 1.
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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