This story contains reference to domestic violence.
It was in a refuge with her children after escaping domestic violence that Russian-born Anna (not her real name) believes she was falsely accused of sexual harassment.
Anna said she received unwanted attention from a teenage boy staying there with his mother, who she said was "always looking" straight at her.
"Originally, I thought he was just interested in playing with my kids, but then I realised that he was looking at me," she told SBS News.
"I was avoiding him all the time."
Anna said she tried to make it clear to the teenager that his feelings were not mutual — and she believes it was out of spite that he reported to the refuge that she had allegedly sexually harassed him.
Soon after, she was taken to a police station where she could not access an interpreter during the initial interview and the first court hearing held that day.
"Police arrived at the refuge and arrested me. I did not speak English and did not understand what was going on," she said.
"I did not know that I could apply for bail, and no one explained that to me at the time."
Not having an interpreter 'ruined my life'
Following the initial court appearance, Anna spent a few weeks in prison. During that period, she also participated in a Children's Court hearing via video call regarding the custody of her children.
She said she did not have access to an interpreter during the initial hearing.
"A few weeks later, a friend who had stayed with me in the same refuge found me and bailed me out. But by that time, I had already lost custody over my children," Anna said.
"If it weren’t for my friend, I would have spent almost a year in that facility awaiting trial."
Anna said she was allowed to see her children only during short supervised visits for almost a year after her bail and before the final Criminal Court hearing.
"I felt helpless there," she said. "In prison, it’s hard to ask or demand or get anything if you don't know the language."
After being bailed, Anna applied for legal aid and ensured an interpreter was present at all subsequent hearings.
In March 2021, the court acquitted her of all charges. But she said she still has not been able to obtain full custody of her children.
Anna said that not having access to an interpreter at critical times ultimately led to her losing custody of her children.
"This ruined my life and the life of my children," she said.
SBS News confirmed with the NSW Police, the NSW Department of Communities and Justice, and the Children’s Court that an interpreter was not present during Anna's arrest, the initial police interview, and the first court hearings.
Access to a fair trial
Professor Ludmila Stern leads the Judicial Officers Working with Interpreters: Implications for Access to Justice project at the University of New South Wales.
Speaking to SBS Russian, Stern pointed out the link between interpreting services and access to a fair trial.
"I've conducted observations of court proceedings across Australia. I've interviewed almost 40 judges across Australia, and even more interpreters, just to understand how judges interact with the interpreting process," she said.
"They do not blame the interpreter for the lack of efficient communication, but they don't necessarily follow the existing guidelines or policy documents.
"One thing I can say is — and these are our preliminary observations — the majority of the judges want to do the right thing."
Stern said that interpreters in Australia's courts often do not have allocated spots and are not always given time to prepare for hearings and review documents.
She added that lawyers and judges often do not speak slowly or with enough pauses to give interpreters adequate time to translate.
"I think that reflects a historic misunderstanding of the interpreting profession," she said.
SBS News contacted respective government agencies asking why Anna didn't have access to an interpreter and whether any measures were taken to inform her of her right to such assistance.
In a statement to SBS News, a spokesperson for the Federal Circuit and Family Court of Australia said: "The basic principles of access and equity are that no court client should be disadvantaged in proceedings before the Court or in understanding the procedures and conduct of court business, because of a language barrier."
The court can arrange an interpreter for those who do not speak English, according to the guidelines on interpreter services,
The guidelines state if an interpreter is needed, the court has to be notified two weeks in advance.
The NSW Police pointed SBS News to its multicultural policing strategy that outlines the need to use interpreters and "visibly promote the right to access an interpreter for policing interactions".
SBS News has also contacted the NSW Children’s Court and NSW Department of Communities and Justice for comment.
Interpreters held a rally outside the County Court in Melbourne on Wednesday to call for a fair deal. Credit: SBS
Court interpreters protest pay cuts
Earlier this week, interpreters gathered outside the County Court in Melbourne in protest following the recent changes to the pay scheme introduced by Court Services Victoria.
They say the state's court system undermined their profession by cutting their hours and pay to save costs.
The minimum booking for an interpreter has been slashed from four hours to 90 minutes, resulting in interpreters losing much of their income.
"Interpreters are sick and tired of the lack of respect and remuneration for the highly skilled work that we do," Blossom Ah Ket, an interpreter told SBS Mandarin.
"If you cut the conditions — which are already extremely poor — of the interpreters, it’s only going to result in less justice."
Interpreters are hired as contractors and casual employees, with a minimum rate set by the state government. The last time the remuneration rate was increased in Victoria was in 2018.
"At the moment, there are many clients in court, and everyone is complaining that our system has stopped being functional," Marina Del Greco, another interpreter, told SBS Russian.
"In these circumstances, if an interpreter comes for a one-and-a-half-hour booking and then is told — can you please extend your time — it is practically not possible because we might have many other assignments."
SBS has contacted Court Services Victoria for comment.
A Victorian Government spokesperson said the government knows "how important interpreting services are for our multicultural communities.
"That’s why we increased the minimum rate payable for interpreters who provide services to the Victorian Government," the spokesperson said.
Stern said that in Australia, the compensation for community interpreters does not match the complexity of their work.
"Interpreters are known to be leaving the profession because they can't make ends meet," she said.
"It's an ageing profession. The interpreters, who had been working for a very long time, are still lingering.
"But the new generation, who might be better qualified and certified according to much higher standards, are faced with the fact that they cannot make a living by working full-time as interpreters."
If you or someone you know is impacted by family and domestic violence, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit . In an emergency, call 000.
Readers seeking crisis support can contact Lifeline on 13 11 14, the Suicide Call Back Service on 1300 659 467 and Kids Helpline on 1800 55 1800 (for young people aged up to 25).
More information and support with mental health is available at and on 1300 22 4636.
Fujia Yang is a producer with SBS Mandarin.
