County Court (Chapter III Interpreters and Filing of Documents Amendment) Rules 2025 (Vic)
County Court (Chapter III Interpreters and Filing of Documents Amendment) Rules 2025
S.R. No. 112/2025
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Definitions
6New Rule 1.06.1 inserted
7Rule 1.13 amended
8New Rules 2A.21A and 2A.21B inserted
9New Order 2B inserted
10New Form 2I inserted
11Form 3A amended
12Form 3C amended
13Form 5BC amended
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Endnotes
STATUTORY RULES 2025
S.R. No. 112/2025
County Court Act 1958
County Court (Chapter III Interpreters and Filing of Documents Amendment) Rules 2025
A majority of the Judges of the County Court makes the following Rules:
1Object
The object of these Rules is to amend Chapter III of the Rules of the County Court—
(a)to provide for the use of interpreters;
(b)to provide for irregular documents not to be filed and for scandalous matter contained in documents to be struck out; and
(c)to amend certain Forms—
(i)to update an outdated telephone number; and
(ii)to provide for those Forms to record whether certain persons are Aboriginal or Torres Strait Islander.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 1 November 2025.
4Principal Rules
In these Rules, the County Court Criminal Procedure Rules 2019[1] are called the Principal Rules.
5Definitions
In Rule 1.05 of the Principal Rules insert the following definition—
"DPP means the Director of Public Prosecutions for Victoria;
Note
For the application of these Rules to the Director of Public Prosecutions for the Commonwealth, see Rule 1.13.".
6New Rule 1.06.1 inserted
After Rule 1.06 of the Principal Rules insert—
"1.06.1 Irregular documents and documents containing scandalous matter
(1)Where a document for use in the Court is not prepared in accordance with these Rules or any order of the Court—
(a)the Registrar may refuse to accept it for filing without the direction of the Court;
(b)the Court may order that the party responsible shall not be entitled to rely upon it in any manner in the proceeding until a document which is duly prepared is made available.
(2)The Court may direct the Registrar to accept a document for filing.
(3)Where a document for use in the Court contains scandalous, irrelevant or otherwise oppressive material, the Court may order—
(a)that the material be struck out; or
(b)if the document has been filed, that it be taken off the file.".
7Rule 1.13 amended
(1)For the heading to Rule 1.13 of the Principal Rules substitute—
"Application of Rules to the Commonwealth DPP".
(2)In Rule 1.13 of the Principal Rules, for "Commonwealth DPP" substitute "Director of Public Prosecutions for the Commonwealth".
8New Rules 2A.21A and 2A.21B inserted
After the heading to Part 4 of Order 2A of the Principal Rules insert—
"2A.21A These Rules—Rule 1.06.1
(1)A judicial registrar may constitute the Court for the purpose of exercising a power of the Court under Rule 1.06.1.
(2)Without limiting paragraph (1), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court under another provision of this Order.
(3)When a judicial registrar constitutes the Court in accordance with paragraph (1), the powers of the Court under Rule 1.06.1 are delegated to the judicial registrar.
2A.21BThese Rules—Order 2B
When a judicial registrar constitutes the Court in accordance with this Order, the powers of the Court under Order 2B are delegated to the judicial registrar.".
9New Order 2B inserted
After Order 2A of the Principal Rules insert—
"ORDER 2B—INTERPRETERS
2B.01Definitions
In this Order, unless the context or subject matter otherwise requires—
accredited interpreter, in relation to an other language, means an interpreter who is accredited, registered or recognised as an interpreter for the language by the recognised agency;
Code of Conduct means the court interpreters' Code of Conduct in Form 2I;
interpret means the process by which spoken or signed language is conveyed from one language to another orally;
other language means a spoken or signed language other than English;
recognised agency means the National Accreditation Authority for Translators and Interpreters (NAATI);
sight translate means the process by which an interpreter or a translator presents a spoken interpretation of a written text;
translate means the process by which written language is conveyed from one language (the source language) to another (the target language) in written form.
