M1 - Learner Manual

7.10. Contributing to the implementation of effective communication strategies

Always keep in mind that the legal system is complex, and a client is often not as familiar with specific legal terminology and procedure. Therefore it is essential to continually clarify any advice given to the client, and ask questions to ensure that they are understanding the information provided. 

Another technique to ensure mutual understanding between interviewer and client is to repeat what the client has just discussed with you, such as ‘my understanding of your situation is x, y and z”. This technique is known as ‘active listening’.

Facilitating access to interpretive and translation services 

Most organisations you work in should have policy and/or procedures regarding the provision of services to culturally and linguistically diverse (CALD) clients. This is especially so in the case of clients not capable of communicating in English. There are people from many different cultures who speak many different languages living all throughout Australia. Each of these people will face legal dilemmas over the course of their lives. All people in Australia have the right to fair and equal access to services (whether it be legal or social services). This right of equal treatment has been entrenched in various pieces of state and Federal legislation (e.g. the Anti-Discrimination Act 1977 (NSW) and the Racial Discrimination Act 1975 (Cth)). 

In a legal context, all are equal before the Australian legal system. As such, courts all over Australia must have services appropriate to provide a fair and just experience for people of all genders, races, ages and people of any mental and physical capacity. In Ebatarinja v Deland (1998) 194 CLR 444 at 545 Gaudron, MgHugh, Gummow, Hayne and Callinan JJ (of the High Court of Australia) said that:

“on a trial for a criminal offence, it is well established that the defendant should not only be physically present but should also be able to understand the proceedings and the nature of the evidence against him or her,” and that “if the defendant does not speak the language in which the proceedings are conducted, the absence of an interpreter will result in an unfair trail.”[1]

The following information is useful for clients who have difficulty speaking English yet are engaging with the court system in NSW.[2]

Contacting courts or tribunals by telephone 

If you or someone you know needs an interpreter when you contact a court or tribunal, use the free Translating and Interpreting Service (TIS). Call 131 450 and tell them the telephone number you need to contact. An interpreter will call the number while you are on the phone and translate what the person on the line says to you. 

Need an interpreter for court? 

For some types of proceedings, the court or tribunal can arrange interpreters. The court or tribunal can also bear the costs of interpreters. Examples of matters in which the court or tribunal can arrange an interpreter include: 

Criminal proceedings 

Applications for an AVO; or breach of an AVO 

Administrative Decisions Tribunal proceedings 

Care proceedings in the Children’s Court

Proceedings in the Coroner’s Court

Proceedings in the Industrial Relations Commission

Appeals of any of these matters 

If you are not sure whether an interpreter can be arranged for you, contact the registry of the courthouse or tribunal which you will be attending. 

To request an interpreter, contact the relevant registry. If possible, do this at least one week before the date you need to attend court.  If you are in court or in a tribunal, tell the judicial officer that you need an interpreter. An interpreter will be arranged for your next court or tribunal appearance. 

Arranging your own interpreter 

For most civil proceedings, you must arrange and pay for your own interpreter. You can arrange an interpreter through the NSW Community Relations Commission Language Services Unit, or any accredited independent interpreting service. You can search for interpreters by language and location on the website of the National Accreditation Authority for Translators and Interpreters (NAATI). 

Interpreters for court and tribunal proceedings must have at least a Level 3 accreditation from NAATI. 

Translation services 

If you need documents translated for a court or tribunal matter, you can arrange a translator through the NSW Community Relations Commission Language Services Unit, or any accredited independent translator. 

The Department of Immigration and Citizenship provides a free translation service for non-English speaking people settling permanently in Australia. This service can be used only by eligible people in the first two years after entry to Australia. 

Provide coaching in effective communication 

How to influence others: Convincing others to say “Yes”

You've come up with a fantastic idea for a new project. Now you need to convince others to support it. So, how can you get everyone to support your idea?

Influencing others is challenging, which is why it's worth understanding the psychological principles behind the influencing process. 

