Social Workers Registration Act 2003

1: Title
This Act is the Social Workers Registration Act 2003.
1: Preliminary
2: Commencement
1: Sections 6 to 149
a: different dates may be appointed for different provisions; but
b: the date appointed for any of sections 97 to 113 Schedule 1
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 November 2003 Social Workers Registration Act Commencement Order 2003 Section 2(1) brought into force 1 October 2004 Social Workers Registration Act Commencement Order 2003 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is—
a: to protect the safety of members of the public, by prescribing or providing for mechanisms to ensure that social workers are—
i: competent to practise; and
ii: accountable for the way in which they practise; and
b: for the purposes of paragraph (a), to create a framework for the registration of social workers in New Zealand and determine their scopes of practice
i: establish a board to register social workers, and provide for its powers; and
ii: establish a tribunal to consider complaints about social workers
c:
d: to enhance the professionalism of social workers. Section 3(b) amended 27 February 2021 section 4(1) Social Workers Registration Legislation Act 2019 Section 3(b)﻿(ii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 3(c) repealed 27 February 2021 section 4(2) Social Workers Registration Legislation Act 2019
4: Interpretation
In this Act, unless the context otherwise requires,— Board section 97 certificate of registration section 20 code of conduct section 105 competence assessment section 42 direction Director of Proceedings section 15(1) Health and Disability Commissioner section 8 health services or disability services Health and Disability Commissioner Act 1994 limited registration medical practitioner section 114(1)﻿(a) Minister practise as a social worker practising certificate
a: means a practising certificate issued under section 28(1) section 33(3)﻿(b)
b: includes an interim practising certificate issued under section 33(3)﻿(a) section 37 prescribed qualification section 5B Register section 121 Registrar section 137(1) registration section 123(1) re-registration scope of practice
a: in relation to the social work profession, means 1 or more social work services performed by the social work profession that are described as a scope of practice by the Board under section 5A
b: in relation to an individual social worker, means 1 or more social work services (described in a scope of practice under section 5A section 8A social work service social worker transition day Parts 2 to 4 Tribunal section 114 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 15 January in the following year. Section 4 medical practitioner substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 4 particular condition repealed 28 February 2019 section 5(1) Social Workers Registration Legislation Act 2019 Section 4 practise as a social worker inserted 27 February 2021 section 6(1) Social Workers Registration Legislation Act 2019 Section 4 prescribed qualification inserted 28 February 2019 section 5(2) Social Workers Registration Legislation Act 2019 Section 4 recognised New Zealand qualification repealed 27 February 2021 section 6(2) Social Workers Registration Legislation Act 2019 Section 4 registered social worker repealed 28 February 2019 section 5(1) Social Workers Registration Legislation Act 2019 Section 4 scope of practice replaced 27 February 2021 section 6(3) Social Workers Registration Legislation Act 2019 Section 4 social work service inserted 28 February 2019 section 5(2) Social Workers Registration Legislation Act 2019 Section 4 social worker inserted 28 February 2019 section 5(2) Social Workers Registration Legislation Act 2019 Section 4 working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 4 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 28 February 2019 section 7 Social Workers Registration Legislation Act 2019
5: Act binds the Crown
This Act binds the Crown.
1A: Scopes of practice for social work profession and prescribed qualifications
Part 1A inserted 28 February 2019 section 8 Social Workers Registration Legislation Act 2019
5A: Board to determine scopes of practice for social work profession
1: The Board must, by notice
2: A scope of practice and the services described in it may be described as the Board thinks fit, including in 1 or more of the following ways:
a: by reference to a name or form of words that is commonly understood by persons who work in the social work services sector:
b: by reference to an area of social science or learning:
c: by reference to tasks commonly performed:
d: by reference to individual, interpersonal, or community needs to be alleviated.
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The maker must also ensure that an up to date version of the notice is: •	published on a website •	available for inspection free of charge at the Board’s office during business hours •	available for sale at a reasonable price at the Board’s office during business hours Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5A inserted 28 February 2019 section 8 Social Workers Registration Legislation Act 2019 Section 5A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5B: Prescribed qualifications
1: The Board must, by notice section 5A
2: When prescribing qualifications, the Board must be guided by the following principles:
a: a qualification (either on its own or together with 1 or more other prescribed qualifications) must be necessary to protect the public:
b: the number and types of qualifications prescribed for a scope of practice must not be so limited as to unnecessarily restrict the registration of persons as social workers:
c: the qualifications (in total) prescribed for a scope of practice must not impose undue costs on persons seeking to be registered as social workers or the public.
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The maker must also ensure that an up to date version of the notice is: •	published on a website •	available for inspection free of charge at the Board’s office during business hours •	available for sale at a reasonable price at the Board’s office during business hours Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5B inserted 28 February 2019 section 8 Social Workers Registration Legislation Act 2019 Section 5B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5C: Provisions relating to sections 5A and 5B
1: The Board may at any time, by notice section 5A 5B
2: The amendment, revocation, or replacement of a notice under section 5B
3: Before the Board makes section 5A 5B
a: persons who the Board considers are able to represent the views of social workers or of classes of social workers; and
b: persons who the Board considers are able to represent the views of employers of social workers; and
c: organisations—
i: that the Board considers will be affected by the proposal; or
ii: whose members the Board considers will be affected by the proposal.
4: A notice under this section is secondary legislation ( see Part 3
5: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The maker must also ensure that an up to date version of the notice is: •	published on a website •	available for inspection free of charge at the Board’s office during business hours •	available for sale at a reasonable price at the Board’s office during business hours Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5C inserted 28 February 2019 section 8 Social Workers Registration Legislation Act 2019 Section 5C(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5C(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5C(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5C(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
2: Registration, authorisation to practise within scope of practice, and practising certificates
Part 2 heading replaced 27 February 2021 section 9 Social Workers Registration Legislation Act 2019 Key provisions Heading replaced 27 February 2021 section 10 Social Workers Registration Legislation Act 2019
6AA: Unregistered person must not claim to be social worker
1: A person may use names, words, titles, initials, abbreviations, or descriptions stating or implying that they are a social worker only if they are registered as a social worker under this Act (and their registration is not suspended).
2: No person may claim to be practising as a social worker, or state or do anything that is calculated to suggest that they practise or are willing to practise as a social worker, unless—
a: they are registered as a social worker under this Act (and their registration is not suspended); and
b: they hold a current practising certificate as a social worker (and their practising certificate is not suspended).
3: No person may make an express or implied statement about another person that the other person is prohibited by this section from making about themselves.
4: The prohibitions under this section do not apply to a person who states that they are willing to practise as a social worker for the purpose of seeking employment if the person would, on obtaining employment, be entitled to—
a: be registered as a social worker; and
b: hold a current practising certificate as a social worker. Section 6AA inserted 27 February 2021 section 11 Social Workers Registration Legislation Act 2019
6AAB: Key requirements for practising as social worker
1: No person may practise as a social worker unless—
a: they are registered as a social worker (and their registration is not suspended); and
b: they practise within the terms of their individual scope of practice (authorised under section 8A
c: they hold a current practising certificate issued by the Board (and their practising certificate is not suspended).
2: Nothing in this section applies to a social worker who performs social work services—
a: in an emergency; or
b: in the course of an examination, an assessment, or a competence review required or ordered by the Board. Section 6AAB inserted 27 February 2021 section 11 Social Workers Registration Legislation Act 2019
6: Entitlement of New Zealand-qualified applicants to registration within scope of practice
1: A person who has a prescribed qualification for a scope of practice within that scope of practice
a: that his or her competence to practise as a social worker Part 3
b: that he or she is a fit and proper person to practise as a social worker
c: that (whether because of the inclusion of an appropriate component in that qualification, or as a result of his or her satisfactory completion of a separate course or courses of training) he or she—
i: is competent to practise as a social worker
ii: is competent to practise as a social worker
d: that he or she has enough practical experience in practising as a social worker
2: Subsection (1)﻿(a) Section 6 heading replaced 27 February 2021 section 13(1) Social Workers Registration Legislation Act 2019 Section 6(1) amended 27 February 2021 section 13(2) Social Workers Registration Legislation Act 2019 Section 6(1) amended 27 February 2021 section 13(3) Social Workers Registration Legislation Act 2019 Section 6(1)﻿(a) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 6(1)﻿(b) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 6(1)﻿(c)﻿(i) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 6(1)﻿(c)﻿(ii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 6(1)﻿(d) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 6(2) inserted 28 February 2019 section 12 Social Workers Registration Legislation Act 2019
7: Entitlement of overseas-qualified applicants to registration within scope of practice
A person who does not have a prescribed qualification for a scope of practice within that scope of practice
a: he or she has an overseas qualification equivalent to a prescribed qualification for a scope of practice
i: is competent to practise as a social worker
ii: is competent to practise as a social worker
b: either—
i: he or she is registered or licensed as a social worker, or as the practitioner of a profession equivalent to that of a social worker, in a State other than New Zealand (whether the State in which the equivalent qualification was obtained or some other State); or
ii: there are good reasons for his or her not being so registered or licensed; and
c: he or she has satisfactorily completed a course or courses of training ensuring that he or she—
i: is competent to practise as a social worker
ii: is competent to practise as a social worker
d: he or she can speak and write English reasonably effectively, and understand spoken and written English reasonably well; and
e: he or she has enough practical experience in practising as a social worker
f: his or her competence to practise as a social worker Part 3
g: he or she is a fit and proper person to practise as a social worker
h: he or she intends to live and practise as a social worker Section 7 heading replaced 27 February 2021 section 14(1) Social Workers Registration Legislation Act 2019 Section 7 amended 27 February 2021 section 14(2) Social Workers Registration Legislation Act 2019 Section 7 amended 27 February 2021 section 14(3) Social Workers Registration Legislation Act 2019 Section 7(a) amended 27 February 2021 section 14(2) Social Workers Registration Legislation Act 2019 Section 7(a)﻿(i) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 7(a)﻿(ii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 7(c)﻿(i) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 7(c)﻿(ii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 7(e) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 7(f) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 7(g) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 7(h) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Applications
8: Applications for registration and authorisation to practise within scope of practice of social work profession
1: This section applies to every application by—
a: a person who applies to be registered under section 6 7 section 5A
b: a social worker who applies for a change in the authorisation of their existing individual scope of practice.
2: An application must be made to the Registrar and must—
a: be made in a form, and contain the information, that is required by the Board; and
b: be accompanied by—
i: an indication of—
A: the scope of practice of the profession that the applicant proposes to be authorised to practise within and the 1 or more social work services the applicant seeks to be permitted to perform under that scope of practice; or
B: the change the social worker wishes to have made to their existing individual scope of practice; and
ii: any evidence in support of the application that is required by the Board; and
iii: the fee (if any) set by the Board.
3: When the Registrar receives a valid application that complies with this section, the Registrar must promptly submit the application to the Board for its consideration.
4: However, if any fine imposed on a social worker under section 83
5: If the Registrar declines to submit an application to the Board under subsection (4), the social worker may apply in writing to the Board requesting a review of the Registrar’s decision, and the Board must, as soon as practicable, review the decision and either confirm or revoke it. Section 8 replaced 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8A: Board may authorise individual scope of practice for applicant or change to individual scope of practice for social worker
1: The Board must promptly consider applications received from the Registrar.
2: The Board may authorise an applicant to practise within a scope of practice of the social work profession.
3: The contents of an authorisation (together with any applicable general conditions) form the applicant's individual scope of practice ( see section 8B
4: The Board may authorise a change to the existing individual scope of practice of a social worker.
5: If an applicant (including a social worker applying for a change in their individual scope of practice) is, under section 8E(4) Section 8A inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8B: Contents of authorisation of individual scope of practice
1: An authorisation under section 8A(2) and (3)
2: An authorisation under section 8A(4)
a: the applicable scope of practice of the profession:
b: the social work service or services under that scope of practice that the applicant will now be permitted to perform or not permitted to perform:
c: the cancellation or variation of an existing condition:
d: the inclusion of a new condition.
3: Any condition included in an authorisation must be of a kind that the Board considers is required to ensure the competent practice of the applicant and, without limitation, may include any of the following:
a: a condition that the applicant practise subject to the supervision of 1 or more nominated social workers or social workers of a stated class:
b: a condition that the applicant practise subject to the oversight of 1 or more nominated social workers or social workers of a stated class:
c: a condition that the applicant not perform any task of a stated kind or that the applicant perform that task only in stated circumstances:
d: a condition that the applicant practise only in a stated capacity, for example, as an employee of a nominated person or a person of a stated class:
e: a condition that the applicant practise in association with 1 or more nominated persons or persons of a stated class:
f: a condition that the applicant practise only for a specified period:
g: a condition that the applicant attain 1 or more further stated qualifications or attain further experience of a stated kind:
h: a condition that the Board believes on reasonable grounds to be necessary to protect the safety of the public. Section 8B inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8C: Assessment of social workers practising under supervision
If an authorisation includes a condition referred to in section 8B(3)﻿(a)
a: that 1 or more of the supervising social workers assess and report to the Board at specified intervals (whether generally or in relation to any particular case or class of case) on the performance of the applicant; and
b: that each of those reports set out a recommendation as to whether the condition requiring the applicant to practise subject to supervision should continue to apply. Section 8C inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8D: Board may require applicant to take and pass examination or assessment
1: For the purpose of considering an application under section 8
a: whether the applicant is competent to practise, in New Zealand, all or some of the social work services described in the scope of practice of the profession in respect of which the applicant seeks to be, or agrees to be, registered:
b: whether the applicant’s ability to communicate in and comprehend English is sufficient to protect the safety of the public.
