avoiding the elks on the rough road to plain language · 2020-01-02 · avoiding the elks on the...
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Avoiding the elks on the rough road to plain language
Dr Neil James, Executive Director
Klarspråkskonferansen 2012
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Nice weather for flies…
Bondi beach
Sydney Harbour
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
No flies
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The romance of Norway…
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The romance of Norway…
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The romance of Norway…
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The romance of Norway…
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The romance of Norway…
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The romance of Norway…
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The romance of Norway…
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Return to Australia
1960s and 1970s
No plain language
‘In accordance with your
request, and in consideration
of the fact that significant time
has elapsed, it is incumbent
upon you to facilitate the
identification of the certificate.
It would be appreciated if you
would ascertain this
information in a timely
manner.’
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Return to Australia
1960s and 1970s
No plain language
‘In accordance with your
request, and in consideration
of the fact that significant time
has elapsed, it is incumbent
upon you to facilitate the
identification of the certificate.
It would be appreciated if you
would ascertain this
information in a timely
manner.’
‘To meet your request, and
because of the delay, we need
you to find and send us a copy of
your certificate as soon as
possible.’
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The Australian journey
1960s and 1970s
Additional repayments are able to be
deposited by the Mortgagee in
accordance with the terms of this
mortgage agreement provided that
said repayments do not reach a level
in excess of $10,000 in any given
calendar year, such year to begin at
midnight on 1 January.
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The legal sector led the way
Centre for Plain Legal Language
University of Sydney
• Research
• Publications
• Training
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The legal sector led the way
Family Court case study
•Completion rates increased
from 52% to 86%
•Rejected applications fell from
30% to 7%
•Errors fell from 1.74 per
application to 0.14
•Processing time fell from 12.3
minutes to 10.5 minutes
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Redrafting legislation
(5) This diagram shows when,
under section 203A and this
section, invitations can be made,
during the transition period, for
applications for recognition as the
representative body for a particular
area.
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Victorian Law Reform Commission
1984 Plain Language and the Law
•Revised a court summons, which reassigned 26 staff and
saved $400,000 a year. (NOK 2,400,000)
•Tested two versions of an act with two groups of
lawyers. The lawyers with the plain language version
completed advice in one-third to one-half of the time.
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Office of the Parliamentary Counsel
2010 survey
•Evaluated 16 plain
language features
•Surveyed judges,
lawyers and civil
servants
•12 of 16 features had
net satisfaction of 70%
or higher, and up to
85%
Feature 1. Commencement provisions
Feature 2. Overviews
Feature 3. Guides
Feature 4. Decentralised tables of contents
Feature 5. Objects provisions
Feature 6. Examples
Feature 7. Notes
Feature 8. Use of asterisks
Feature 9. Use of tagging of concepts
Feature 10. Questions as headings
Feature 11. Subsection headings
Feature 12. Use of tables
Feature 13. Diagrams
Feature 14. Method statements
Feature 15. Use of the second person
Feature 16. New format including indenting
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Australian Government
Milestones in plain language
•1983: Plain English and simpler
forms program
•1990: International Literacy
Year initiatives
•1990: Robert Eagleson’s Writing
in plain English
•1993: Corporations law
simplification program
•1996: Putting it plainly report
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Australian Government 1996-2012
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The private sector carried on
NRMA 1976-1986
When our first Plain English policy wording was released,
Mr Justice Reynolds in an address the Australian
Insurance Institute suggested [it] might be at the expense
of legal exactitude or, put in another way, might give rise
to litigation over particular wordings which would not
have arisen had traditional wordings been used. No such
increase has occurred—on the contrary litigation has
been reduced in this regard.
—Company solicitor
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The transformation of banking documents
Traditional style
Additional repayments are able to be deposited
by the Mortgagee in accordance with the terms
of this mortgage agreement provided that said
repayments do not reach a level in excess of
$10,000 in any given calendar year, such year to
begin at midnight on 1 January.
Contemporary style
You can make extra repayments of up to
$10,000 each year toward your home loan.
