted, to the best of my skill and ability, the declarant’s responses from the [declarant’s language] to the English language.
6. I do not have a personal relationship with the declarant.
7. Other than payment for professional service, I receive no financial or other benefit from the matters to which the declarant’s statutory declaration relates.


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DJHartmann  Identity Verified
Australia
Member (2014)
Thai to English
+ ...

MODERATOR
TOPIC STARTER
Federal Circuit Court of Australia Affidavit Oct 26

I've just had another client request the same thing.

This client is a solicitor and asked me to use the Federal Circuit Court of Australia Affidavit found here:

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/forms-and-fees/court-forms/form-topics/Privacy/

They were happy with the wording that QUOI gave earlier:

1. I am a NAATI certified professional translator in xxx language and xxx language. My registration number is xxxxx

2. I am competent to translate [document title etc.] relating to [name of the person].

3. I translated the source document written in the xx language, attached as annexure “A”, into the English language, and that the translation, attached as annexure “B”, is a true and correct translation of the said document.


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QUOI  Identity Verified

Chinese to English
+ ...
Not relevant to your situation Oct 26

If you are assisting the JP to interpret for a non-English speaking person in relation to signing a statutory declaration (not yours), then use these proforma blurbs.


DJHartmann wrote:

It appears the NSW JP website also provides suggested wording for interpreters (we can adjust this for translation, I assume):

http://www.jp.nsw.gov.au/justices-of-the-peace/information-for-jps/performing-your-role-as-a-jp/nsw-statutory-declaration

Suggested wording for declaration by an accredited interpreter


1. I am a qualified interpreter in [name of language]. My qualification to interpret is
nt qualifications]. I am competent to interpret between the English language and the [other] language.
2. On [date] I attended at [premises] with [name of JP] (the Justice of the Peace) and [name of declarant] (the declarant) for the purpose of providing interpreting services to enable the declarant to make a statutory declaration.
3. I spoke to the declarant in the [name of language] language and I established that this is [his/her] customary language.
4. Before the declarant signed the statutory declaration, I truly interpreted, to the best of my skill and ability:
• the contents of the statutory declaration (annexed and marked ‘A’) which were read aloud to the declarant by the Justice of the Peace;
• the warning provided to the declarant by the Justice of the Peace; and
• the questions that the Justice of the Peace asked the declarant.
5. Before the declarant made the statutory declaration, I truly interpreted, to the best of my skill and ability, the declarant’s responses from the [declarant’s language] to the English language.
6. I do not have a personal relationship with the declarant.
7. Other than payment for professional service, I receive no financial or other benefit from the matters to which the declarant’s statutory declaration relates.




[Edited at 2017-10-26 05:25 GMT]


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QUOI  Identity Verified

Chinese to English
+ ...
Additional cost Oct 26

Depending on how easy or difficult it is for you to access a JP. I normally add $20 on top of my normal translation fee but I have a JP in the same building. Your situation may be different.


DJHartmann wrote:

I've just had another client request the same thing.

This client is a solicitor and asked me to use the Federal Circuit Court of Australia Affidavit found here:

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/forms-and-fees/court-forms/form-topics/Privacy/

They were happy with the wording that QUOI gave earlier:

1. I am a NAATI certified professional translator in xxx language and xxx language. My registration number is xxxxx

2. I am competent to translate [document title etc.] relating to [name of the person].

3. I translated the source document written in the xx language, attached as annexure “A”, into the English language, and that the translation, attached as annexure “B”, is a true and correct translation of the said document.


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NAATI - Request for translation in evidentiary format (affidavit) suitable for presentation in court

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