2: A requirement under subsection (1) is part of the process of considering the application and must not be taken as a proposal to decline the application. Section 8D inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8E: Board must inform applicant that it proposes to depart from indicated scope of practice or to decline application
1: In assessing an application under section 8
2: If the Board proposes to authorise an applicant to practise in any way that differs from the indication given by the applicant, the Board must inform the applicant in writing of its reasons for proposing to do so.
3: If the Board proposes to decline the application, the Board must inform the applicant in writing of its reasons for proposing to do so.
4: When the Board informs an applicant that it proposes to authorise them to practise in any way that differs from the indication given by the applicant or to decline their application, it must also give them—
a: a copy of any written information on which the Board is relying; and
b: a written summary of any other information on which the Board is relying; and
c: a reasonable opportunity to make written submissions and be heard, either personally or by their representative.
5: Subsection (4)﻿(a) and (b) is subject to section 142 Section 8E inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8F: Decisions of Board on registration
1: If the Board authorises an individual scope of practice for an applicant who meets the criteria in section 6 7 14 15
2: The Registrar must promptly notify an applicant who has been registered of the fact of their registration, the contents of the authorisation by the Board (and any applicable general conditions) that form their individual scope of practice, and the reasons for any condition that has been included.
3: If the Board decides that an applicant’s registration is to be provisional or temporary, the Registrar must also notify them of—
a: the fact that it is provisional or temporary; and
b: the duration of the registration; and
c: the Board’s reasons.
4: If the Board, after considering an application for registration, decides that the applicant should not be registered, the Registrar must promptly notify the applicant of the decision and the reasons for it. Section 8F inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8G: Decisions of Board on change to individual scope of practice
1: As soon as practicable after the Board authorises a change to an individual scope of practice, the Registrar must enter the change in the Register and promptly notify the social worker of the change and the reasons for it.
2: A change must also be endorsed on the social worker’s practising certificate under section 35A
3: If the Board, after considering an application for a change to an existing individual scope of practice, decides that the change should not be authorised, the Registrar must promptly notify the social worker of the decision and the reasons for it. Section 8G inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019
8H: Board may adopt general conditions
1: The Board may, as it thinks fit, adopt any conditions to apply to the individual scopes of practice ( see section 8A
2: The conditions may include a condition relating to supervision.
3: Conditions under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8H inserted 27 February 2021 section 15 Social Workers Registration Legislation Act 2019 Section 8H(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Consideration of applications by Board
Section 9 repealed 27 February 2021 section 17 Social Workers Registration Legislation Act 2019
10: Provisional registration
1: A person registered provisionally must be registered with conditions in their individual scope of practice appropriate to their circumstances.
2: The duration of any period of provisional registration of a person to whom section 14
3: The duration of any period of provisional registration of a person to whom section 14
a: must be no more than 2 years; and
b: must be such that, when it is added to the duration of any previous period or periods of limited registration of the person, the total is no more than 8 years. Section 10(1) replaced 27 February 2021 section 19 Social Workers Registration Legislation Act 2019 Section 10(2) amended 28 February 2019 section 18(2) Social Workers Registration Legislation Act 2019 Section 10(3) amended 28 February 2019 section 18(2) Social Workers Registration Legislation Act 2019
11: Temporary registration
1: A person registered temporarily—
a: must be registered with conditions in their individual scope of practice relating to the institution or place where they intend to practise as a social worker:
b: may also be registered with other conditions in their individual scope of practice.
2: The duration of any period of temporary registration of a person (or of any period for which a person's temporary registration is renewed)—
a: must be no more than 6 months; and
b: must be such that, when it is added to the duration of any previous period or periods of limited registration of the person, the total is no more than 3 years. Section 11(1) replaced 27 February 2021 section 21 Social Workers Registration Legislation Act 2019 Criteria Heading repealed 27 February 2021 section 23 Social Workers Registration Legislation Act 2019
12: Criteria for full registration
Section 12 repealed 27 February 2021 section 23 Social Workers Registration Legislation Act 2019
13: Board may recognise practical experience in certain cases
1: The Board may decide that the applicant should be registered fully if—
a: he or she has neither a recognised New Zealand qualification nor an overseas qualification equivalent to a recognised New Zealand qualification; but
b: the Board is satisfied that—
i: his or her practical experience in practising as a social worker
ii: his or her competence to practise as a social worker Part 3
iii: he or she is a fit and proper person to practise as a social worker
iv: that (whether as a result of his or her satisfactory completion of a course or courses of training, or because his or her practical experience in practising as a social worker
A: is competent to practise as a social worker
B: is competent to practise as a social worker
2: Subsection (1) overrides section 12 Section 13(1)﻿(b)﻿(i) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 13(1)﻿(b)﻿(ii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 13(1)﻿(b)﻿(iii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 13(1)﻿(b)﻿(iv) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 13(1)﻿(b)﻿(iv)﻿(A) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 13(1)﻿(b)﻿(iv)﻿(B) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019
14: Criteria for provisional registration
The Board must decide that the applicant should be registered provisionally if satisfied—
a: that the applicant’s competence to practise as a social worker has been found satisfactory under Part 3
b: that they are a fit and proper person to practise as a social worker, meet some of the other criteria in section 6 7
c: in the case of an applicant who has previously held a provisional certificate of registration, that they—
i: have already made satisfactory progress in working towards meeting all the criteria in section 6 7
ii: have good reasons for not having made satisfactory progress in doing so. Section 14 replaced 28 February 2019 section 25 Social Workers Registration Legislation Act 2019
15: Criteria for temporary registration
The Board must decide that the applicant should be registered temporarily if
a: is a fit and proper person to practise as a social worker
b: can speak and write English reasonably effectively, and understand spoken and written English reasonably well; and
c: is or will be visiting New Zealand temporarily, and wishes to practise as a social worker
d: has enough knowledge and practical experience of social work to practise as a social worker Section 15 amended 28 February 2019 section 26 Social Workers Registration Legislation Act 2019 Section 15(a) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 15(c) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 15(d) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019
16: Applications by certain people previously registered
1: If the Tribunal has under section 84(1)﻿(b)
2: Subsection (1) overrides sections 6 7 12 to 15
17: Board to give reasons
Section 17 repealed 27 February 2021 section 28 Social Workers Registration Legislation Act 2019 Registration generally Heading repealed 27 February 2021 section 30 Social Workers Registration Legislation Act 2019
18: Registrar to register successful applicants
Section 18 repealed 27 February 2021 section 30 Social Workers Registration Legislation Act 2019
19: Registrar to notify unsuccessful applicants
Section 19 repealed 27 February 2021 section 31 Social Workers Registration Legislation Act 2019 Certificates of registration Heading inserted 28 February 2019 section 32 Social Workers Registration Legislation Act 2019
20: Certificates of registration
1: The Registrar must give a certificate of registration to any social worker social worker
2: The certificate—
a: must be signed and dated by the Registrar; and
b: must state all the information about the social worker the Board requires for certificates of registration.
3: If the social worker has only provisional or temporary registration, the certificate must say so. Section 20(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
21: Surrender of certificate of registration
1: The cancellation or suspension of a social worker’s
2: A person must deliver to the Registrar the certificate of registration he or she holds, within 14 days after the Registrar—
a: gives him or her notice that his or her registration has been cancelled or suspended; or
b: gives him or her—
i: notice that
ii: a new certificate of registration containing the current Section 21(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 21(2)﻿(b)﻿(i) amended 28 February 2019 section 33(1) Social Workers Registration Legislation Act 2019 Section 21(2)﻿(b)﻿(ii) amended 28 February 2019 section 33(1) Social Workers Registration Legislation Act 2019 Section 21(2)﻿(b)﻿(ii) amended 28 February 2019 section 33(2) Social Workers Registration Legislation Act 2019 Limited registration
22: Renewal of limited registration
1: A social worker
2: If the application is accompanied by the application fee (if any) set by the Board, the Board may direct the Registrar to—
a: renew the registration until a day (not more than 6 months after the day on which it would otherwise expire) stated in the notice; and
b: give a further certificate of registration.
3: Subsection (2) does not apply to a social worker
4: Subsection (2) is subject to subsection (3), and to sections 10(2) 139(1) Section 22(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 22(3) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
23: Criteria for renewal of limited registration
1: The Board must not direct the renewal of provisional registration unless satisfied,—
a: in the case of an applicant to whom section 14
i: still intends to work towards meeting the criteria in section 6 section 7
ii: still intends to work towards meeting the criteria in section 6 section 7
b: in any other case, that the applicant is still in the process of working towards meeting the criteria in section 6 section 7
i: has made satisfactory progress in doing so; or
ii: has good reasons for not having made satisfactory progress in doing so.
2: The Board must not direct the renewal of temporary registration unless satisfied that the applicant still meets the criteria in section 15 Section 23(1)﻿(a) amended 28 February 2019 section 34 Social Workers Registration Legislation Act 2019
24: Cancellation of limited registration
1: The Board may, at any time in its absolute discretion, cancel a social worker’s limited registration; and, if it does so, the Registrar must make reasonable efforts to give them written notice, signed and dated by the Registrar,—
a: that their registration has been cancelled; and
b: of the reasons for the cancellation; and
c: that they are required by section 21(2)﻿(a)
2: The Board must not cancel a social worker’s limited registration unless—
a: it is satisfied that the Registrar has made reasonable efforts to give that social worker—
i: written notice of the Board’s reasons for proposing to do so; and
ii: a copy of any written information on which the Board is relying; and
iii: a written summary of any other information on which the Board is relying; and
iv: written notice giving the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
b: the Board has then—
i: given the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
ii: considered any written or oral submissions that were made to it.
3: A person exercising their right to be heard personally is entitled to be accompanied by 1 person of their choice who agrees to attend. Section 24 replaced 28 February 2019 section 35 Social Workers Registration Legislation Act 2019 Practising certificates
25: Practising registered social workers to hold practising certificates
Section 25 repealed 27 February 2021 section 37 Social Workers Registration Legislation Act 2019
26: Applications for practising certificates
1: A social worker
2: An application for a practising certificate must—
a: be made on a form provided by the Board for the purpose; and
b: be accompanied by the fee (if any) set by the Board.
3: The form may require any information the Board thinks appropriate, including a statement specifying whether the applicant is, at the date of the application, employed as a social worker. Section 26(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
27: Effect of making compliant application
1: If an application for a practising certificate complies with section 26
a: the time the Registrar issues a practising certificate to the applicant; and
b: the time the Registrar notifies the applicant in writing that he or she refuses to issue a practising certificate.
2: If an application for a practising certificate complies with section 26
3: This subsection applies to an applicant for a practising certificate if—
a: he or she is a social worker
b:
c: the Registrar—
i: has previously notified the applicant that he or she refuses to issue a practising certificate to the applicant; and
ii: has not later issued a practising certificate to the applicant. Section 27(3)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 27(3)﻿(b) repealed 28 February 2019 section 38 Social Workers Registration Legislation Act 2019
28: Issue of practising certificates
1: On receiving an application that complies with section 26 either in hard copy or electronically
2: Sections 30 139 Section 28(1) amended 28 February 2019 section 39 Social Workers Registration Legislation Act 2019
29: Board may adopt general conditions
Section 29 repealed 27 February 2021 section 41 Social Workers Registration Legislation Act 2019
30: Restrictions on issue of practising certificates
1: The Registrar must refer an application for a practising certificate to the Board if he or she—
a: believes on reasonable grounds that—
i: the applicant has not completed a competence assessment required by this Act; or
ii: the applicant has completed a competence assessment required by this Act, but the results are not yet available; or
iii: the applicant has completed a competence assessment required by this Act, and the results seem unsatisfactory; or
iv: the applicant has previously held a practising certificate, but has not held a practising certificate within the 3 years immediately before the date of the application; or
b: suspects on reasonable grounds that the applicant—
i: has at any time failed to maintain a reasonable standard of professional competence; or
ii: has not been practising as a social worker
iii: is not a fit and proper person to practise as a social worker
iv: has failed to fulfil or comply with a condition included in the applicant’s individual scope of practice.
2: The Registrar may refer an application for a practising certificate to the Board if the applicant was first registered within the 3 years immediately before the date of the application.
2A: The Registrar may refer any application for a practising certificate to the Board for it to decide whether the person is a fit and proper person to practise as a social worker, if the Registrar has reason to suspect that the applicant is not a fit and proper person to practise as a social worker.
3: The Registrar may refuse to issue a practising certificate if satisfied that any information included in the application for it is false or misleading.
4: Section 30(1)﻿(b)﻿(ii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 30(1)﻿(b)﻿(ii) amended 28 February 2019 section 42(1) Social Workers Registration Legislation Act 2019 Section 30(1)﻿(b)﻿(iii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 30(1)﻿(b)﻿(iv) inserted 27 February 2021 section 43 Social Workers Registration Legislation Act 2019 Section 30(2A) inserted 28 February 2019 section 42(2) Social Workers Registration Legislation Act 2019 Section 30(4) repealed 28 February 2019 section 42(3) Social Workers Registration Legislation Act 2019
31: Board to consider certain applications
1: Promptly after the Registrar refers an application for a practising certificate to the Board, the Board must consider,—
a: unless the referral is made under section 30(1)﻿(b)﻿(iii) section 38
b: if the referral is made under section 30(1)﻿(b)﻿(iii) section 47
2: See section 32 section 33 Section 31 replaced 28 February 2019 section 44 Social Workers Registration Legislation Act 2019
32: Procedure for consideration
1: Subsections (2) and (3) apply if the Board decides that it should consider whether to direct the Registrar to—
a: issue a practising certificate with conditions in the applicant’s individual scope of practice
b: refuse to issue a practising certificate.