Below are some principles for consideration:

Reciprocity

As humans, we generally aim to return favours, pay back debts, and treat others as they treat us. According to the idea of reciprocity, this can lead us to feel obliged to offer concessions or discounts to others if they have offered them to us. This is because we're uncomfortable with feeling indebted to them. 

For example, if a colleague helps you when you're busy with a project, you might feel obliged to support her ideas for improving team processes. You might decide to buy more from a supplier if they have offered you an aggressive discount. Or, you might give money to a charity fundraiser who has given you a flower in the street.

Commitment (and Consistency)

Psychologists say that we have a deep desire to be consistent. For this reason, once we've committed to something, we're then more inclined to go through with it.

For instance, you'd probably be more likely to support a colleague's project proposal if you had shown interest when they first talked to you about their ideas.

Social Proof

This principle relies on people's sense of "safety in numbers." 

For example, we're more likely to work late if others in our team are doing the same, put a tip in a jar if it already contains money, or eat in a restaurant if it's busy. Here, we're assuming that if lots of other people are doing something, then it must be OK.

We are particularly susceptible to this principle when we're feeling uncertain, and we're even more likely to be influenced if the people we see seem to be similar to us. 

Liking

We are more likely to be influenced by people we like. Likability comes in many forms – people might be similar or familiar to us, they might give us compliments, or we may just simply trust them.

Companies that use sales agents from within the community employ this principle with huge success. People are more likely to be influenced people like themselves, from friends, and from people they know and respect.

Authority

We feel a sense of duty or obligation to people in positions of authority. This is why advertisers of pharmaceutical products employ doctors to front their campaigns, and why most of us will do most things that our manager requests.

It is important for people to feel that you have some control over the situation and feel more secure in participating in a new project if you have support from authority figures in the community.

Scarcity

This principle says that things are more attractive when their availability is limited, or when we stand to lose the opportunity to acquire them on favourable terms.

When you're using approaches like those listed above, make sure that you use them honestly – by being completely truthful, and by persuading people to do things that are good for them. A good reputation takes a long time to build, but you can lose it in a moment!

How to Apply these Principles

You can use these principles whenever you want to influence or persuade others. 

First make sure that you understand the people in your audience and that you know why you want to influence them. 

Think about your ultimate objectives, and decide which principles will be most useful in your situation.

We will now explore some strategies you can use with each principle.

Reciprocity

To use reciprocity to influence others, you will need to identify your objectives, and think about what you want from the other person. You then need to identify what you can give to them in return.

Remember that you can sometimes use this principle by simply reminding the other person of how you have helped them in the past. 

Commitment

Here, try to get people's commitment early on, either verbally or in writing.  For example, if you're building support for a project, talk about ideas early on with stakeholders, and take their comments and views into account.

Social Proof

You can use this principle by creating a "buzz" around your idea or product.  For example, if you're trying to get support for a new project, work on generating support from influential people in your community. (These may not always be who you think they are!)  Encourage people to talk about it using social media. 

Liking

To build good relationships, ensure that you put in the time and effort needed to build trust and rapport with the people you wish to engage in your project and behave with consistency.

Develop your emotional intelligence and active listening skills, and remember that there is no "one-size-fits-all" approach when it comes to relating to others. 

Also, don't try too hard to be liked by others – people can always spot a phony!

Authority

Here you can use both your own authority, and the authority of others, as influencers.

When you use your own authority, be careful not to use it negatively. 

To use authority, get support from influential and powerful people, and ask for their help in backing the idea. 

Scarcity

With this principle, people need to know that they're missing out if they don't act quickly.

This principle can be trickier to apply within your community if you're trying to influence others to support your ideas or projects. You can, however, use urgency to get support for your ideas. 

For example, you can highlight the possible urgent consequences of the problem that your idea helps to solve.

The Six Principles of Influence were created by Robert Cialdini, and published in his 1984 book, "Influence: The Psychology of Persuasion."