2B.02Application of this Order
This Order applies to a proceeding to which these Rules relate.
2B.03When interpreters may be engaged
(1)If the Court is satisfied that a witness cannot understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put to the witness, the witness may give—
(a)oral evidence in the other language that is interpreted into English by an interpreter in accordance with this Order; or
(b)evidence by an affidavit or a statement in English that has been sight translated to the witness by an interpreter in accordance with Rule 2B.07.
Note
Section 30 of the Evidence Act 2008 provides that a witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put about the fact.
(2)If the Court is satisfied that a party cannot understand and speak the English language sufficiently to enable the party to understand and participate in the proceeding, the Court shall permit the party to use an interpreter who meets the standards and requirements under this Order.
(3)In a proceeding specified in Column 2 of the following Table, if a person specified in Column 3 for that proceeding requires an interpreter, the party specified in Column 4 for that proceeding is responsible for engaging an interpreter who meets the standards and requirements under this Order.
Table
| Column 1 Item | Column 2 Type of proceeding | Column 3 Person who may require an interpreter | Column 4 Party who is responsible for engaging an interpreter |
| 1 | A proceeding for the trial of an accused on indictment | The accused | The prosecuting agency |
| 2 | A proceeding on an appeal, or an application for leave to appeal, under section 254 of the Criminal Procedure Act 2009 | The appellant | The respondent |
| 3 | A proceeding on an appeal under section 257 or 260 of the Criminal Procedure Act 2009 | The respondent | The DPP |
| 4 | A proceeding on an appeal, or an application for leave to appeal, under section 254 of the Criminal Procedure Act 2009 | A witness to be called by the respondent | The prosecuting agency |
| 5 | A proceeding on an application under Part 3B of the Sentencing Act 1991 by an offender | The offender | The offender |
| 6 | A proceeding on an application under Part 3B of the Sentencing Act 1991 by someone other than an offender | The offender | The applicant |
| 7 | A proceeding on an application under Part 3, 4 or 8 of the Serious Offenders Act 2018 | The offender | The Secretary to the Department of Justice and Community Safety |
| 8 | A proceeding on an application under Part 3, 4 or 8 of the Serious Offenders Act 2018 | A witness to be called by the offender | The Secretary to the Department of Justice and Community Safety |
(4)Except where paragraph (3) provides otherwise, if a witness called by a party requires an interpreter, that party is responsible for engaging an interpreter who meets the standards and requirements under this Order for the witness.
(5)If a party or any other person involved in the proceeding requires an interpreter and neither paragraph (3) nor (4) provides for a particular party to be responsible for engaging the interpreter, the Court may give a direction as to which party is to be responsible for engaging the interpreter.
(6)Paragraphs (3), (4) and (5) do not apply in circumstances where section 15YOA of the Crimes Act 1914 of the Commonwealth provides for the Court to arrange for the presence of an interpreter.
2B.04Who may act as an interpreter
(1)A person shall not act as an interpreter in a proceeding unless the person—
(a)is currently an accredited interpreter for the spoken or signed language other than English concerned or otherwise satisfies the Court that the person is qualified to act as an interpreter;
(b)has read and agrees to comply with the Code of Conduct; and
(c)takes an oath or affirms to interpret accurately to the best of the person's ability.
(2)A person shall not act as an interpreter if the person—
(a)is or may become a party to, or a witness in, the proceeding;
(b)is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness;
(c)has or may have a financial or other interest of any other kind in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the person's engagement or appointment; or
(d)is or may be unable to fulfil the person's duty of accuracy or impartiality under the Code of Conduct for any reason including, but not limited to, personal or religious beliefs or cultural or other circumstances.
(3)A person acting as an interpreter shall—
(a)cease to act as an interpreter if the person becomes aware during a hearing of a matter referred to in paragraph (2); and
(b)immediately disclose the matter to the Court.