2: The Board must give the applicant concerned a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative.
3: The Registrar must give the applicant—
a: written notice that—
i: the Board is considering whether to direct the Registrar to issue a practising certificate with conditions in the applicant’s individual scope of practice
ii: the applicant has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
b: a copy of any written information and a written summary of any other information
4: The notice must also state the substance of the grounds on which the Board is considering whether to act.
5: A person exercising his or her right to be heard personally is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
6: The Board may permit a person exercising his or her right to be heard personally to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (5). Section 32(1)﻿(a) amended 27 February 2021 section 46(1) Social Workers Registration Legislation Act 2019 Section 32(3)﻿(a)﻿(i) amended 27 February 2021 section 46(2) Social Workers Registration Legislation Act 2019 Section 32(3)﻿(b) amended 28 February 2019 section 45(3) Social Workers Registration Legislation Act 2019
33: Decisions of Board as to practising certificates
1: Where the Registrar has referred an application for a practising certificate to the Board,—
a: the Board must direct the Registrar to issue a practising certificate to the applicant without conditions in their individual scope of practice (authorised under section 8A
b: the Board must direct the Registrar to issue a practising certificate to the applicant with conditions in their individual scope of practice (authorised under section 8A
c: in any other case,—
i: the Board must direct the Registrar to—
A: refuse to issue a practising certificate to the applicant until they have met conditions the Board requires them to meet prior to a practising certificate being issued; and
B: issue a practising certificate to the applicant under paragraph (a) or (b) once those conditions have been met; or
ii: the Board must direct the Registrar to refuse to issue a practising certificate to the applicant.
2: A direction by the Board under subsection (1)﻿(b) may include the imposition of a new condition, or the cancellation or variation of an existing condition.
3: If the Board gives a direction under subsection (1)﻿(b) or (c),—
a: the direction must state the Board’s reasons for it; and
b: the Registrar must give the applicant notice of the direction and reasons.
4: If the Board gives a direction under subsection (1)﻿(c)﻿(i)﻿(A), it may also direct the Registrar to issue an interim practising certificate to the applicant (under section 37). Section 33 replaced 27 February 2021 section 48 Social Workers Registration Legislation Act 2019
34: Currency of practising certificates
1: A practising certificate is in force for a period decided by the Board (generally or in any particular case).
2: The period must be stated in the certificate, and must be—
a: no longer than 4 months from the day the certificate is issued, in the case of an interim practising certificate; and
b: no longer than 1 year from the day the certificate is issued, in any other case.
3: If a social worker’s registration is cancelled, their practising certificate is also cancelled and if a social worker’s registration is suspended, their practising certificate is also suspended. Section 34(3) replaced 28 February 2019 section 49 Social Workers Registration Legislation Act 2019
35: Conditions on practising certificates
Section 35 repealed 27 February 2021 section 51 Social Workers Registration Legislation Act 2019
35A: Scope of practice must be endorsed on practising certificates
1: The Registrar must endorse on every practising certificate or interim practising certificate issued to a social worker a description of the social worker’s individual scope of practice (including any conditions to which it is subject).
2: If changes are made by the Board or Tribunal to the social work services a social worker is permitted to perform or not perform or to conditions in their individual scope of practice, the Registrar must ensure that the changes are endorsed on the social worker’s practising certificate or interim practising certificate. Section 35A inserted 27 February 2021 section 52 Social Workers Registration Legislation Act 2019
36: Surrender of practising certificates
1: This subsection applies to a practising certificate if—
a: it is cancelled or suspended; or
b: it is required for endorsement of changes to social work services or conditions under section 35A(2)
c: its holder's registration is—
i: cancelled under any of sections 24 83(1)﻿(a)﻿(i) 127 128 129 131 132 133(6)﻿(b)﻿(ii)
ii: suspended under any of sections 45(1)﻿(b)﻿(ii) 49(2)﻿(b) 57(2)﻿(b)﻿(ii) 57A 77(1)﻿(a) 83(1)﻿(a)﻿(i) 133(6)﻿(b)﻿(i)
2: If subsection (1) applies to the holder of a practising certificate that was issued in hard copy of changes to social work services or
3: If subsection (1) applies to the holder of a practising certificate that was issued electronically, they (or, in the case of a holder who has died, their personal representative) must, within 7 days of receiving notice of the cancellation, suspension, or requirement for endorsement of changes to social work services or Section 36(1)﻿(b) amended 27 February 2021 section 54(1) Social Workers Registration Legislation Act 2019 Section 36(1)﻿(c)﻿(ii) amended 28 February 2019 section 53(2) Social Workers Registration Legislation Act 2019 Section 36(1)﻿(c)﻿(ii) amended 28 February 2019 section 53(3) Social Workers Registration Legislation Act 2019 Section 36(2) amended 27 February 2021 section 54(2) Social Workers Registration Legislation Act 2019 Section 36(2) amended 28 February 2019 section 53(4) Social Workers Registration Legislation Act 2019 Section 36(2) amended 28 February 2019 section 53(5) Social Workers Registration Legislation Act 2019 Section 36(3) inserted 28 February 2019 section 53(6) Social Workers Registration Legislation Act 2019 Section 36(3) amended 27 February 2021 section 54(2) Social Workers Registration Legislation Act 2019
37: Interim practising certificates
1: An interim practising certificate—
a: may only be issued pursuant to a direction under section 33(4)
b: may be issued with conditions in the person’s individual scope of practice as the Board thinks fit
1A: An interim practising certificate may be issued either in hard copy or electronically.
2: An interim practising certificate is cancelled by the issue to its holder of a practising certificate that is not an interim practising certificate.
3: The Board may, at any time and for any reason, direct the Registrar to give the holder of an interim practising certificate notice of—
a: the cancellation of the certificate; and
b: the reasons for the cancellation.
4: A cancellation under subsection (3) takes effect when the holder is given the notice ( see section 145 Section 37(1)﻿(a) amended 27 February 2021 section 56(1) Social Workers Registration Legislation Act 2019 Section 37(1)﻿(b) amended 27 February 2021 section 56(2) Social Workers Registration Legislation Act 2019 Section 37(1A) inserted 28 February 2019 section 55(1) Social Workers Registration Legislation Act 2019 Section 37(4) amended 28 February 2019 section 55(2) Social Workers Registration Legislation Act 2019
3: Competence and fitness
Competence
38: Competence to
practise as a social worker
1: At any time, the Board must find a person's competence to practise as a social worker is
a: they have completed a competence assessment required by the Board for the purpose of determining whether their competence to practise as a social worker is satisfactory for the purposes of this Act; and
b: in the Board's opinion, reached in the light of the outcome of the assessment, he or she—
i: has the skill and knowledge required to practise as a social worker
ii: meets the professional standards reasonably to be expected of a social worker
2: The Board may direct the Registrar to arrange for the applicants for registration to complete competence assessments for the purposes of subsection (1)﻿(a).
2A: In the case of an applicant to whom section 6
3: Subsection (1) does not prevent the Board, when reviewing under section 39 practise as a social worker Section 38 heading amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 38(1) amended 28 February 2019 section 57(1) Social Workers Registration Legislation Act 2019 Section 38(1) amended 28 February 2019 section 57(2) Social Workers Registration Legislation Act 2019 Section 38(1)﻿(a) replaced 28 February 2019 section 57(3) Social Workers Registration Legislation Act 2019 Section 38(1)﻿(b)﻿(i) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 38(1)﻿(b)﻿(ii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 38(2A) inserted 28 February 2019 section 57(4) Social Workers Registration Legislation Act 2019 Section 38(3) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019
38A: Professional development for practising social workers
1: For the purpose of maintaining, examining, or improving the competence of all practising social workers, the Board must, from time to time, recognise ways of undertaking professional development, including any of the following ways:
a: passing any examinations or assessments, or both:
b: completing a period of practical training:
c: completing a period of practical work experience:
d: undertaking a period of supervised practice:
e: undertaking a course of instruction:
f: undertaking a systematic process for ensuring that a social worker’s practice, or the practice of each of the social workers in a class, meets an appropriate standard of competence.
2: The Board may require a specified social worker, a specified class of social workers, or all social workers to undertake a particular form of professional development, for example, a particular course of instruction.
3: The Board may exempt any social worker or class of social workers from any professional development requirement under subsection (2)
4: When recognising ways of undertaking professional development or requiring that a particular form of professional development be undertaken, the Board must be guided by the principle that professional development should not impose undue costs on practising social workers or their employers.
5: In this section, appropriate standard of competence
6: The following are secondary legislation ( see Part 3
a: requirements under subsection (2):
b: exemptions under subsection (3). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 38A inserted 28 February 2019 section 58 Social Workers Registration Legislation Act 2019 Section 38A(5) inserted 27 February 2021 section 59 Social Workers Registration Legislation Act 2019 Section 38A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38B: Mandatory requirement for employers to report to Board if social worker believed not to be competent
1: An employer who employs 1 or more social workers must, as soon as practicable after becoming aware that a social worker may not be competent to practise as a social worker within the relevant scope of practice
2: If, after that investigation, the employer believes that the social worker needs assistance to improve their competency, the employer must, as soon as practicable, take reasonable steps to provide that assistance, including by way of professional development.
3: An employer who, after fulfilling their duties under subsections (1) and (2)
4: If a social worker resigns, or is dismissed from their employment, for reasons relating to competence (whether or not any action has been taken under subsections (1) and (2)
5: A report to the Board must—
a: be in writing; and
b: state the reasons why the employer believes that the social worker is not or may not be competent to practise as a social worker; and
c: describe the action the employer has taken to assist the social worker and the outcome of the assistance.
6: No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith. Section 38B inserted 28 February 2019 section 58 Social Workers Registration Legislation Act 2019 Section 38B(1) amended 27 February 2021 section 60 Social Workers Registration Legislation Act 2019
39: Reviews of competence to
practise as a social worker
1: The Board may at any time review a social worker’s practise as a social worker , including if the Board receives information that reflects adversely on the social worker’s competence, for example, a report under section 38B
2: Promptly after being notified of a determination under section 71(1)﻿(a) social worker’s practise as a social worker practise as a social worker Section 39 heading amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 39(1) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 39(1) amended 28 February 2019 section 61 Social Workers Registration Legislation Act 2019 Section 39(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 39(2) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 39(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
40: Form of review
1: When reviewing a social worker’s practise as a social worker
a: give the social worker written notice—
i: stating why his or her competence to practise as a social worker
ii: describing any information relating to his or her competence to practise as a social worker
iii: stating that he or she has a reasonable opportunity to make written submissions and to be heard on the review, either personally or by a representative; and
b: give him or her a reasonable opportunity to make written submissions and to be heard on the review, either personally or by a representative.
2: A statement under subsection (1)﻿(a)﻿(i) must contain enough detail to inform the social worker clearly of the particular grounds for the review.
3: A social worker exercising his or her right to be heard personally is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
4: The Board may permit a social worker exercising his or her right to be heard personally to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (3).
5: Except as provided in subsections (1) to (4) and clause 33(1) Section 40(1) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 40(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 40(1)﻿(a)﻿(i) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 40(1)﻿(a)﻿(ii) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019
41: Actions after review of competence
1: If, after reviewing a social worker's practise as a social worker
2: The Board may also direct the Registrar to place conditions in the social worker’s individual scope of practice or cancel or vary an existing condition
3: The Board may give a direction under subsection (2)—
a: when directing the Registrar to arrange for the social worker to complete a competence assessment; or
b: at any later time before the social worker has completed a competence assessment.
4: Within 5 working days after the Board gives a direction under this section, the Registrar must ensure that the social worker concerned is given a copy.
5: A direction under this section takes effect on the day on which the social worker is given a copy ( see section 145 Section 41(1) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 41(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 41(2) amended 27 February 2021 section 62(1) Social Workers Registration Legislation Act 2019 Section 41(5) amended 27 February 2021 section 62(2) Social Workers Registration Legislation Act 2019 Competence assessments
42: Competence assessments
1: The Board may from time to time set programmes for the purpose of helping it decide whether people—
a: have the skill and knowledge required to practise as a social worker individual scope of practice (or proposed individual scope of practice)
b: meet the professional standards reasonably to be expected of a social worker.
2: A competence assessment may comprise 1 or a combination of 2 or more of the following:
a: components entirely set by the Board; or
b: components set by some other person or body, and recognised by the Board without modification; or
c: components set by some other person or body, and recognised by the Board in a modified form.
3: At least 1 competence assessment must apply to all social work.
4: Any other competence assessment may apply to 1 or more social work services under 1 or more scopes of practice.