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The marketing value of plain English
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The Plain English Foundation
• An independent advocate of plain English
• Promotes plain language in media and events
• Funded through consulting work
• Active internationally
• Employs 10 staff
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Our track record 2000-2012
• Worked with over 80 organisations
• Trained over 10,000 professionals
• Edited 1,000s of documents
• Developed an document evaluation
system
Do 100
interviews and
articles a year
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Survey of 30 agencies
Critical success factors
1.The example of a related agency
2.Training of staff
3.Evaluation of program from the start
4.Internal champions
5.Executive support
6.Reform of templates and procedures
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
It is not enough!
Before
The proposed gates are required to remain in the open position
during the course of the approved operation hours for the
childcare centre and they must not adversely impact on vehicular
movements into and from the approved car space located
immediately adjacent to the proposed front fence.
Translation The gates must be open during
the childcare centre’s operating
hours. They must not prevent
vehicles from parking in the car
space next to the front fence.
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
So where is the government? ‘I’ll be issuing a memorandum to
the entire NSW public sector
stressing the importance of plain
English, particularly in publications
and documents intended for public
use.
I want that memorandum to set
the tone and establish the
benchmarks for agencies in
promoting the use of plain English.
I want plain English to become an
essential part of how the public
sector does business.’
Nathan Rees
NSW Premier
October
2009
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The Commonwealth Ombudsman
One of the key issues my office
encounters is the gulf between how a
policy is framed and how it is delivered.
I believe that to a great extent this comes
down to poor communication, which
underlies many of the complaints we
receive. This is partly because many
agencies see the way they communicate as
a side issue to the services they provide,
whereas the two are inextricably linked or
indeed the same thing…
A project I have been interested in for
some time is a long-term, Government-
wide plain language program.
Alan Asher
Ombudsman
August 2011
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Balancing central and individual action
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
South Africa and plain language
Plain language, the law and the right to information
‘People have a right to understand the laws that
govern them, to understand court proceedings in
matters that affect them, to understand what
government is doing in their name.’
Dullah Omar
Justice Minister, 1995
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The South African model
Plain language through statute
• Access to Information Act
• Bill of Rights
• Companies Act
• Constitution of the Republic of
South Africa
• Consumer Protection Act
• Long-term Insurance Act
• National Credit Act
• Short-term Insurance Act
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The National Credit Act
64. (1) The producer of a document that is required to be delivered to a
consumer in terms of this Act must provide that document-
(a) in the prescribed form, if any, for that document; or
(b) in plain language, if no form has been prescribed for that document.
(2) For the purposes of this Act, a document is in plain language if it is
reasonable to conclude that an ordinary consumer of the class of persons
for whom the document is intended, with average literacy skills and minimal
credit experience, could be expected to understand the content,
significance, and import of the document without undue effort, having
regard to-
(a) the context, comprehensiveness and consistency of the document;
(b) the organisation, form and style of the document;
(c) the vocabulary, usage and sentence structure of the text; and
(d) the use of any illustrations examples, headings, or other aids to reading
and understanding.
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Implementation of the laws will be difficult
‘The legislative process appears to
have been more dogmatic than
consultative, more based in theory
than on practice, and international
legislative drafters unfamiliar with
South African common law were
imported to help local drafters.
Although these drafters were highly
conscientious, it means that our
complex linguistic background has
been ignored. In turn, this means
implementation of the laws will be
difficult.’
Candice Burt
Simplified Communications
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Problems with ‘statute-only’ approach
Four problems
• Multilingual complexity
• Regulatory burden
• Lack of guidelines
• Enforceability
And a fifth
• Mixed standards from ‘plain
language’ practitioners
Candice Burt
Simplified Communications
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
United States Plain Writing Act
To enhance citizen access to
Government information and
services by establishing plain
language as the standard style
for Government documents
issued to the public.
… Beginning not later than 1 year after
the date of enactment of this Act, each
agency shall use plain writing in every
covered document of the agency that the
agency issues or substantially revises.