(4)Despite paragraphs (1) to (3), if it is in the interests of justice, the Court may give permission to a person to act as an interpreter despite not complying with the requirements of those paragraphs if, to the extent practicable—
(a)the Court is satisfied that the person is able to interpret and, if necessary, sight translate accurately to the level the Court considers satisfactory in all the circumstances from the other language into English and from English into the other language;
(b)the person takes an oath or affirms to interpret accurately to the best of the person's ability;
(c)the Court is satisfied that the person understands and accepts that, in acting as an interpreter, the person—
(i)is not the agent, assistant or advocate of the witness or the party for which the person is to act as an interpreter; and
(ii)owes a paramount duty to the Court to be impartial and accurate to the best of the person's ability;
(d)the Court directs that the evidence and interpretation be sound recorded for spoken languages and video recorded for signed languages; and
(e)the person is over the age of 18 years.
2B.05Functions of interpreters
(1)Unless the Court otherwise orders, an interpreter shall—
(a)interpret questions and all other spoken or signed communications in the conduct of the proceeding for the witness from English into the other language and from the other language into English; and
(b)subject to paragraph (2), sight translate, whether before or during the course of the witness's evidence, documents shown to the witness.
(2)An interpreter may refuse to sight translate under paragraph (1) if—
(a)the interpreter considers that the interpreter is not competent to do so; or
(b)the task is too onerous or difficult by reason of the length or complexity of the text.
(3)Unless the Court otherwise orders, an interpreter may not assist a party or the party's legal practitioner in the conduct of the proceeding (including a hearing) except by—
(a)interpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or
(b)sight translating documents in connection with the proceeding from English into the other language and from the other language into English.
(4)Nothing in paragraph (3) requires an interpreter to sight translate under that paragraph if—
(a)the interpreter considers that the interpreter is not competent to do so; or
(b)the task is too onerous or difficult by reason of the length or complexity of the text.
2B.06Code of Conduct
(1)An interpreter shall comply with the Code of Conduct.
(2)Unless the Court otherwise orders, as soon as practicable after an interpreter is engaged or appointed for a proceeding, a copy of the Code of Conduct is to be provided to the interpreter—
(a)if an interpreter is engaged by a party, by the party; or
(b)as the Court otherwise directs.
(3)Unless the Court otherwise orders, a witness may not give evidence using an interpreter unless the Court is satisfied that the interpreter has read the Code of Conduct and agrees to be bound by it.
(4)Unless the Court otherwise orders, a party to the proceeding may not use an interpreter in the circumstances described in Rule 2B.03(2) unless the Court is satisfied that the interpreter has read the Code of Conduct and agrees to be bound by it.
2B.07Translated evidence
(1)Unless the Court otherwise orders, a party seeking to rely on a translated affidavit who requires an interpreter is not entitled to rely on the affidavit unless it complies with Rule 43.02.1 of Chapter I of the Rules of the County Court.
(2)Unless the Court otherwise orders, a party seeking to rely on a translated statement of a witness who requires an interpreter is not entitled to rely on the statement unless an accredited interpreter has verified that—
(a)before sight translating the statement to the witness, the interpreter—
(i)had read the Code of Conduct and agrees to be bound by it; and
(ii)had been given an adequate opportunity to prepare to sight translate the statement; and
(b)the interpreter sight translated the entire statement to the witness and the witness then—
(i)informed the person before whom the statement is made through the interpreter that the witness had understood the interpreter and agrees with the entire contents of the statement; and
(ii)where applicable, signed the statement in the presence of the interpreter.