5: A competence assessment under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in a daily newspaper circulating in Auckland, Wellington, Christchurch, and Dunedin •	make it available for inspection free of charge at the Board's offices during ordinary business hours •	make it available for sale at a reasonable price at the Board's offices during ordinary business hours Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42(1)﻿(a) amended 27 February 2021 section 63(1) Social Workers Registration Legislation Act 2019 Section 42(1)﻿(a) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 42(4) replaced 27 February 2021 section 63(2) Social Workers Registration Legislation Act 2019 Section 42(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
43: Copies of competence assessments to be available
Section 43 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
44: Registered social workers to complete assessments every 5 years
Section 44 repealed 28 February 2019 section 65 Social Workers Registration Legislation Act 2019
45: Actions if
social worker
1: If a social worker
a: the Registrar must notify the Board; and
b: the Board may direct the Registrar to—
i: make either or both of the following changes to the social worker’s individual scope of practice as the Board thinks fit:
A: change the social work service or services that the social worker is permitted to perform or not permitted to perform:
B: include a new condition or cancel or vary an existing condition; or
ii: suspend the social worker's registration (if it is not already suspended) or practising certificate.
2: If the Board proposes to give a direction under subsection (1)﻿(b), it must give to the social worker
a: a copy of the proposed direction; and
b: notice stating—
i: why the Board proposes to give the direction; and
ii: that he or she has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
c: a copy of any written information and a written summary of any other information
3: The statement under subsection (2)﻿(b)﻿(i) must contain enough detail to inform the person clearly of the particular grounds for the proposal to give the direction.
4: A direction under subsection (1)﻿(b) remains in effect until the person concerned has—
a: satisfied all the requirements of the competence assessment (in the case of a failure of a competence assessment); or
b: undertaken a competence assessment (in the case of a failure or refusal to undertake a competence assessment).
5: The Board may extend the period within which a social worker is required to satisfy the requirements of a competence assessment.
6: Failing a competence assessment is not in itself grounds for the taking of disciplinary action.
7: A person exercising his or her right to be heard personally is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
8: The Board may permit a person exercising his or her right to be heard personally to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (7).
9: Nothing in this section prevents the Board from, at any time, exercising its power under section 57A Section 45 heading amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 45(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 45(1)﻿(b)﻿(i) replaced 27 February 2021 section 67 Social Workers Registration Legislation Act 2019 Section 45(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 45(2)﻿(c) amended 28 February 2019 section 66(1) Social Workers Registration Legislation Act 2019 Section 45(9) inserted 28 February 2019 section 66(2) Social Workers Registration Legislation Act 2019
46: Confidentiality of information
1: A person who, for the purposes of a competence assessment, examines any records made or kept by the person being assessed (the subject other person
a: for the purpose of making a report to the Board in relation to the subject; or
b: for the purposes of a criminal investigation of, or criminal proceedings taken against, the subject; or
c: by disclosing the information to the other person, if—
i: the Board has directed that the information be disclosed to the other person; or
ii: the other person has asked for it.
2: Subsection (1) does not affect the Privacy Act 2020
3: Subsection (4) applies to all information, statements, and admissions relating to the conduct of a person undertaking a competence assessment (whether that conduct occurred before or during the assessment) that—
a: are supplied, disclosed, or made by the person during the assessment; and
b: are not records made or kept by the person before the assessment is undertaken, and disclosed in the course of or for the purposes of the assessment.
4: No information, statement, or admission to which this subsection applies—
a: may be used or disclosed for any purpose other than the purposes of the competence assessment during which it was disclosed or made; or
b: is admissible against the person who disclosed or made it, or any other person, in any proceedings in any court or before a person acting judicially. Section 46(2) amended 1 December 2020 section 217 Privacy Act 2020 Fitness to practise and serious misconduct Heading replaced 28 February 2019 section 68 Social Workers Registration Legislation Act 2019
47: Fitness to
practise as a social worker
1: The Board may find a person ( A
2: The Board may be satisfied that those grounds exist if 1 or more of the following circumstances occur:
a: A has not satisfied the Board that A is able to communicate effectively for the purposes of practising as a social worker:
b: A has not satisfied the Board that A’s ability to communicate in and comprehend English is sufficient to protect the health and safety of the public:
c: A has been convicted, in New Zealand or overseas, of an offence punishable by imprisonment of 3 months or more, and the Board is satisfied that the nature and circumstances of the offence reflect adversely upon A’s fitness to practise as a social worker:
d: the Board is satisfied that A is unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition:
e: the Board is satisfied on reasonable grounds that A is not of good character or reputation:
f: professional disciplinary proceedings are being taken against A in New Zealand or overseas, and the Board considers on reasonable grounds that those proceedings reflect adversely upon A’s fitness to practise as a social worker:
g: A is subject to an investigation in New Zealand or overseas (for example, an investigation by the Health and Disability Commissioner) relating to any matter that may lead to the taking of professional disciplinary proceedings against A, and the Board considers on reasonable grounds that the investigation reflects adversely upon A’s fitness to practise as a social worker:
h: a finding or an order has been made against A in professional disciplinary proceedings or an investigation, and A has not satisfied the Board that the finding or order does not reflect adversely upon A’s fitness to practise as a social worker:
i: the Board is satisfied on reasonable grounds that A may endanger the health or safety of a member or members of the public.
3: In the case only of an applicant for registration, the Board may reserve its decision on whether he or she is a fit and proper person to practise as a social worker
a: that—
i: professional disciplinary proceedings are being taken against him or her (whether in New Zealand or overseas); or
ii: a licensing or registration organisation (whether in New Zealand or overseas) is making investigations that may lead to the taking of professional disciplinary proceedings against him or her; or
iii: the Health and Disability Commissioner is making investigations that may lead to the taking of professional disciplinary proceedings against him or her; and
b: that the circumstances suggest a reasonable possibility that he or she is not a fit and proper person to practise as a social worker Section 47 heading amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 47(1) replaced 28 February 2019 section 69 Social Workers Registration Legislation Act 2019 Section 47(2) replaced 28 February 2019 section 69 Social Workers Registration Legislation Act 2019 Section 47(3) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 47(3)﻿(b) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019
47A: Mandatory requirement for employers to report serious misconduct allegations to Board
1: An employer who employs 1 or more social workers and who believes on reasonable grounds that a social worker has engaged in serious misconduct must promptly report that belief to the Board.
2: A report to the Board must—
a: be in writing; and
b: state the circumstances of the alleged serious misconduct; and
c: state the grounds for the employer’s belief; and
d: include a copy of any written information and a written summary of any other information on which the employer’s belief is based; and
e: describe the action (if any) the employer has taken in relation to the allegation.
3: In this section, serious misconduct
a: that—
i: has, or is likely to have, an unduly adverse effect on the well-being of any person with whom the social worker comes into contact in the course of their practice as a social worker; or
ii: reflects adversely on the social worker’s fitness to be a social worker; and
b: that is of a character and severity that meets the Board’s criteria for reporting serious misconduct (set under section 99(1)﻿(oa)
4: No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith. Section 47A inserted 28 February 2019 section 70 Social Workers Registration Legislation Act 2019
48: Consideration of fitness to
practise as a social worker The Board must consider whether a person is a fit and proper person to practise as a social worker
a: promptly after receiving from the Registrar a valid application for registration made by the person ; or
aa: promptly after receiving an application by the person for a practising certificate that has been referred by the Registrar under section 30(1)﻿(b)﻿(iii)
b: promptly after receiving a report under section 47A section 71(1)﻿(a) Section 48 heading amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 48 amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 48(a) amended 28 February 2019 section 71(1) Social Workers Registration Legislation Act 2019 Section 48(aa) inserted 28 February 2019 section 71(2) Social Workers Registration Legislation Act 2019 Section 48(b) amended 28 February 2019 section 71(3) Social Workers Registration Legislation Act 2019
49: Action if Board considers
social worker
1: This section applies to a social worker receiving a report under section 47A section 71(1)﻿(a)
a: has considered whether he or she is a fit and proper person to practise as a social worker
b: determines that he or she may not be a fit and proper person to practise as a social worker
2: If this section applies to a social worker
a: make a complaint against the social worker under section 59
b: direct the Registrar to suspend the social worker's registration or practising certificate.
3: If the Board proposes to give a direction under subsection (2)﻿(b), it must give to the social worker
a: notice stating—
i: why the Board proposes to give the direction; and
ii: that he or she has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
b: a copy of any written information and a written summary of any other information
4: The statement under subsection (3)﻿(a)﻿(i) must contain enough detail to inform the person clearly of the particular grounds for the proposal to give the direction.
5: The Board must not direct the Registrar to suspend the social worker's registration or practising certificate unless—
a: it has given the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
b: it is satisfied that the social worker is not a fit and proper person to practise as a social worker
6: The Registrar must take all reasonably practicable steps to ensure that a copy of the direction is given to the social worker as soon as is possible after it is given.
7: The suspension does not take effect until the social worker is given a copy of the direction ( see section 145
8: A person exercising his or her right to be heard personally is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
9: The Board may permit a person exercising his or her right to be heard personally to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (8).
10: Nothing in this section prevents the Board from, at any time, exercising its power under section 57A Section 49 heading amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 49(1) amended 28 February 2019 section 72(1) Social Workers Registration Legislation Act 2019 Section 49(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 49(1)﻿(a) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 49(1)﻿(b) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 49(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 49(3) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 49(3)﻿(b) amended 28 February 2019 section 72(2) Social Workers Registration Legislation Act 2019 Section 49(5)﻿(b) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 49(7) amended 28 February 2019 section 72(3) Social Workers Registration Legislation Act 2019 Section 49(10) inserted 28 February 2019 section 72(4) Social Workers Registration Legislation Act 2019
50: Board to ask for Police vet, and consider convictions and other information
1: In order to help determine whether a person is a fit and proper person to practise as a social worker
a: must obtain a Police vet from the Police Vetting Service; and
aa: may require the person to comply with Police requirements for that purpose; and
b: must consider any criminal convictions (whether in New Zealand or overseas) and other information disclosed to the Board by the Police or otherwise known to the Board.
2: However, if an application for a practising certificate is referred to the Board under section 30(1)﻿(b)﻿(iii) Section 50(1) heading replaced 28 February 2019 section 73(1) Social Workers Registration Legislation Act 2019 Section 50(1) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 50(1) amended 28 February 2019 section 73(2) Social Workers Registration Legislation Act 2019 Section 50(1)﻿(a) replaced 28 February 2019 section 73(3) Social Workers Registration Legislation Act 2019 Section 50(1)﻿(aa) inserted 28 February 2019 section 73(3) Social Workers Registration Legislation Act 2019 Section 50(1)﻿(b) replaced 28 February 2019 section 73(3) Social Workers Registration Legislation Act 2019 Section 50(2) inserted 28 February 2019 section 73(4) Social Workers Registration Legislation Act 2019 Conditions affecting ability to practise as a social worker Heading amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019
51: Reporting practise as a social worker
1: A person who believes that a social worker may be unable to satisfactorily perform the functions required to practise as a social worker may report that belief to the Board.
1A: A social worker who believes on reasonable grounds that another social worker is unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition must promptly report that belief to the Board.
1B: A failure to report under subsection (1A) may constitute professional misconduct and be the subject of a complaint to the Board under section 59
1C: An employer who employs 1 or more social workers and who believes on reasonable grounds that a particular social worker may be unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition must promptly report that belief to the Board.
1D: A report to the Board under subsection (1A) or (1C) must—
a: be in writing; and
b: state the reasons for the social worker’s or employer's belief; and
c: if the report is made under subsection (1C), describe the action (if any) the employer has taken in relation to the allegation.
2: No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith.
3: Subsection (2) applies even if the report contains information relating to a person other than the social worker. Section 51 heading amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 51 heading amended 28 February 2019 section 74(1) Social Workers Registration Legislation Act 2019 Section 51(1) replaced 28 February 2019 section 74(2) Social Workers Registration Legislation Act 2019 Section 51(1A) inserted 28 February 2019 section 74(2) Social Workers Registration Legislation Act 2019 Section 51(1B) inserted 28 February 2019 section 74(2) Social Workers Registration Legislation Act 2019 Section 51(1C) inserted 28 February 2019 section 74(2) Social Workers Registration Legislation Act 2019 Section 51(1D) inserted 28 February 2019 section 74(2) Social Workers Registration Legislation Act 2019 Section 51(2) replaced 28 February 2019 section 74(3) Social Workers Registration Legislation Act 2019 Section 51(3) replaced 28 February 2019 section 74(3) Social Workers Registration Legislation Act 2019
52: Power to seek medical advice
1: A person who is considering reporting to section 51
2: A report under section 51 Section 52(1) amended 28 February 2019 section 75(1) Social Workers Registration Legislation Act 2019 Section 52(2) replaced 28 February 2019 section 75(2) Social Workers Registration Legislation Act 2019
53: Report When the Registrar receives a report section 51
a: he or she must promptly put it before the chairperson of the Board; and
b: the chairperson must put it before the Board at its next meeting. Section 53 heading amended 28 February 2019 section 76(1) Social Workers Registration Legislation Act 2019 Section 53 amended 28 February 2019 section 76(2) Social Workers Registration Legislation Act 2019
54: Interim suspensions
Section 54 repealed 28 February 2019 section 77 Social Workers Registration Legislation Act 2019
55: Power to order medical examination
1: If (whether or not as a result of a report section 51 social worker satisfactorily perform the functions required to practise as a social worker
2: The Board must first consult the social worker as to who should undertake the examination, unless—
a: it is impracticable to do so; or
b: the social worker refuses to be consulted.
3: The notice must—
a: state—
i: the name and address of the medical practitioner; and
ii: the date by which the examination is to be conducted (being a date at least 5 working days after the date on which the notice is given to the social worker); and
b: be signed by the chairperson of the Board or the Registrar.
