Computer Consultants:

The computer industry is still a rapidly developing field of technical expertise and enterprise. A great deal of commerce and business is being conducted with the use of technology that seems to be constantly innovating. It is difficult to image a business today that does not rely somehow on computer technology as an essential part of its operational dealings with customers, staff and so forth. This reliance, and the continuing specialisation of information technology systems, means that individuals and business entrepreneurs may become increasingly dependent on the expert skills and knowledge of consultants to install, maintain, and operate computer technology and systems.

As a consequence, there will be a particular level or standard of care that computer consultants will be expected to have when discharging their duties. Any loss or damage suffered by an individual or a business which can be traced to poor servicing of computer systems of technology may form the basis of a claim in professional negligence against the responsible computer consultant. Obvious risk areas are data loss and corruption, but other liabilities may also arise from the activity of a computer consultant.

Professional negligence cases are notoriously difficult to prosecute, but a person who has been served with a claim should not make the mistake of taking it lightly. It can not only cause severe damage to the accused party’s professional reputation (and this can be fatal in an industry of this type), but can also result in very onerous penalties.

One basic way to ascertain precisely what an industry specific professional standard might be is to consult with the representative body or association for that profession. The Australian Computer Society is a body which has articulated a set of professional standards, and these can be appealed to when a question of misconduct or negligence arises against a computer consultant.

In broad terms, the Society “is the association for Australia’s information and communications technology profession” and is dedicated to “recognising professionalism, developing [information and communications technology] skills” as well as “advancing our industry as a whole and upholding the highest standards of professional conduct through [their] Code of Ethics.” [1] The Code of Ethics:

“are part of the ACS Constitution. As an ACS member you must uphold and advance the honour, dignity and effectiveness of being a professional. This entails, in addition to being a good citizen and acting within the law, your adherence to the following Society values [...]” [2]

The Code lists various values and principles that its members are expected to subscribe to and uphold. These are headed “Primacy of the public interest”, “The enhancement of quality of life”, “Honesty”, “Competence”, “Professional development” and “Professionalism”. One thing that comes immediately to mind is the vague nature of these general concepts.

The broad concepts outlined in the Code will have to be interpreted against the legal principles which assist in determining whether a “duty of care” has been breached, and these determinations will necessarily be made on a case by case basis. This is because those principles outlined in the Code are too vague in themselves to have any real utility in making a determination as to whether the computer consultant’s conduct was or was not professionally negligent.

Interpreting the relevant laws against the facts of each case can be a complicated process and may also require the use of expert evidence in the event that the matter is brought before a court for Hearing. The nature of negligence cases means that these considerations will likely be heavily fact based as well. It is important to carefully approach a professional negligence claim so that the right strategies can be formed when dealing to a claim or a defence against a claim of this type.

If you require assistance with a computer consultants negligence matter you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors. 

[1] “About the ACS” Australian Computer Society (undated) <www.acs.org.au> (accessed 15 October 2013).

[2] ACS Code of Ethics (Australian Computer Society, undated). The Code is available at the website of the Australian Computer Society located at <www.acs.org.au> (accessed 15 October 2013).

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