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Constitution of the EWIA - a summary1. Objectives

The constitution provides that the objective for which the Institute was established is the support of the proper administration of justice and the early resolution of disputes through fair and unbiased expert evidence. In particular:

  • To create a mutual organisation of experts of all professional disciplines and persons qualified to give expert opinion.

  • To create a mutual organisation of experts of all professional disciplines and persons qualified to give expert opinion.

  • To provide support to its members in order to achieve the Institute's objectives.

  • To provide training, education and support to members by way of courses, seminars, conferences or otherwise.

  • To maintain and enhance high standards in expert witnesses and their status. It is proposed that the Expert Witness Institute will actually work with a wide range of professional bodies, institutions and other organisations to achieve this. It is proposed that the programs will be in both civil and criminal justice systems with education and training to be also provided in alternative dispute resolution procedures and any other areas involving the use of experts.

  • To act as a voice for experts who are members.

  • To encourage the use of experts who are members, wherever specialised knowledge is required.

  • To encourage people with relevant expertise to become expert witnesses in civil and criminal matters. In doing this it will further seek to address the needs of those who currently work as expert witnesses and those who intend or wish to do so.

  • To make representations to government authorities and to other professional bodies as appropriate to achieve its objectives.

  • To provide and safeguard the character and interest of expert members.
2. Values and code of practice

The values of the Expert Witness Institute of Australia concern ethical behaviour, competent performance, innovative practice and expert witness excellence.

To this end, the EWIA proposes to support its objectives by developing its own code of practice and disciplinary system to deal with questions as to whether a member has, inter alia, failed to maintain the standards to be expected of a reasonably skilful and careful expert witness or behaved in a way that might bring discredit to the EWIA. Under the constitution, sanctions including expulsion, admonishment, suspension and the imposition of penalty are provided for. These are likely to provide a reasonable deterrent against abusive membership of the EWIA as well as assisting in contributing to its stated objectives.

3. Patron

The Honourable Mr Justice Michael McHugh AC, a judge in the High Court of Australia, has agreed to be patron of the EWIA and has been appointed to that position. Consideration will be given to the appointment of prominent judicial persons as vice patrons from the various states and territories.

4. Directors

The EWIA will be run by an independent Board of Directors chosen from a number of different disciplines and different states, who are elected by the members. The Institute's independence, impartiality and integrity are guaranteed by the Board. Membership liability is limited. The Institute accounts will be independently audited. There will be full accountability to the members. It is intended that the Institute will establish in due course its own independent administrative secretariat. The constitution provides for the establishment of regional or local branches at the directors' discretion. The Institute is a non-profit making body with its income and capital being required solely for the promotion of its objects and the implementation of its aims.

The constitution provides for the number of directors to be not less than three in number and not more than 12.

The founding and present directors are:

  • The Honourable Alan Richard Abadee RFD QC (Chairman), a retired judge of the Supreme Court of New South Wales.

  • The Honourable Mr Justice Glen Williams (Deputy Chairman), judge of the Court of Appeal of the Supreme Court of Queensland.

  • Dr Richard Tjiong (Company Secretary), medical specialist of New South Wales and former foundation chairman of UNITED Medical Protection.

  • Mr Wayne Lonegan (Treasurer), accountant of New South Wales and director of the Securities Institute.

  • Dr Maurice Wallin (Director), medical practitioner of Victoria and president of the Australian College of Legal Medicine.

  • Mr Tom Baxter (Director), engineer from Queensland and presently vice president of the Institute of Engineers (Australia).

5. Membership

The Constitution provides that the membership of the Institute is to consist of fellows, individual members, corporate and professional body association members as well as associate members. A benefit of corporate or professional body association membership is that it entitles the organisation to select from its members or employees persons who shall from time to time participate in courses, seminars, training and other activities organised or arranged by the Institute for its members.

There is an annual membership fee for individuals and a separate fee for corporation, professional body or association members. It is proposed that companies and professional bodies that become founding sponsors will as part of their sponsorship be given corporate membership for a period of time to be determined by the directors.

6. Committees

It is intended that the EWIA will establish a number of committees, including an Education Committee, Membership Committee and Judicial Liaison Committee. Membership of these committees will not necessarily be limited to members of the Board of Directors or members of the EWIA.

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