4: The Board must pay for the examination. Section 55(1) amended 28 February 2019 section 78(1) Social Workers Registration Legislation Act 2019 Section 55(1) amended 28 February 2019 section 78(2) Social Workers Registration Legislation Act 2019 Section 55(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
56: Conduct and consequences of examination
1: The Board must give a medical practitioner who undertakes an examination under section 55
a: its reasons for requiring the examination; and
b: the fields of social work in which the social worker usually practises.
2: The social worker—
a: is entitled to have another medical practitioner, chosen by him or her, attend the examination as an observer; and
b: whether or not a medical practitioner chosen by him or her attends, is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
3: The medical practitioner who examines the social worker must, as soon as reasonably practicable after the examination, give the Registrar a written report on the social worker's mental and physical condition (so far as it affects his or her ability to practise satisfactorily as a social worker
4: Promptly after receiving the report, the Registrar must—
a: put it before the Board; and
b: send a copy to the social worker. Section 56(3) amended 28 February 2019 section 79 Social Workers Registration Legislation Act 2019
57: Individual scope of practice may be changed or registration or practising certificate may be suspended because of mental or physical condition
1: Subsection (2) applies if a social worker section 55
a: either—
i: the social worker submitted himself or herself for examination as required by the notice, and the Registrar has received a written report on the social worker's mental and physical condition from the medical practitioner named in it; or
ii: the social worker did not submit himself or herself for examination as required by the notice; and
b: the Registrar has given the social worker notice that he or she has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
c: the Board has given the social worker that opportunity; and
d: the Board considers that the matter should be dealt with urgently.
2: If this subsection applies, the Board—
a: must consider all the relevant circumstances of the case (including any report received from the medical practitioner named in the notice, whether or not the social worker attended for examination within the time required by the notice); and
b: may give the Registrar a direction to—
i: make either or both of the following changes to the social worker’s individual scope of practice as the Board thinks fit:
A: change the social work service or services that the social worker is permitted to perform or not permitted to perform:
B: include a new condition or cancel or vary an existing condition; or
ii: suspend the social worker's registration or practising certificate for a period that the Board considers is reasonably necessary to protect the public
3: The Board must not give a direction unless—
a: it is satisfied that—
i: the social worker is unable to satisfactorily perform the functions required to practise as a social worker
ii: it is necessary to do so, having regard to the need to protect the health and safety of members of the public; or
b: it has been unable to decide whether the social worker is able to practise satisfactorily as a social worker
3A: The Board must not give a direction under subsection (2)﻿(b)﻿(i) unless it is satisfied that, in addition to the matters in subsection (3), the social worker will be able to satisfactorily perform the functions required to practise as a social worker if they do so in accordance with the proposed change to their scope of practice.
4: The direction must—
a: be in writing; and
b: state the reasons for which
c: be signed by the chairperson.
5: The Registrar must take all reasonably practicable steps to ensure that a copy of the direction is given to the social worker within 5 working days after the day on which it is given.
6: The direction does not take effect until—
a: the day on which the social worker is given a copy ( see section 145
b: a later day stated in it.
7: A person exercising his or her right to be heard personally is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
8: The Board may permit a person exercising his or her right to be heard personally to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (7). Section 57 heading replaced 27 February 2021 section 81(1) Social Workers Registration Legislation Act 2019 Section 57(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 57(2)﻿(b)﻿(i) replaced 27 February 2021 section 81(2) Social Workers Registration Legislation Act 2019 Section 57(2)﻿(b)﻿(ii) amended 28 February 2019 section 80(2) Social Workers Registration Legislation Act 2019 Section 57(3)﻿(a)﻿(i) amended 28 February 2019 section 80(3) Social Workers Registration Legislation Act 2019 Section 57(3)﻿(b) amended 28 February 2019 section 80(4) Social Workers Registration Legislation Act 2019 Section 57(3A) inserted 27 February 2021 section 81(3) Social Workers Registration Legislation Act 2019 Section 57(4)﻿(b) amended 28 February 2019 section 80(5) Social Workers Registration Legislation Act 2019 Section 57(6)﻿(a) amended 28 February 2019 section 80(6) Social Workers Registration Legislation Act 2019 Interim suspension of registration or practising certificate or both or change to individual scope of practice Heading inserted 28 February 2019 section 82 Social Workers Registration Legislation Act 2019 Heading amended 27 February 2021 section 83 Social Workers Registration Legislation Act 2019
57A: Interim suspension of registration or practising certificate or both or
change to individual scope of practice
1: This section applies whenever and however an issue of competence, fitness, or serious misconduct comes to the attention of the Board unless, in the particular case, a medical examination is ordered under section 55
2: The Board may direct the Registrar to suspend the registration or practising certificate or both of a social worker if the Board considers on reasonable grounds that,—
a: because of competence issues, the social worker’s practice poses a risk of serious harm to the public; or
b: the social worker may be unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition; or
c: an investigation under this Act or the Health and Disability Commissioner Act 1994
3: The Board may, if the requirements of subsection (2) make changes to the social worker’s individual scope of practice under subsection (3A)
3A: The Board may, as it thinks fit, direct that either or both of the following changes be made to a social worker’s individual scope of practice:
a: change the social work service or services that the social worker is permitted to perform or not permitted to perform:
b: include a new condition or cancel or vary an existing condition.
4: A direction under this section may be made—
a: for a period of not more than 10 working days from the date on which a copy of the direction is given to the social worker; and
b: for a further period of 10 days, if that is reasonable and necessary to allow either further investigation or a medical examination to take place.
5: A direction given under this section must—
a: be in writing and be signed by the chairperson of the Board; and
b: set out the Board’s reasons for giving the direction. Section 57A inserted 28 February 2019 section 82 Social Workers Registration Legislation Act 2019 Section 57A heading amended 27 February 2021 section 84(1) Social Workers Registration Legislation Act 2019 Section 57A(3) amended 27 February 2021 section 84(2) Social Workers Registration Legislation Act 2019 Section 57A(3A) inserted 27 February 2021 section 84(3) Social Workers Registration Legislation Act 2019
57B: Notice of direction under section 57A to be given to social worker
1: If the Board has made a direction under section 57A
a: a copy of the direction; and
b: a copy of any written information relied on by the Board in making the direction; and
c: a written summary of any other information relied on by the Board in making the direction.
2: The Registrar must take all reasonably practicable steps to ensure that notice under this section is given to the social worker as soon as practicable after the direction is made.
3: The direction does not take effect until the social worker is given notice under this section ( see section 145 Section 57B inserted 28 February 2019 section 82 Social Workers Registration Legislation Act 2019
58: Revocation of suspension or change to individual scope of practice
1: The Board may give the Registrar a direction to revoke a suspension imposed under section 57 57A
a: was in fact able to practise satisfactorily as a social worker
b: is again able to practise satisfactorily as a social worker
2: The Board may give the Registrar a direction to revoke any change made to the individual scope of practice of the social worker under section 57 57A
3: The Registrar must take all reasonably practicable steps to ensure that a copy of the direction is given to the social worker within 5 working days after the day on which it is given.
4: The direction takes effect immediately. Section 58 heading replaced 27 February 2021 section 86(1) Social Workers Registration Legislation Act 2019 Section 58(1) amended 28 February 2019 section 85(2) Social Workers Registration Legislation Act 2019 Section 58(1)﻿(a) amended 28 February 2019 section 85(3) Social Workers Registration Legislation Act 2019 Section 58(1)﻿(b) amended 28 February 2019 section 85(3) Social Workers Registration Legislation Act 2019 Section 58(2) amended 27 February 2021 section 86(2) Social Workers Registration Legislation Act 2019 Setting conditions on revocation of suspension of registration or practising certificate Heading inserted 28 February 2019 section 87 Social Workers Registration Legislation Act 2019
58A: Conditions on revocation of suspension of registration or practising certificate
1: This section applies if a social worker’s registration or practising certificate has been suspended under section 45(1)﻿(b)﻿(ii) 49(2)﻿(b) 57(2)﻿(b)﻿(ii) 57A 133(6)﻿(b)﻿(i)
2: The Board may set conditions that must be satisfied by the social worker before the Board will consider revoking the suspension.
3: The conditions may include any or all of the following:
a: a condition that the person undertake a specified course of education or training:
b: a condition that the person undergo—
i: any specified medical examination and treatment; or
ii: any specified psychological or psychiatric examination, counselling, or therapy:
c: a condition that the person attend any specified course of treatment or therapy for alcohol or drug abuse:
d: any other condition designed to address the matter that gave rise to the suspension of the person’s registration or practising certificate.
4: The Board must not impose a condition under subsection (3)﻿(b) or (c)
5: Subsection (3) subsection (2) Section 58A inserted 28 February 2019 section 87 Social Workers Registration Legislation Act 2019
4: Discipline
Complaints
59: Complaints against
social workers
1: Any person may make a complaint against a social worker
a: to the Health and Disability Commissioner or the Registrar, if the complaint is about the provision of health services or disability services; or
b: to the Registrar.
2: The complaint may be oral or written.
3: A complaint may be made by—
a: the Minister; or
b: the Commissioner for Children; or
c: any other person in the service of the Crown acting in an official capacity; or
d: any member of the Board or the Tribunal.
4: Subsection (3) does not limit the generality of subsection (1). Section 59 heading amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 59(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
60: Registrar to notify Board of complaints
The Registrar must notify the Board in writing of a complaint under section 59(1)﻿(b) Section 60 replaced 28 February 2019 section 88 Social Workers Registration Legislation Act 2019
61: Registrar to notify Health and Disability Commissioner of certain complaints
The Registrar must promptly notify the Health and Disability Commissioner in writing of a complaint about the provision of health services or disability services made to the Registrar under section 59(1)
62: Health and Disability Commissioner may notify
Board The Health and Disability Commissioner may Board Part 4 social worker Section 62 heading amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 62 amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 62 amended 1 October 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
63: Notification of convictions
1: This section applies to the Registrar of a court in New Zealand in which a person who the Registrar knows is a social worker registered under this Act is convicted of an offence punishable by imprisonment for a term of 3 months or longer.
2: The Registrar must send a notice of the conviction to the Board, unless the court expressly orders otherwise. Section 63 replaced 28 February 2019 section 89 Social Workers Registration Legislation Act 2019
64: Suspension of action while Health and Disability Commissioner investigates
1: No action may be taken under this Part about a complaint that has been notified or referred to the Health and Disability Commissioner under this Act until—
a: the Health and Disability Commissioner notifies the Board
i: that the complaint is not to be investigated, or investigated further, under the Health and Disability Commissioner Act 1994
ii: that the complaint has been resolved; or
iii: that the complaint has been investigated under the Health and Disability Commissioner Act 1994 section 45(2)﻿(f)
b: the Director of Proceedings notifies the Board section 49
2: Subsection (1) overrides section 65 Section 64(1)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 64(1)﻿(a)﻿(iii) amended 1 October 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 64(1)﻿(b) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
65: Referral of complaints to professional conduct committees
1: As soon as is reasonably practicable after being notified of a complaint, the Board must refer it to a professional conduct committee, unless—
a: the Board and the Health and Disability Commissioner agree that it does not need to be pursued (in the case of a complaint relating to a matter over which the Board and the Commissioner both have jurisdiction); or
b: the Board is satisfied that it does not need to be pursued (in any other case).
2: As soon as is reasonably practicable after the Board has decided whether to refer a complaint to a professional conduct committee, the Registrar must give the social worker concerned written notice of—
a: the Board’s decision; and
b: the particulars of the complaint.
3: If the Board receives more than 1 complaint relating to the same social worker (whether at the same time or at different times), the Board may refer both or all of the complaints to the same professional conduct committee. Section 65 replaced 28 February 2019 section 90 Social Workers Registration Legislation Act 2019
65A: Action to be taken by Board on receipt of notice of conviction
1: This section applies if the Board receives a notice of conviction given under section 63
2: The Board must, as soon as is reasonably practicable,—
a: refer the notice of conviction to a professional conduct committee; or
b: order the social worker to—
i: undergo any specified medical examination and treatment; or
ii: undergo any specified psychological or psychiatric examination, counselling, or therapy; or
iii: attend any specified course of treatment or therapy for alcohol or drug abuse.
3: However, if the Board considers that the notice of conviction is for a minor offence and does not need to be referred to a professional conduct committee, it may decide to take no further action on the matter.
4: The Board may not make an order under subsection (2)﻿(b)
a: to the examination, treatment, counselling, or therapy concerned; and
b: to a report being provided to the Board on the outcome of the examination, treatment, counselling, or therapy.
5: An order made under subsection (2)﻿(b)
a: the date by which the examination, treatment, counselling, or therapy must be conducted, which must not be earlier than the date on which the order is given to the social worker ( see section 145
b: the date by which the person who has examined, treated, counselled, or provided therapy to the social worker must report to the Board on the outcome of that examination, treatment, counselling, or therapy.
6: After receiving a report referred to in subsection (5)﻿(b)
a: arrange for a copy of the report to be sent to the social worker; and
b: consider the report.
7: After considering a report, the Board may—
a: decide to take no further action in respect of the notice of conviction; or
b: make either or both of the following changes to the social worker’s individual scope of practice if the Board is satisfied that the social worker is able to practise as a social worker (within the relevant scope of practice) only if the changes are made:
i: change the social work service or services that the social worker is permitted to perform or not permitted to perform:
ii: include a new condition or cancel or vary an existing condition; or
c: refer the notice of conviction to a professional conduct committee.
