Lesson 7: Interpreters, Advocates and Authorised Representatives

7.1 Different forms of assistance

A customer may receive assistance from:

• An interpreter;
• An advocate;
• A family member;
• A friend;
• An attorney;
• A deputy;
• An appointee;
• A support worker; or
• Another professional representative.

These roles are not interchangeable.

7.2 Interpreters

An interpreter assists communication between people using different languages or communication methods.

Staff should consider:

• Whether the interpreter is sufficiently competent;
• Whether confidential information will be discussed;
• Whether the interpreter is independent;
• Whether the customer is comfortable;
• Whether a professional interpreter is appropriate; and
• Whether the communication concerns important contractual or legal information.

Children should not normally be used to interpret complex, confidential or legally significant matters.

7.3 Advocates and support persons

An advocate or support person may:

• Help the customer understand information;
• Assist the customer in expressing their wishes;
• Attend appointments;
• Take notes;
• Ask questions; or
• Help organise documents.

They do not automatically have authority to make decisions or give instructions for the customer.

7.4 Authorised representatives

A representative may have authority through:

• The customer’s written consent;
• A power of attorney;
• A deputyship order;
• Another formal appointment; or
• A valid company or legal authority.

Staff should verify:

• The representative’s identity;
• The nature of their authority;
• Any limitations;
• Whether the authority remains valid;
• What information may be disclosed; and
• Whether the customer should continue to receive communications.

7.5 Address the customer directly

Even where another person assists, staff should normally continue to:

• Speak directly to the customer;
• Include them in the conversation;
• Respect their preferences;
• Check their agreement; and
• Avoid allowing the supporter to take control improperly.

7.6 Consent to share information

Before sharing information with a family member, advocate or other person, staff should establish:

• What the customer has agreed to;
• What information may be shared;
• For what purpose;
• For how long the consent applies;
• Whether the customer may withdraw consent; and
• How the consent will be recorded.

Consent to attend a meeting does not necessarily authorise the person to receive every document or make decisions.

7.7 Possible coercion

Warning signs may include:

• The representative refusing to let the customer speak;
• The customer appearing frightened;
• Instructions changing when the representative is present;
• The representative controlling funds or documents;
• Pressure to sell, let or transfer money;
• Requests to exclude the customer from communications; or
• A refusal to allow private communication.

These concerns should be recorded factually and referred to a manager.

Lesson 7 key point

A supporter may assist a customer, but only an appropriately authorised person may make decisions or receive confidential information on their behalf.