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AIEW Code of Conduct

The ethical and professional standards that govern all AIEW accredited expert witnesses.

All AIEW members and accredited experts are bound by this Code of Conduct.

Preamble

This Code of Conduct establishes the ethical and professional standards expected of all experts accredited by the Australian Institute of Expert Witnesses. The Code is designed to ensure that expert evidence provided by AIEW members is independent, objective, and assists the court in reaching a just outcome. Compliance with this Code is a condition of AIEW membership and accreditation.

Code Principles

Independence & Objectivity

Experts must maintain complete independence from parties and outcomes. The expert's primary duty is to the court, not to the instructing party. Experts must not allow their opinions to be influenced by the interests of any party.

Avoiding Advocacy

Experts must not act as advocates for any party. Expert evidence should be, and should be seen to be, impartial and objective. Experts must not omit material facts or evidence that might detract from their opinions.

Conflicts of Interest

Experts must disclose any potential conflicts of interest before accepting an engagement. This includes financial, personal, professional, or other relationships that could affect independence. Experts must decline engagements where conflicts cannot be adequately managed.

Factual Basis

Expert opinions must be based on facts that are within the expert's knowledge or that are assumed. All facts and assumptions must be clearly stated in the expert's report. Experts must distinguish clearly between facts and opinions.

Established Methods

Experts must apply methods and techniques that are accepted within their profession or field of expertise. Where multiple methods exist, the expert should explain why the chosen method is appropriate and acknowledge alternatives.

Transparent Reasoning

The reasoning process leading to expert opinions must be transparent and documented. Reports must explain how conclusions were reached, including any limitations, uncertainties, or qualifications to the opinions expressed.

Error Correction

If an expert becomes aware of an error in their report or testimony, they must promptly notify all parties and the court. Experts must be willing to revise opinions if presented with new evidence or information that warrants revision.

Confidentiality

Experts must maintain confidentiality of all information received in connection with their engagement. Information must not be disclosed except as required by law, court order, or with appropriate consent.

Court Procedures

Experts must comply with all applicable court rules and procedures, including the requirements of the Civil Procedure Act and relevant court practice notes. Experts must cooperate with other experts in preparing joint reports where directed.

AIEW Standards

Experts must comply with all AIEW standards, policies, and procedures, including the AIEW Peer Review Framework. Participation in quality assurance processes is mandatory for all accredited experts.

Enforcement & Disciplinary Procedures

Breaches of this Code may result in disciplinary action by the AIEW Ethics & Standards Committee. Sanctions may include warnings, suspension of accreditation, or termination of membership. Serious breaches may be reported to relevant professional bodies or regulatory authorities.

Report a Concern

Questions About the Code?

Contact the Ethics & Standards Committee for guidance on Code interpretation.