Translating and Interpreting Services Bill 2025

High-Level Summary

The Translating and Interpreting Services Bill 2025 establishes a clear statutory framework for the ongoing provision of translating and interpreting services by the Department of Home Affairs (TIS National), including approval to charge fees and to train language practitioners.

It consolidates and expands existing functions into primary legislation without changing current service delivery arrangements.


Summary

The Bill creates the Translating and Interpreting Services Act 2025 as new primary legislation to govern the Translating and Interpreting Service (TIS National) within the Department of Home Affairs. It formally empowers the Secretary to:

  • provide or arrange for translating and interpreting services for Commonwealth, State and Territory agencies and individuals (including via telephone, video-conference and on-site modes);
  • develop, train and support translators and interpreters to meet national language needs;
  • enter into and administer contracts, arrangements and memoranda of understanding;
  • charge fees for services on a cost-recovery basis (subject to section 9’s restrictions); and
  • delegate functions to senior executives and make rules to support administration.

Key clauses ensure continuity of pre-existing arrangements (section 11), extend application extra-territorially (sections 6–7), and clarify commencement (section 2). The Act does not change how TIS National currently operates or its funding arrangements, and it has a low financial impact on government, while providing an enduring statutory basis for language services supporting equitable access to government, health, legal and emergency services.


Argument For
Normative Bases
  1. Non-Discrimination
  2. Legal Principle [ICCPR Articles 14, 26]
  3. Pro-Democracy

The Bill enshrines language services in primary legislation to protect the right of all Australians, regardless of English proficiency, to access justice, health care and government programs without discrimination. By codifying TIS National’s functions and fee-charging authority, the Act ensures stable, transparent and accountable delivery of interpreting and translation services across federal and state jurisdictions. [Judgment]

Access to information in one’s own language is fundamental to informed civic engagement and participation in democratic institutions. Ensuring professional standards and training pathways through a clear statutory framework strengthens public confidence and promotes social cohesion. [Judgment]

At minimal cost to the Commonwealth, the Bill provides legal certainty for existing operations, secures pre-existing arrangements, and safeguards 24/7 support for emergency, medical and legal interpreting, which in turn supports effective government service delivery and protects vulnerable individuals. [Judgment]


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Egalitarianism

The Bill largely restates powers and functions that TIS National already exercises under existing administrative arrangements, rendering the new legislation a formality that adds complexity without meaningful benefit. [Judgment]

By expressly authorising fee-charging, the Act risks creating cost barriers for low-income individuals and small non-profit organisations reliant on interpreting services, potentially undermining equitable access for the very communities it aims to serve. [Judgment]

The broad delegation and rule-making powers granted to the Secretary may reduce parliamentary oversight and increase the risk of politicisation of language services, as rules could be made or varied without sufficient transparency. [Judgment]


Date:

2025-11-26

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Home Affairs

Categories:

Discrimination / Human Rights, Civics, Social Support / Welfare

Timeline:
26/11/2025

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