8: If the Board receives more than 1 notice of conviction relating to the same social worker (whether at the same time or at different times), the Board may refer both or all of the notices of conviction to the same professional conduct committee. Section 65A inserted 28 February 2019 section 91 Social Workers Registration Legislation Act 2019 Section 65A(7)﻿(b) replaced 27 February 2021 section 92 Social Workers Registration Legislation Act 2019 Professional conduct committees Heading replaced 28 February 2019 section 93 Social Workers Registration Legislation Act 2019
66: Professional conduct committees
1: The Board
a: may from time to time appoint, in relation to a particular case or cases of a particular class, 2 social workers social worker professional conduct committee
b: may at any time dissolve or reconstitute a professional conduct committee
2:
3: In appointing or reconstituting a professional conduct committee Board
a: the desirability of the committee
b: whether it is desirable for Māori, or a particular ethnic or cultural group in New Zealand, to be represented on the committee.
4: No member of the Board or the Tribunal may be a member of a professional conduct committee
5: The Board professional conduct committee Section 66 heading replaced 28 February 2019 section 94(1) Social Workers Registration Legislation Act 2019 Section 66(1) amended 28 February 2019 section 94(2) Social Workers Registration Legislation Act 2019 Section 66(1)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 66(1)﻿(b) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 66(2) repealed 28 February 2019 section 94(3) Social Workers Registration Legislation Act 2019 Section 66(3) amended 28 February 2019 section 94(2) Social Workers Registration Legislation Act 2019 Section 66(3) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 66(3)﻿(a) amended 28 February 2019 section 94(4) Social Workers Registration Legislation Act 2019 Section 66(4) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 66(5) amended 28 February 2019 section 94(5) Social Workers Registration Legislation Act 2019 Section 66(5) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
67: Committees may regulate own procedure
1: A professional conduct committee
2: Subsection (1) is subject to—
a: the rules of natural justice; and
b: this Act; and
c: any regulations made under this Act. Section 67(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
68: Committees may appoint legal advisers
A professional conduct committee
a: may be present at meetings of the committee; and
b: may at any time advise the committee on matters of law, procedure, or evidence; but
c: must not be present during the deliberations of the committee. Section 68 amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
68A: Power to call for information or things
1: If the requirements in subsection (2)
2: The requirements are that—
a: the members of the committee believe on reasonable grounds that the exercise of the power is necessary to enable the committee to carry out its functions; and
b: the person has failed to comply with a previous request to produce to the committee, within a reasonable time, the paper, document, record, or thing; and
c: the members of the committee believe on reasonable grounds that—
i: it is not reasonably practicable to obtain the information from another source; or
ii: for the purposes of performing its functions, it is necessary to obtain the paper, document, record, or thing to verify or refute information obtained from another source.
3: The production notice may specify a date by which the paper, document, record, or thing must be produced to the committee, which must not be less than 10 working days after the notice is given to the person. Section 68A inserted 28 February 2019 section 95 Social Workers Registration Legislation Act 2019
68B: Compliance with production notice
1: A person who receives a production notice under section 68A
2: No charge may be made for complying with a production notice.
3: A person who receives a production notice is not required to produce any paper, document, record, or thing—
a: if it would be privileged in a court of law; or
b: if disclosure would breach an obligation of secrecy or non-disclosure imposed on the person by an enactment (other than the Official Information Act 1982 Privacy Act 2020 Section 68B inserted 28 February 2019 section 95 Social Workers Registration Legislation Act 2019 Section 68B(3)﻿(b) amended 1 December 2020 section 217 Privacy Act 2020
69: Information to be given to social worker and complainant
As soon as is practicable after a complaint about, or a notice of conviction of, a social worker professional conduct committee Board
a: that the social worker is given written notice of—
i: the particulars of the complaint or notice of conviction; and
ii: the intended membership of the professional conduct committee
b: in the case of a complaint, that the complainant is given written notice of the intended membership of the professional conduct committee Section 69 amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 69(a)﻿(ii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 69(b) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
70: Social workers and complainants may request changes in membership of
professional conduct committee
1: Within 10 working days after being informed of the intended membership of the professional conduct committee social worker Board
a: requesting that any or all of the intended members not be appointed as members of that committee; and
b: stating the reasons for the request.
2: The Board
a: must consider the request; and
b: may reconstitute the committee. Section 70 heading amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 70(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 70(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
71: Determination of complaint
or notice of conviction professional conduct committee
1: As soon as is reasonably practicable after a complaint or notice of conviction is referred to a professional conduct committee
a: the Board should review the competence or fitness of the social worker practise as a social worker
ab: the Board should review the social worker’s individual scope of practice; or
b: in the case of a complaint, the committee should—
i: submit it to conciliation or mediation; or
ii: recommend that the Board direct the social worker to apologise to the complainant; or
iii: recommend that the Board censure the social worker; or
iv: recommend that the Board refer the allegations to the Police for investigation; or
v: recommend that the Board direct the social worker to undertake 1 or more of the following:
A: training:
B: mentoring:
C: counselling; or
c: the committee should submit the complaint or conviction to the Tribunal; or
d: no further steps should be taken under this Act in relation to the complaint or conviction.
2: In making its determination, the committee—
a: may undertake or arrange for any investigations it thinks necessary; and
b: in the case of a complaint, may have regard to—
i: any investigations or considerations of the subject matter of the complaint already carried out (whether by the Commissioner for Children, an employer or former employer of the social worker, or any other person, body, court, or tribunal); and
ii: the consequences (if any) of any investigation or consideration carried out.
3: Before making its determination,—
a: the committee—
i: must give the social worker a reasonable opportunity to make a written explanation or statement in relation to the complaint or conviction; and
ii: may, on the social worker's application or of its own motion, give him or her a reasonable opportunity to appear before it to make an explanation or statement in relation to the complaint or conviction; and
b: in the case of a complaint, the committee—
i: must give the complainant a reasonable opportunity to make a written statement in relation to it; and
ii: may, on the complainant's application or of its own motion, give him or her a reasonable opportunity to appear before the committee to make a statement in relation to it.
4: The committee may require a complaint referred to it to be supported by a statutory declaration.
5: A person exercising his or her right to appear before the committee to make a statement in relation to a complaint is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
6: The committee may permit a person exercising his or her right to appear before the committee to make a statement in relation to a complaint to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (5).
7: If the committee makes a determination that no further steps should be taken under this Act in relation to a complaint or conviction,—
a: no further steps may be taken under this Act in relation to the complaint or conviction; and
b: the committee must give the social worker (and, in the case of a complaint, the complainant) written notice of—
i: the determination; and
ii: the committee's reasons. Section 71 heading amended 28 February 2019 section 96(1) Social Workers Registration Legislation Act 2019 Section 71 heading amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 71(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 71(1)﻿(a) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 71(1)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 71(1)﻿(ab) inserted 27 February 2021 section 97 Social Workers Registration Legislation Act 2019 Section 71(1)﻿(b) replaced 28 February 2019 section 96(2) Social Workers Registration Legislation Act 2019
72: Procedure after committee makes determination (other than to take no further action)
1: This subsection applies to a determination by a professional conduct committee
a: the Board should review the competence or fitness of a social worker
b: the committee should submit a complaint to conciliation.
2: If it makes a determination to which subsection (1) applies, a professional conduct committee
a: the Registrar; and
b: the social worker; and
c: in the case of a complaint, the complainant.
2A: If it makes a determination under section 71(1)﻿(b)﻿(ii) to (v)
a: the Registrar; and
b: the social worker.
3: If it makes a determination to submit a complaint or conviction to the Tribunal, a professional conduct committee
a: frame an appropriate charge; and
b: lay it before the Tribunal; and
c: give written notice of it to the social worker and, in the case of a complaint, to the complainant.
4: On receiving notice under subsection (2)﻿(a) or (2A) Section 72 heading replaced 28 February 2019 section 98(1) Social Workers Registration Legislation Act 2019 Section 72(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 72(1)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 72(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 72(2A) inserted 28 February 2019 section 98(2) Social Workers Registration Legislation Act 2019 Section 72(3) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 72(4) amended 28 February 2019 section 98(3) Social Workers Registration Legislation Act 2019
72A: Board’s consideration of committee recommendation for resolving complaint
1: On receiving a notice under section 72(2A) section 71(1)﻿(b)﻿(ii) to (v)
2: If the Board does not agree with a recommendation made to it, it must refer the complaint back to the committee for further consideration.
3: The Board must give written notice of its decision, the reasons for its decision, and any action it takes, to—
a: the Registrar; and
b: the social worker; and
c: in the case of a complaint, the complainant. Section 72A inserted 28 February 2019 section 99 Social Workers Registration Legislation Act 2019
73: Conciliation and mediation
1: If a professional conduct committee has decided that it should submit a complaint to conciliation,—
a: it may—
i: act as the conciliator; or
ii: appoint an independent person (who must not be a member of the committee or the Board) to act as the conciliator; and
b: it, or the conciliator (if one is appointed), must try to help the social worker and the complainant to resolve the complaint by agreement.
1A: If a committee refers a case to mediation, it must appoint an independent mediator.
1B: A conciliator (if the committee is not acting as the conciliator) or a mediator must report back to the committee on the outcome of the conciliation meeting or mediation.
2: If the committee thinks that the complaint has been successfully resolved by agreement, it must promptly give the chairperson of the Tribunal written notice to that effect.
3: If the committee thinks that the complaint has not been successfully resolved by agreement, it must promptly determine whether—
a: the committee should submit the complaint to the Tribunal; or
b: no further steps should be taken under this Act in relation to the complaint.
4: If it makes a determination to submit the complaint to the Tribunal, the committee must—
a: frame an appropriate charge; and
b: lay it before the Tribunal, together with a notice stating—
i: the matters on which the social worker and complainant reached agreement during conciliation; and
ii: the matters on which the social worker and complainant did not reach agreement during conciliation; and
c: give a copy of the charge and notice to the social worker and the complainant.
5: If the committee makes a determination that no further steps should be taken under this Act in relation to the complaint,—
a: no further steps may be taken under this Act in relation to the complaint; and
b: the committee must give the social worker and complainant written notice of—
i: the determination; and
ii: the committee's reasons. Section 73 heading replaced 28 February 2019 section 100(1) Social Workers Registration Legislation Act 2019 Section 73(1) replaced 28 February 2019 section 100(2) Social Workers Registration Legislation Act 2019 Section 73(1A) inserted 28 February 2019 section 100(2) Social Workers Registration Legislation Act 2019 Section 73(1B) inserted 28 February 2019 section 100(2) Social Workers Registration Legislation Act 2019
74: Committee may recommend suspension of
registration or practising certificate A professional conduct committee
a: the registration or practising certificate section 77
b: conditions social worker’s individual scope of practice section 77 Section 74 heading amended 28 February 2019 section 101(1) Social Workers Registration Legislation Act 2019 Section 74 amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 74(a) amended 28 February 2019 section 101(2) Social Workers Registration Legislation Act 2019 Section 74(b) amended 27 February 2021 section 102 Social Workers Registration Legislation Act 2019 Section 74(b) amended 28 February 2019 section 101(3) Social Workers Registration Legislation Act 2019 Procedure and decisions of Tribunal
75: Laying of charge before Tribunal
1: A charge against a social worker
a: by the Director of Proceedings under the Health and Disability Commissioner Act 1994
i: after conducting an investigation under Part 4
ii: under section 49
b: by a professional conduct committee
2: The charge must contain—
a: a statement to the effect that the Director of Proceedings or professional conduct committee
b: enough detail to inform the social worker clearly of the substance of the grounds.
3: As soon as is reasonably practicable after a charge is laid before the Tribunal, its chairperson must convene a hearing to consider the charge.
4: If the charge was laid by the Director of Proceedings, it must be prosecuted at the hearing by the Director of Proceedings.
5: If the charge was laid by a professional conduct committee
6: The Director of Proceedings or a professional conduct committee
7: Except as otherwise provided in this Part, the Tribunal—
a: may determine its own procedure; but
b: must observe the rules of natural justice. Section 75(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 75(1)﻿(b) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 75(2)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 75(5) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 75(6) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
76: Notice of disciplinary proceedings to be given to social worker
1: Before convening a hearing of the Tribunal to consider a charge against a social worker
a: stating that the Director of Proceedings or a professional conduct committee
b: specifying the particulars of the charge; and
c: specifying a date (being not less than 20 working days, and not more than 60 working days, after the date on which the notice is received by the social worker) on which the Tribunal intends to hear the charge.
2: The chairperson must also give a copy of the notice to any complainant.
3: The notice must require the social worker to inform the Tribunal in writing, not later than a date specified in it (being not less than 10 working days after the date on which the social worker receives the notice), whether he or she wishes to be heard by the Tribunal, either personally or by a representative.
4: If the social worker fails to notify the Tribunal as required by subsection (3), the social worker is entitled to appear and to be heard at the hearing, but only on conditions (as to payment of costs and expenses or otherwise) that the Tribunal thinks fit and orders. Section 76(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 76(1)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
77: Interim suspension of
registration or practising certificate conditions
1: At any time after a notice has been given to a social worker section 76(1)
a: the registration or practising certificate
b: that social worker may practise as a social worker only in accordance with conditions
2: The Tribunal may make an order under this section on the recommendation of the Director of Proceedings or a professional conduct committee
3: The Tribunal does not have to give the social worker notice that it intends to give the direction.