2B.08Court may give directions concerning interpreters
Without limiting any other power of the Court, the Court may, at any time, give directions concerning all or any of the following matters, having regard to the nature of the proceeding (including the type of allegations made and the characteristics of the parties and witnesses)—
(a)any particular attributes required or not required for an interpreter, including, but not limited to, gender, age or ethnic, cultural or social background so as to accommodate any cultural or other reasonable concerns of a party or the witness;
(b)the number of interpreters required in any proceeding and whether relay interpreting (being interpreting from the source language to the target language via one or more intermediate languages) should be used;
(c)establishing the expertise of an interpreter;
(d)the steps to be taken to obtain an interpreter who is an accredited interpreter for the other language concerned or is otherwise qualified to act as an interpreter;
(e)the steps to be taken before permission under Rule 2B.04(4) is given;
(f)what information concerning the proceeding may be provided to a person in advance of any hearing to assist that person to prepare to act as an interpreter at that hearing, including, but not limited to, the indictment, the charge-sheet, the summary of the prosecution opening and other documents;
(g)when, in what circumstances and under what (if any) conditions the information referred to in paragraph (f) may be provided;
(h)whether an interpreter is to interpret the witness's evidence consecutively, simultaneously or in some other way;
(i)other resources, such as dictionaries or other reference works that an interpreter may require to consult in the course of acting as an interpreter;
(j)the length of time for which an interpreter should interpret during a hearing without a break;
(k)security for an interpreter including, where necessary, arrangements to preserve the anonymity of the interpreter;
(l)practical matters concerning an interpreter, such as seating for and the location of the interpreter;
(m)the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceeding or on the Court's own motion;
(n)the payment of interpreters;
(o)any other direction the Court considers appropriate.".
10New Form 2I inserted
After Form 2H of the Principal Rules insert—
"Form 2I—Court interpreters' Code of Conduct
Rule 2B.01
COURT INTERPRETERS' CODE OF CONDUCT
Application of code
1. This Code of Conduct applies to any person (the interpreter) who, whether or not for fee or any other reward, is engaged, appointed, volunteers or otherwise becomes involved in a proceeding or proposed proceeding to act as an interpreter by interpreting or sight translating from any spoken or signed language (the other language) into English and from English into the other language for any person.
General duty to the Court
2. An interpreter has an overriding duty to assist the Court impartially.
3. An interpreter's paramount duty is to the Court and not to any party to or witness in the proceeding, including the person retaining or paying the interpreter.
4. An interpreter is not an advocate, agent or assistant for a party or witness.
Duty to comply with directions
5. An interpreter must comply with any direction of the Court.
Duty of accuracy
6. An interpreter must at all times use the interpreter's best judgement to be accurate in the interpreter's interpretation or sight translation.
7. In this code, accurately, in relation to interpreting or translating, means optimally and completely transferring the meaning of the other language into English and of English into the other language, preserving the content and intent of the other language or English (as the case may be) without omission or distortion and including matters that may be considered inappropriate or offensive.
8. If an interpreter considers that the interpreter's interpretation or sight translation is or could be in any way inaccurate or incomplete or requires qualification or explanation (including, without limitation, where the other language is ambiguous or otherwise unclear for any reason), then the interpreter must—
(a) immediately inform the party who engaged them and provide the necessary correction, qualification or explanation to that party; and
(b) if the evidence is being given or was given in court, immediately inform the Court and provide the necessary correction, qualification or explanation to the Court.
Duty of impartiality
9. An interpreter must at all times act impartially so as to be without bias in favour of or against any person including but not limited to the witness whose evidence the interpreter is interpreting, the party who has engaged or is remunerating the interpreter or any other party to or person involved in the proceeding or proposed proceeding.
10. Unless the Court otherwise orders, an interpreter must not accept an engagement or appointment to act as an interpreter in relation to a proceeding or proposed proceeding if the interpreter—
(a) is or may become a party or a witness;
(b) is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness;
(c) has or may have a financial or other interest of any other kind in the outcome of the proceeding or proposed proceeding (other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the interpreter's engagement or employment); or
(d) is or may be unable to fulfil the interpreter's duty of accuracy or impartiality for any reason including, without limitation, personal or religious beliefs or cultural or other circumstances.
11. Other than carrying out an engagement or appointment as an interpreter, the interpreter must not provide any other assistance, service or advice (including by way of elaboration) to—
(a) the party, legal practitioner or other person who has engaged them; or
(b) any witness or potential witness, in relation to the proceeding or proposed proceeding.
