Obtaining expert evidence 110-11030060

When planning a fraud investigation, determine if an expert witness is required. This may not be evident until after the investigation has begun, upon reviewing the investigation plan and evidence matrix.

An expert witness can be a person within Services Australia, or an external person.

Expert witness evidence: Requests for technical assistance or expert witness statements in relation to IVR, ICT, CRAM, call recordings and translation of call recordings should be made by email to Intelligence and Investigations Governance and Relationship Management using the template on the Investigation Toolkit.

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.

In selecting an expert witness, consider their standing, qualifications, capabilities and relevant experience.

The following procedures may help in identifying an appropriate expert witness:

• Gathering information from internal sources
• Requesting information from other Commonwealth Government agencies

Create an activity or task within the investigation case management system and enter required details.

An expert witness is to be quarantined from the investigation to ensure that their expert opinion is impartial.

If the expert is to examine material that has a security classification, consider the need for a non-disclosure agreement.

If a witness statement/affidavit is to be obtained, it should provide a full list of the expert's formal qualifications and a summary of their relevant experience. See Witness statements.

Update activity/task within the investigation case management system to attach relevant documents and to complete relevant fields:

• name of expert witness contacted
• record relevant notes about the contact with the witness

Update Expert Witness activity to attach relevant documents and complete relevant fields:

• response received date
• if witness statement obtained
• record relevant notes
• update status to record:
• if the statement or certificate has been obtained. Go to Step 6
• if the statement or certificate was requested but could not be obtained (close the activity/task). Procedure ends here

The following details and are to be maintained on the investigation record:

• any relevant legal advice obtained regarding using an expert
• court practice notes or case law relating to expert witnesses