4: The direction must—
a: be in writing; and
b: state the reasons for it; and
c: state clearly the social worker's right to apply to the Tribunal to have it revoked; and
d: be signed by the chairperson or a deputy chairperson of the Tribunal.
5: The Registrar must ensure that a copy of the direction is given to the social worker, and any employer of the social worker, as soon as is reasonably practicable.
6: The direction takes effect from the day on which the copy is given to the social worker ( see section 145 Section 77 heading amended 28 February 2019 section 103(1) Social Workers Registration Legislation Act 2019 Section 77 heading amended 28 February 2019 section 103(2) Social Workers Registration Legislation Act 2019 Section 77(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 77(1)﻿(a) amended 28 February 2019 section 103(3) Social Workers Registration Legislation Act 2019 Section 77(1)﻿(b) amended 28 February 2019 section 103(4) Social Workers Registration Legislation Act 2019 Section 77(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 77(6) amended 28 February 2019 section 103(5) Social Workers Registration Legislation Act 2019
78: Social worker may apply for revocation of direction
1: A social worker section 77(1)
2: The application must be in writing and delivered to the Registrar.
3: The Tribunal—
a: must hear the application within 10 working days after it is received by the Registrar; and
b: the Tribunal may, as it thinks fit,—
i: grant or refuse the application; or
ii: in the case of conditions section 77(1)﻿(b) conditions
4: The Registrar must promptly give the social worker notice of the Tribunal's decision.
5: The Tribunal may revoke a direction under section 77(1)
6: The Tribunal's decision takes effect immediately. Section 78(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 78(3)﻿(b)﻿(ii) amended 28 February 2019 section 104 Social Workers Registration Legislation Act 2019
79: Hearings of Tribunal to be public
1: Except as provided in this section and in section 80
2: If, after having regard to the interests of any person (including, without limitation, the privacy of any complainant) and to the public interest, the Tribunal is satisfied that it is desirable to do so, it may (on application by the person or body prosecuting the charge, the social worker concerned, a complainant, or a witness, or of its own motion) make any 1 or more of the following orders:
a: an order that the whole or any part of a hearing must be held in private:
b: an order prohibiting the publication of any report or account of any part of a hearing, whether held in public or in private:
c: an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at a hearing:
d: an order prohibiting the publication of the name, or any particulars of the affairs, of any person.
2A: An application need not be made for, and, except as provided in section 80(6A) section 80(6)
3: An application to the Tribunal for an order under subsection (2) must be heard in private; but the other parties to the proceedings and any complainant are entitled to be present and to make submissions on it.
4: If the Tribunal of its own motion proposes to make an order under subsection (2), it must consider the matter in private; but the parties to the proceedings and any complainant are entitled to be present and to make submissions.
5: Even if a hearing of the Tribunal is otherwise held in private, the Tribunal may allow any particular person to attend it if satisfied that he or she has a particular interest in the matter to be heard.
6: An order made under this section continues in force—
a: until a time specified in it; or
b: if no time is specified, until revoked under section 81
7: This section does not prevent the Tribunal from deliberating in private as to its decision, or as to any question arising in the course of a hearing.
8: Orders cannot be made under paragraph (c) or paragraph (d) of subsection (2) in respect of—
a: any communication made by or on behalf of the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994
b: the publication of the effect of any order. Section 79(2A) inserted 28 February 2019 section 105 Social Workers Registration Legislation Act 2019
80: Special protection for certain witnesses
1: This section applies to evidence to be given at a hearing of the Tribunal by—
a: a witness (including a complainant) aged under 18 years; or
b: any other witness (including a complainant) if the evidence—
i: relates to or involves a sexual matter; or
ii: in the Tribunal’s opinion, relates to or involves some other matter that may require the witness to give intimate or distressing evidence.
2: Before a witness at a hearing by the Tribunal begins to give oral evidence to which this section applies, the presiding officer must—
a: tell the witness that he or she has a right to give the evidence in private; and
b: ask if the witness wishes to give the evidence in private.
3: If the witness is aged under 18 years, or is a witness described in subsection (1)﻿(b)
a: ensure that only people referred to in subsection (4) are present in the room in which the hearing is being held; and
b: tell the witness that he or she has a right to request the presence of any person of his or her choice who agrees to be present; and
c: tell the social worker that he or she has a right to request the presence of any person of his or her choice who agrees to be present.
4: If the witness is aged under 18 years, or is a witness described in subsection (1)﻿(b)
a: a member or officer of the Tribunal:
b: the social worker concerned:
c: the person prosecuting the charge:
d: any barrister or solicitor engaged in the proceedings:
e: if the social worker's representative is not a barrister or solicitor, the representative:
f: any person responsible to the Tribunal for recording the proceedings:
g: any accredited news media reporter:
h: 1 person of the witness' choice who agrees to be present:
i: 1 person of the social worker's choice who agrees to be present:
j: any other person expressly permitted by the Tribunal to be present.
5: The witness may object to the presence of a person of the social worker's choice (or a particular person of the social worker's choice); and in that case a person of the social worker's choice (or the particular person) may not be present in the room while the witness is giving the evidence.
6: No person may publish—
a: any particulars likely to lead to the identification of a witness described in subsection (1)
b: an account or a report of the evidence of the witness, including the whole or any part of any book, paper, document, or other thing produced at the hearing relating to that evidence.
6A: However, the Tribunal may make an order allowing publication of the matters described in subsection (6)
a: a complainant—
i: is aged 18 years or over (whether or not they were under 18 years when the matters that are the subject of their evidence occurred or when they gave evidence); and
ii: applies to the Tribunal for the order; and
b: the Tribunal is satisfied that the complainant understands the nature and effect of the application.
7: Section 80(1) replaced 28 February 2019 section 106(1) Social Workers Registration Legislation Act 2019 Section 80(3) amended 28 February 2019 section 106(2) Social Workers Registration Legislation Act 2019 Section 80(4) amended 28 February 2019 section 106(2) Social Workers Registration Legislation Act 2019 Section 80(6) replaced 28 February 2019 section 106(3) Social Workers Registration Legislation Act 2019 Section 80(6A) inserted 28 February 2019 section 106(3) Social Workers Registration Legislation Act 2019 Section 80(7) repealed 28 February 2019 section 106(4) Social Workers Registration Legislation Act 2019
81: Application for revocation of order under section 79
1: Any person may apply to the Tribunal that made an order under section 79
2: The application may be made by a person who was a party to the proceedings in which the order was made, or any other person.
3: The Tribunal may grant or refuse the application as it thinks fit.
82: Grounds on which Tribunal may make order
1: The Tribunal may make an order under section 83 social worker
a: has been guilty of professional misconduct; or
b: has been guilty of conduct that—
i: is unbecoming of a social worker; and
ii: reflects adversely on the social worker's fitness to practise as a social worker under the social worker’s individual scope of practice
c: has been convicted by a court (in New Zealand or elsewhere) of an offence that—
i: is punishable by imprisonment for a term of 3 months or longer; and
ii: was committed in circumstances that reflect adversely on the social worker's fitness to practise as a social worker under the social worker’s individual scope of practice
d: has failed to comply with conditions in their individual scope of practice section 77(1)﻿(b)
e: has performed a social work service that is included in a scope of practice of the social work profession but is not included in that social worker’s individual scope of practice; or
f: has failed to act in accordance with any condition included in their individual scope of practice.
2: A social worker
a: breaches the code of conduct; or
b: while practising as a social worker ; or
c: fails to report to the Board as required by section 51(1A)
d: commits an act or omission that, in the opinion of the Tribunal, has brought or is likely to bring discredit to the social work profession.
3: The Tribunal must not make an order under section 83 social worker
a: aware of the conviction; and
b: adequately informed of the circumstances of the offence.
4: A social worker Section 82(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 82(1)﻿(b)﻿(ii) amended 27 February 2021 section 108(1) Social Workers Registration Legislation Act 2019 Section 82(1)﻿(c)﻿(ii) amended 27 February 2021 section 108(1) Social Workers Registration Legislation Act 2019 Section 82(1)﻿(d) amended 27 February 2021 section 108(2) Social Workers Registration Legislation Act 2019 Section 82(1)﻿(d) amended 28 February 2019 section 107(1) Social Workers Registration Legislation Act 2019 Section 82(1)﻿(e) inserted 27 February 2021 section 108(3) Social Workers Registration Legislation Act 2019 Section 82(1)﻿(f) inserted 27 February 2021 section 108(3) Social Workers Registration Legislation Act 2019 Section 82(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 82(2)﻿(b) amended 28 February 2019 section 107(2) Social Workers Registration Legislation Act 2019 Section 82(2)﻿(b) amended 28 February 2019 section 107(3) Social Workers Registration Legislation Act 2019 Section 82(2)﻿(c) inserted 28 February 2019 section 107(4) Social Workers Registration Legislation Act 2019 Section 82(2)﻿(d) inserted 28 February 2019 section 107(4) Social Workers Registration Legislation Act 2019 Section 82(3) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 82(4) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
83: Penalties
1: If satisfied of any matter referred to in section 82(1)
a: an order that—
i: the registration of the social worker or their registration or practising certificate be suspended 3 years
ii: for a period of not more than 3 years, he or she may practise as a social worker only in accordance with stated conditions in their individual scope of practice
b: an order that he or she is censured:
c: an order that he or she pay a fine of not more than $10,000 to the Board:
ca: an order that they apologise to the complainant:
d: an order that he or she undergo stated additional training, professional development, or both:
e: an order that he or she pay part or all of the costs and expenses of and incidental to any or all of the following:
i: any investigation made by the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994
ii: any inquiry made by a professional conduct committee
iii: the prosecution of any charge concerned by the Director of Proceedings or professional conduct committee
iv: the hearing concerned.
2: The Tribunal must not make an order cancelling a social worker’s registration unless it has first considered suspension of the person’s registration or practising certificate or the imposition of conditions in their individual scope of practice
3: In dealing with a matter that constitutes an offence for which the social worker has been convicted by a court, the Tribunal must not impose a fine.
4: The Tribunal must have regard to the amount of any award of damages against the social worker under section 57
a: whether to make an order that he or she pay a fine; or
b: the amount of any fine.
5: In this section, stated conditions or imposition of conditions Section 83(1)﻿(a)﻿(i) amended 28 February 2019 section 109(1) Social Workers Registration Legislation Act 2019 Section 83(1)﻿(a)﻿(i) amended 28 February 2019 section 109(2) Social Workers Registration Legislation Act 2019 Section 83(1)﻿(a)﻿(i) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 83(1)﻿(a)﻿(ii) amended 27 February 2021 section 110(1) Social Workers Registration Legislation Act 2019 Section 83(1)﻿(a)﻿(ii) amended 28 February 2019 section 109(3) Social Workers Registration Legislation Act 2019 Section 83(1)﻿(ca) inserted 28 February 2019 section 109(4) Social Workers Registration Legislation Act 2019 Section 83(1)﻿(e)﻿(ii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 83(1)﻿(e)﻿(iii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 83(2) replaced 28 February 2019 section 109(5) Social Workers Registration Legislation Act 2019 Section 83(2) amended 27 February 2021 section 110(2) Social Workers Registration Legislation Act 2019 Section 83(5) inserted 27 February 2021 section 110(3) Social Workers Registration Legislation Act 2019
84: Orders as to restoration of registration
1: When making an order that the registration of a social worker
a: fix a date before which he or she may not apply for registration again:
b: impose 1 or more conditions that he or she must satisfy before he or she may apply for registration again.
2: The conditions may include any or all of the following:
a: a condition that the person undertake a specified course of education or training:
b: a condition that the person undergo—
i: any specified medical examination and treatment; or
ii: any specified psychological or psychiatric examination, counselling, or therapy:
c: a condition that the person attend any specified course of treatment or therapy for alcohol or drug abuse:
d: any other condition designed to address the matter that gave rise to the cancellation of the person's registration.
3: The Tribunal must not impose a condition under paragraph (b) or paragraph (c) of subsection (2) unless the person consents to the examination, treatment, counselling, or therapy concerned.
4: If the Tribunal fixes a date before which the person may not apply for registration again, no application for registration from him or her may be received or considered before that date.
5: Subsection (2) does not limit subsection (1)﻿(b). Section 84(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
85: Orders of Tribunal
1: An order of the Tribunal must—
a: be in writing; and
b: contain a statement of the reasons for it; and
c: be signed by the presiding officer at the hearing.
2: The Registrar must ensure that a copy of the order is given to—
a: the person or body who laid the charge; and
b: the social worker concerned; and
c: any complainant.
3: The order takes effect from the day on which a copy is given to the social worker ( see section 145 Section 85(3) amended 28 February 2019 section 111 Social Workers Registration Legislation Act 2019
86: Funding
1: The Board—
a: must pay—
i: all the costs of the Tribunal; and
ii: all the costs of every professional conduct committee
iii: all costs of and incidental to any hearing before the Tribunal; but
b: may use any money paid to it under an order under section 83(1)
2: To fund the costs referred to in subsection (1)﻿(a) (less any payments made to it), the Board may impose a levy, to be called the disciplinary levy, under section 109 Section 86(1)﻿(a)﻿(ii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
87: Recovery of fines and costs
1: All costs and expenses of the Health and Disability Commissioner or Director of Proceedings ordered to be paid under subparagraph (i) or subparagraph (iii) of section 83(1)﻿(e)
2: All other fines, costs, and expenses ordered to be paid under section 83(1)
5: Appeals
88: Rights of appeal
1: A person may appeal to the District Court
2: A person may appeal to the District Court Part 4 professional conduct committee
3: For the purposes of subsection (2),—
a: a decision includes a decision to refuse to make an order; and
b: an order includes a direction under section 77
c: a decision or order made in relation to a charge laid by the Director of Proceedings or a professional conduct committee professional conduct committee
4: The appeal—
a: must be brought by way of notice of appeal in accordance with rules of court; and
b: must be lodged within 20 working days after notice of the decision or order is communicated to the appellant, or within any further time a District Court Judge allows on application made before or after the period expires. Section 88(1) amended 1 March 2017 section 261 District Court Act 2016 Section 88(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 88(2) amended 1 March 2017 section 261 District Court Act 2016 Section 88(3)﻿(c) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
89: Notice of right of appeal
When notifying a person under this Act of any decision or order against which section 88
90: Orders to have effect pending determination of appeal
A decision or order against which an appeal is lodged under this Part continues in force until the appeal is determined, unless the District Court appealed to or the High Court orders otherwise.