Duty of competence
12. An interpreter must only undertake work the interpreter is competent to perform in the languages for which the interpreter is qualified by reason of the interpreter's training, qualifications or experience.
13. If it becomes apparent in the course of a matter that expertise beyond the interpreter's competence is required, the interpreter must inform the Court immediately and work to resolve the situation, either withdrawing from the matter or following another strategy acceptable to the Court.
Confidentiality
14. Subject to compulsion of law, an interpreter must keep confidential any information that the interpreter acquires in the course of the engagement or appointment as an interpreter (including any communication subject to client legal privilege) unless—
(a) that information is in, or comes into, the public domain other than by an act of the interpreter in breach of this duty of confidentiality; or
(b) the beneficiary of the client legal privilege has waived that privilege.".
11Form 3A amended
In Form 3A of the Principal Rules, after "Address for service:" insert—
"*I am neither Aboriginal nor Torres Strait Islander
*I am Aboriginal
*I am Torres Strait Islander
*I am both Aboriginal and Torres Strait Islander
*I choose not to indicate whether I am Aboriginal or Torres Strait Islander".
12Form 3C amended
In Form 3C of the Principal Rules, for the text after the heading "PARTICULARS" and before the heading "LISTING OF APPEAL" substitute—
"1. Name of offender on whom sentence imposed:
2. Is the offender Aboriginal or Torres Strait Islander:
Neither Aboriginal nor Torres Strait Islander
Yes, Aboriginal
Yes, Torres Strait Islander
Yes, both Aboriginal and Torres Strait Islander
The offender has chosen not to indicate whether they are Aboriginal or Torres Strait Islander
Unknown
Not applicable (the offender is not a natural person)
3. Offence for which offender convicted and sentenced to which this appeal relates:
4. Convicted at: [place and court]
5. Magistrate:
6. Date of conviction:
7. Sentence:
8. Date of sentence:
9. Name and address of legal practitioner who represented offender at summary proceeding:
10. Name of counsel (if any) who represented offender at summary proceeding:".
13Form 5BC amended
In Form 5BC of the Principal Rules, for "1300 972 387" substitute "1300 792 387".
Dated: 21 October 2025
| A J CHAMBERS, Chief Judge | C M QUIN |
| M. E. SEXTON, Deputy Chief Judge | SARA HINCHEY |
| S S DAVIS | SAMANTHA L MARKS |
| J G MORRISH | GREGORY LYON |
| K L BOURKE | C R GWYNN |
| FRANK GUCCIARDO | D A TRAPNELL |
| GERARD MULLALY | M G O'CONNELL |
| MICHAEL H. TINNEY | A M RYAN |
| G CANNON | P R RIDDELL |
| MICHAEL CAHILL | DANIEL P HOLDING |
| D A SEXTON | ANGELA ELLIS |
| P. J. GINNANE | ANDREW FRAATZ |
| ELIZABETH BRIMER | MARIA TSIKARIS |
| G A GEORGIOU | SIMON MOGLIA |
| A S PILLAY | CAITLIN ENGLISH |
| R E CARLIN | PETER ROZEN |
| ANNE HASSAN | A M MAGEE |
| DAVID J. N. PURCELL | B A MYERS |
| F H TODD | ROBYN L HARPER |
| JULIE CLAYTON | ANDREW PALMER |
| A ROBERTSON | S A KIRTON |
| M DEMPSEY | MICHAEL W WISE |
| S BURCHELL | LIBERTY SANGER OAM |
| P TIWANA | KRISTA M J BRECKWEG |
| KATE HAWKINS | JUSTIN LEWIS |
| S BAYLES | PATRICK OVER |
| K BLAIR | VAL P GOSTENCNIK |
| NOLA KARAPANAGIOTIDIS |
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ENDNOTES
[1] Rule 4: S.R. No. 126/2019 as amended by S.R. Nos 16/2020, 98/2021, 90/2022, 16/2023, 77/2023, 81/2023 and 120/2023.
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