An audit of NSW legislation and policy on the government's public communications in languages other than English. Issue 1 (2nd January 2021)

• Record Type: Journal Article
• Authors: Grey, Alexandra; Severin, Alyssa A.
• Is Part Of: Griffith law review. Volume 30:Issue 1(2021)
• Page Start: 122
• Page End: 147
• Publication Date: 2021-01-02
• Subjects: Language policy -- government communications -- law reform -- regulatory reform -- legislative drafting -- culturally and linguistically diverse (CALD) -- multiculturalism -- equality -- quality assurance processes -- language services; Law -- Australia -- Periodicals; Law reviews -- Australia -- Periodicals; 349.94
• DOI: 10.1080/10383441.2021.1970873
• Languages: English
• ISSNs: 1038-3441

Abstract

ABSTRACT: This article reports a 2019–2021 audit of the framework of the NSW government's decisions about their public communications in languages other than English (NSW is an Australian state). It found a dearth of legislation or policy about the language of public government communications, but we present a typology of ways in which NSW law seeks to regulate choice of language in other communications between individuals, non-government entities, and government staff. We then discuss the shortfalls of this decision-making framework, interrogating NSW's statutory Multicultural Principle about linguistic diversity and the haphazard ways that NSW legislation requires language of communication to be considered in relation to the likelihood that an intended audience will understand certain communications. We raise concerns about whether the lack of accountability for non-compliance and leaving the majority of public government communications reliant on informal/reactionary policy is suited to equitably fulfilling the needs of the NSW public. The article closes by arguing that consistent and clear policy to guide the NSW government's public communications would enable the government to more readily meet communicative needs. We thus propose paths for law and policy reform as well as directions for further research aimed at improving government decision-making and communicative efficiency.