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The growing plain language family
Europe
Scandinavia
Netherlands
Portugal
UK
Asia, Africa, Pacific
Japan
South Korea
Australia
South Africa
North America
United States
Canada
Mexico
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Is plain language ready?
• Where will practitioners come from?
• How and where will they be trained?
• What standards will they work to?
• How will their work be regulated?
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Who is best equipped?
Sweden
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
What will it take?
1. State support at a central level
2. Institutional support in public and private sectors
3. A sound disciplinary structure
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Our plain language institutions.
International
• PLAIN
• Clarity
National
• Some public: Center for Plain Language (USA)
• Some private: Plain English Foundation (Australia)
• Some professional: ESS (Sweden)
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
International Plain Language Working Group
Representatives from 11 countries Belgium
Sweden
Portugal
United Kingdom
Mexico
United States
Canada
Australia
New Zealand
South Africa
Hong Kong
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Options paper and 7 elks
Professionalising plain language
1.A common definition
2.International standards
3.Training
4.Research
5.Advocacy
6.Certification
7.A governing body
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
1. The definition of plain language
‘Outcomes’ versus ‘elements’
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The current hybrid definition
‘A communication is in plain
language if its wording,
structure, and design are so
clear that the intended
audience can readily find
what they need, understand
it, and use it.’
International Plain Language
Working Group
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
2. Standards
Testing versus techniques
• Should a standard be based on ‘techniques’?
• How would we adapt it for different languages?
• Should testing with readers be part of the standard?
• Is a hybrid standard possible?
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
3. Training
Knowing what to teach
• What is plain language practice?
• What does a practitioner need to know?
• What training already exists and what is needed?
• Where should it sit within the academy?
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
IC Clear project
• Funded by the EU through the
Erasmus program
• Involves a consortium of
universities and organisations
in Belgium, Sweden, Austria,
Portugal and Estonia
• Developing the first curriculum
to train clear language
practitioners at a postgraduate
diploma level
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
4. Research
Problems with the research base
• Limited (but growing) plain language studies
• Multidisciplinary base
• Scattered and fragmented research
• Bias toward English and developed countries
• Lack of specificity and applicability
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
5. Advocacy
The Mexican experience
The support Mexico received from other
countries and international organisations
meant that in 2004, the initiative known as
‘Lenguaje Ciudadano’ (Citizen Language)
was implemented successfully.
Undoubtedly, the enthusiasm of Sweden,
the United States, Australia, the United
Kingdom and, in particular, the Spanish
Academy, was not only a source of
inspiration, but a shortcut to advancing a
couple of decades research into best
practice. Carlos Valdovinos
Simplificado Punto
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
6. Certification
Benefits
• Raise professional status of plain language
• Guarantee employee can do the job
• Public protection, assurance and accountability
Risks
• Damage if certified professional does a poor job
• Disputes between practitioners and agency
• Sun may not come up tomorrow
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
7. Institution
International Plain Language Federation
• ‘One step’ forward from existing working group
• Legal entity able to seek funding
• Initial members Clarity, PLAIN, Center for Plain
Language and possibly ESS
• International focus
• Probably based in Europe
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
Return to Norway
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
How are we faring?
Action at three levels
• At a centralised State level
• At an organisational level
• At a disciplinary level
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
At a State level
Growing influence and success
• Research: policies, case studies and conferences
• Resources: networks, publications and training
• Incentives: awards, promotion and exposure
• Direction: directives, reporting and laws
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
At an organisation level
The critical success factors
1. Example of related agencies
2. Training
3. Evaluation
4. Internal champions
5. Executive support
6. Reform of templates and procedures
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
At a disciplinary level
Our 7 elks
1. A common definition
2. International standards
3. Training
4. Research
5. Advocacy
6. Certification
7. A new federation
Avoiding the elks on the rough road to plain language: Klarspråkskonferansen 2012 © Plain English Foundation
The journey continues…
Questions?
Contact details
T: @drplainenglish
W: www.plainenglishfoundation.com
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