Obtaining expert evidence 110-11030060
For Intelligence and Investigations Branch only
This document outlines how evidence from an expert witness can be obtained for fraud investigation and how details are to be maintained on the investigation record.
Expert witness
An expert witness is an independent witness with a high level of knowledge, skill or a specialist in the field of evidence to be presented. They should be selected with consideration of their standing, qualifications, capabilities and relevant experience. They may be a person from within Services Australia, or an external person.
The witness needs to be impartial and separate from the investigation team. They are to be quarantined from the investigation to ensure that their expert opinion is impartial.
Investigation record
The following case notes and documents are to be recorded:
- any relevant legal advice obtained regarding using an expert witness
- court practice notes or case law relating to expert witnesses
- if experts are to examine material that has a security classification, consider the need for a non-disclosure agreement before starting work on the investigation
A witness statement or affidavit from the expert witness is to have a full list of their formal qualifications and a summary of their relevant experience.
The Resources page contains a link to the Publications page of the Commonwealth Director of Public Prosecutions website.
Related links
Gathering information and evidence for fraud investigations
Gathering information from internal sources
Creating or reviewing the investigation plan