Using interpreters in voluntary assisted dying

Eligibility criteria for interpreters

Interpreters who assist a person asking for information about or access to voluntary assisted dying must be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) or Speech Pathology Australia.

Interpreters cannot:

be a family member of the person asking for access to voluntary assisted dying.
believe or know that they are a beneficiary under the person’s will or will otherwise benefit financially or in any other material way from the person’s death.
be an owner of, or responsible for the day-to-day management and operation of, any health facility where the person is being treated or resides.
be directly involved in providing health or professional care services to the person.

Interpreters should only provide interpretation in the language(s) they have NAATI certification for when assisting someone who is seeking to access voluntary assisted dying. There are no exemptions to the interpreter requirements set out in the Voluntary Assisted Dying Act 2017.

In person interpretation only

Interpreting for a person about voluntary assisted dying must always be done in person. Interpreting via phone or video is not an option for voluntary assisted dying discussions. This is because the Commonwealth Criminal Code Act 1995 does not differentiate voluntary assisted dying from suicide and prohibits use of a carriage services (telephone, internet etc) to convey material or discussion that counsels or incites suicide.

When an interpreter may be involved

A person or a health practitioner may ask interpreters to assist at any point during the voluntary assisted dying process, including:

Step in the process	Advice for interpreters
When the person makes their first request to access voluntary assisted dying	Health practitioners cannot start a discussion about voluntary assisted dying with their patient or suggest voluntary assisted dying to them. This means the person needs to start the conversation about voluntary assisted dying with their medical practitioner. The person needs to be clear and explicit that they are asking for voluntary assisted dying.
When the person attends medical appointments to have their eligibility for voluntary assisted dying assessed	Voluntary assisted dying assessments are often longer than other health consultations. Medical practitioners will be assessing a range of eligibility criteria and, if the person is eligible, providing detailed information on topics such as palliative care options, prognosis and the next steps in the process.
When the person completes their written declaration (Form 3) and the appointment of contact person form (Form 4)	If you assist a person in completing Forms 3 or 4, you must certify on the form that you have provided a true and correct translation of any material translated. The coordinating medical practitioner submits these forms to the Voluntary Assisted Dying Review Board. The Board monitors voluntary assisted dying in Victoria. Interpreters should provide their NAATI Practitioner Number so the Voluntary Assisted Dying Review Board can verify their NAATI credential.
When a pharmacist visits the person to provide them with information and instructions about taking the voluntary assisted dying substance	These visits are often longer than other health consultations. This visit allows the person to ask questions about taking the substance.
Where a medical practitioner will administer the substance	The person may need an interpreter to assist them to make a request for their co-ordinating medical practitioner to administer the substance (called an administration request).