TERMS OF REFERENCE

Updates and background for this project (Digest)

Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Attorney General, the Honourable Bob Debus MP, referred the following matter to the Law Reform Commission by letter dated 16 September 2004:

1. To inquire into and report on the operation and effectiveness of the rules and procedures governing expert witnesses in New South Wales.

2. In undertaking this inquiry, the Commission should have regard to:


• recent developments in New South Wales and other Australian and international jurisdictions in relation to the use of expert witnesses, including developments in the areas of single or joint expert witnesses, court-appointed expert witnesses, and expert panels or conferences;

• current mechanisms for the accreditation and accountability of expert witnesses for the purposes of court proceedings, including the practice of expert witnesses offering their services on a “no win, no fee” basis;

• the desirability of sanctions for inappropriate or unethical conduct by expert witnesses; and any other related matter.


3. The Commission to report no later than 31 March 2005.