People from culturally and linguistically diverse backgrounds

NSW

  • Judicial Commission of NSW, Equality before the Law: Bench Book (2022).
    Section 3 discusses a range of issues affecting people from CALD backgrounds and their experience of court processes.

QLD

  • Supreme Court of Queensland, Equal Treatment Bench Book (2nd ed, 2016).
    Although this bench book does not discuss the relationship between having a culturally and linguistically diverse (CALD) background and domestic violence, Chapter 2 on ‘Ethnic, Religious, Spiritual and Linguistic Diversity’ and Chapter 3 ‘Religions in Queensland’ include Queensland population statistics in relation to birth country, language and religion. Additionally, Chapter 6 provides a discussion of effective communication in court proceedings and, most relevantly, Parts II and III provide information about working with interpreters. The bench book notes: ‘Ensuring people from culturally and linguistically diverse backgrounds are able to comprehend and be understood in court proceedings is fundamental in achieving justice according to law’ (p.41).

Vic

  • Judicial College of Victoria, Family Violence Bench Book (2014).
    5.6 discusses how people from CALD backgrounds may experience family violence and issues that may affect their experience of applying for an intervention order.

WA

  • Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).

    The section on ‘Culturally and linguistically diverse people’ (ch7) includes Western Australian population statistics in relation to birth country, language and religion. It briefly considers cultural norms and differences and considers the use of interpreters in court. See also ‘Points to consider in relation to particular groups of women’ (ch 10.4.4): Some issues particular to women from culturally and linguistically diverse backgrounds may include:

    • more limitations on access to independent income;
    • unfamiliarity with English and limited access to interpreters, which may reduce access to information and support services; and
    • increased levels of social isolation.

Canada

  • Neilson, Linda C, Domestic Violence Electronic Bench Book (National Judicial Institute, 2020).
    Chapter 22: Minority/Immigration Status in domestic violence cases specifically discusses domestic violence in these contexts. See especially Section 22.2.4: Forms of Domestic Violence: Minority & Immigration Status, which provides a comprehensive overview of different types of behaviour that may specifically affect women from these groups. Also see Section 22.2.5: Potential responses to forms of domestic violence associated with minority and immigration status. Issues around language and translation are also raised in this chapter, but this discussion is more directed towards Canadian processes and access to these services. The bench book goes on to provide detailed discussion on immigration status and family law, and issues with residence status.