91: Procedure on appeal
1: An appeal under this Part must be heard as soon as is reasonably practicable after it is lodged.
2: On hearing the appeal, the District Court
a: may confirm, reverse, or modify the decision or order appealed against; and
b: may make any other decision or order that the person or body that made the decision or order appealed against could have made.
3: The District Court must not review—
a: any part of a decision or order not appealed against; or
b: any decision or order not appealed against at all. Section 91(2) amended 1 March 2017 section 261 District Court Act 2016
92: Court's decision final
1: The District Court
2: Subsection (1) is subject to section 96 Section 92(1) amended 1 March 2017 section 261 District Court Act 2016
93: Court may refer matter back for reconsideration
1: Instead of determining an appeal under this Part, the District Court
2: The court—
a: must state its reasons for its direction; and
b: may give any other directions it thinks just as to the matter referred back for reconsideration.
3: The person or body—
a: must reconsider the matter; and
b: in doing so, must—
i: take the court's reasons into account; and
ii: give effect to the court's directions. Section 93(1) amended 1 March 2017 section 261 District Court Act 2016
94: Orders as to costs
On any appeal under this Part, the District Court Section 94 amended 1 March 2017 section 261 District Court Act 2016
95: Orders as to publication of names
1: On any appeal under this Part, the District Court social worker
2: In deciding whether to make an order under subsection (1), the court must have regard to—
a: the interests of any person (including, without limitation, the privacy of any complainant); and
b: the public interest. Section 95(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 95(1) amended 1 March 2017 section 261 District Court Act 2016
96: Appeal on question of law
1: If dissatisfied with a decision of the District Court as being erroneous in law, a party to an appeal under this Part may appeal to the High Court on a question of law only.
2: The appeal must be heard and determined in accordance with rules of court.
3: Part 6
a: so far as it is applicable and with all necessary modifications; but
b: only so far as it relates to appeals on questions of law.
4: Subsection (3) overrides subsection (2). Section 96(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Social Workers Registration Board and Social Workers Complaints and Disciplinary Tribunal
Social Workers Registration Board
97: Social Workers Registration Board established
1: This section establishes the Social Workers Registration Board.
2: The Board is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 97(2) added 25 January 2005 section 200 Crown Entities Act 2004 Section 97(3) added 25 January 2005 section 200 Crown Entities Act 2004
98: Powers of Board
Section 98 repealed 25 January 2005 section 200 Crown Entities Act 2004
99: Functions of Board
1: The functions of the Board are—
a: to receive and consider applications for registration:
b: to authorise the registration of social workers:
c: to maintain the Register:
d: if it thinks fit, to adopt conditions subject to which the individual scopes of practice of all social workers, or of all social workers
e: to consider applications for practising certificates referred to it by the Registrar:
f: to recognise or prescribe
g: to review the competence of social workers:
ga: to review social workers’ fitness to practise:
h: to establish and maintain a code of conduct for social workers
i: in consultation with providers of social work education and training in New Zealand and bodies that set standards for social work education and training in New Zealand, to promote and set standards for such education and training for the purposes of this Act:
j: to promote the benefits of registration—
i: to departments of State, other instruments of the Crown, other bodies and organisations that employ social workers, and the public; and
ii: among people practising as social workers:
k: to promote the establishment by departments of State, other instruments of the Crown, and other bodies and organisations that employ social workers, of accessible and efficient procedures for making, considering, and determining complaints relating to social workers they employ:
l: to advise, and make recommendations to, the Minister in respect of matters relating to the regulation of the social work profession:
m:
n: to promote and encourage high standards of practice and professional conduct among social workers
o: to consider the cases of social workers satisfactorily perform the functions required to practise as a social worker
oa: to set criteria for reporting serious misconduct or issues of competence or fitness to practise:
p: subject to this Act, to disclose to the employers or prospective employers of social workers information it has obtained under this Act relating to people who are or have been—
i: applicants for registration; or
ii: social workers
q: to provide administrative and related services for the Tribunal:
r: any other functions conferred or imposed on it by or under this Act or any other enactment.
2: Subsection (1)﻿(h) does not limit or affect the functions or powers of any department of State.
3: Subsection (1)﻿(p) does not apply to information required by this Act to be kept confidential.
4: The following are secondary legislation ( see Part 3
a: standards under subsection (1)﻿(i); and
b: an instrument setting criteria under subsection (1)﻿(oa). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 99(1)﻿(d) amended 27 February 2021 section 113 Social Workers Registration Legislation Act 2019 Section 99(1)﻿(f) amended 28 February 2019 section 112(1) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(ga) inserted 28 February 2019 section 112(2) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(h) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(m) repealed 28 February 2019 section 112(3) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(n) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(o) amended 28 February 2019 section 112(4) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(o) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(oa) inserted 28 February 2019 section 112(5) Social Workers Registration Legislation Act 2019 Section 99(1)﻿(p)﻿(ii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 99(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
100: Obligations of Board in relation to Māori
1: In the exercise and performance of its powers and functions, the Board must ensure that the aims and aspirations of Māori as tangata whenua, and the need for the appropriate involvement of Māori as tangata whenua, are integral and ongoing priorities.
2: The Board must maintain mechanisms (for example, appointing advisory committees or forming separate caucuses) to ensure that there are at all times readily accessible to it the views of Māori as tangata whenua.
101: Obtaining views of ethnic and cultural groups
The Board—
a: must maintain mechanisms (for example, appointing advisory committees or forming separate caucuses) to ensure that there are at all times readily accessible to it the views of Pacific people; and
b: must either maintain, or from time to time set in place as the need arises, mechanisms to ensure that it has access to the views of other ethnic and cultural groups in New Zealand.
102: Restriction on Ministerial direction
The Minister may not give a direction under section 103 relating to the registration of individual social workers Section 102 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 102 amended 28 February 2019 section 114 Social Workers Registration Legislation Act 2019
103: Other provisions relating to requirements
Section 103 repealed 25 January 2005 section 200 Crown Entities Act 2004
104: Review of operation of Act
1: As soon as is practicable after the expiry of the period of 3 years beginning on the commencement of section 99
a: review the operation of this Act, and its own operations, since—
i: the commencement of this Part (in the case of the first review carried out under this paragraph); and
ii: the date of the last review carried out under this paragraph (in the case of every later review); and
b: consider whether any amendments to this Act are necessary or desirable; and
c: report its findings to the Minister.
2: Within 12 sitting days after receiving the report, the Minister must present a copy to the House of Representatives. Section 104(1)﻿(b) replaced 28 February 2019 section 115 Social Workers Registration Legislation Act 2019
105: Code of conduct
1: The Board must issue and maintain a code of conduct covering the minimum standards of integrity and conduct that—
a: are to apply to social workers
b: should apply generally in the social work profession.
2: Before it issues or amends the code of conduct, the Board must consult—
a: organisations and individuals that, in its opinion, represent social workers; and
b: organisations and individuals that, in its opinion, represent employers of social workers.
3: The code of conduct under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 105(1)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 105(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
106: Membership
1: The Board comprises—
a: 4 social workers (not being social workers whose registration or practising certificate is suspended); and
b: 3 other people.
2:
3: Members of the Board are the board for the purposes of the Crown Entities Act 2004 Section 106(1) replaced 27 May 2019 section 116(1) Social Workers Registration Legislation Act 2019 Section 106(2) repealed 27 May 2019 section 116(2) Social Workers Registration Legislation Act 2019 Section 106(3) added 25 January 2005 section 200 Crown Entities Act 2004
107: Additional information in annual report
In addition to the information required by section 151 section 150 Section 107 substituted 25 January 2005 section 200 Crown Entities Act 2004
108: Board may set fees
1: The Board may from time to time, by notice
a: applications for registration:
b: additions or alterations to the Register:
c: the issue of practising certificates:
d: the issue of other certificates:
e: the issue of copies of certificates:
f: the supply of a copy of an entry in the Register:
g: inspecting the Register, or any other document kept by the Board that is open for inspection:
h: supplying to any social worker
i: sitting any examination set or assessment recognised
j: the setting and conduct
k: any other matter relating to anything the Board is required to do in order to carry out its functions.
2: The notice may exempt people of any kind or description from liability to pay any fee, and may provide for the waiver or refund of any fee.
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 108(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 108(1)﻿(h) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 108(1)﻿(i) amended 28 February 2019 section 117(1) Social Workers Registration Legislation Act 2019 Section 108(1)﻿(j) amended 28 February 2019 section 117(2) Social Workers Registration Legislation Act 2019 Section 108(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
109: Disciplinary levy
1: The Board may from time to time, by notice social worker
2: The notice may exempt people of any kind or description from liability to pay the levy, and may provide for the waiver or refund of the levy.
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 109(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 109(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 109(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
110: Further provisions relating to fees and levy
1: The Board may at any time, by notice section 108 section 109
2: Every notice published under section 108 section 109
3:
4: Every fee set under section 108 section 109
5: The Registrar may decline to do or permit to be done any act in respect of which a fee is payable to the Board under this Act, until the fee is paid.
6: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 110(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 110(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 110(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
111: Application of income
Section 111 repealed 25 January 2005 section 200 Crown Entities Act 2004
112: Directions and resolutions to be in writing
Section 112 repealed 25 January 2005 section 200 Crown Entities Act 2004
113: Other provisions relating to Board
The provisions set out in Schedule 1 Social Workers Complaints and Disciplinary Tribunal
114: Social Workers Complaints and Disciplinary Tribunal established
This section establishes the Social Workers Complaints and Disciplinary Tribunal.
115: Function of Tribunal
The Tribunal's functions are—
a:
b: to exercise the disciplinary powers over social workers
c: any other functions conferred or imposed on it by or under this Act or any other enactment. Section 115(a) repealed 28 February 2019 section 118 Social Workers Registration Legislation Act 2019 Section 115(b) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
116: Membership of Tribunal
1: The Tribunal comprises the following members appointed by the Minister:
a: a chairperson and a deputy chairperson (who must each be a barrister or solicitor of the High Court of not less than 7 years’ practice, whether or not the person holds or has held judicial office); and
b: 5 social workers (not being social workers whose registration or practising certificate is suspended); and
c: at least 1 layperson.
2: A member of the Board is not eligible to be a member of the Tribunal. Section 116(1) replaced 28 February 2019 section 119 Social Workers Registration Legislation Act 2019
117: Suitability of certain people to be appointed
In considering the suitability of any person to be appointed to the Tribunal under section 116(1)﻿(b) Minister
a: have regard not only to the person’s qualifications
b:
c: have regard to the need to ensure that the Tribunal has—
i: enough people who represent Māori; and
ii: enough people who represent different ethnic and cultural groups in New Zealand. Section 117 amended 28 February 2019 section 120(1) Social Workers Registration Legislation Act 2019 Section 117 amended 28 February 2019 section 120(2) Social Workers Registration Legislation Act 2019 Section 117(a) amended 28 February 2019 section 120(3) Social Workers Registration Legislation Act 2019 Section 117(b) repealed 28 February 2019 section 120(4) Social Workers Registration Legislation Act 2019
118: Removal of members
1: The Minister
a: he or she is adjudged bankrupt under the Insolvency Act 2006
b: 5 years has elapsed since the date on which he or she was appointed to the Tribunal; or
c: he or she gives the Minister
2: The Minister the person’s removal
a: because the person is unable to perform his or her duties adequately; or
b: for neglect of duty or misconduct, proved to the chairperson's satisfaction.
3: A person may not be removed from the Tribunal under paragraph (b) or paragraph (c) of subsection (1) until any hearings in respect of which that person was appointed to the Tribunal have concluded.
4: No person is entitled to compensation for removal from the Tribunal. Section 118(1) amended 28 February 2019 section 121(1) Social Workers Registration Legislation Act 2019 Section 118(1)﻿(a) amended 3 December 2007 section 445 Insolvency Act 2006 Section 118(1)﻿(c) amended 28 February 2019 section 121(1) Social Workers Registration Legislation Act 2019 Section 118(2) amended 28 February 2019 section 121(1) Social Workers Registration Legislation Act 2019 Section 118(2) amended 28 February 2019 section 121(2) Social Workers Registration Legislation Act 2019
119: Hearings by Tribunal
1: For the purposes of a particular hearing, the Tribunal comprises,—
a: as presiding officer, the chairperson of the Tribunal or a deputy chairperson chosen by the chairperson; and
b: of the 5 members who are social workers appointed under section 116(1)﻿(b)
c: the layperson appointed under section 116(1)﻿(c)
2: A hearing of the Tribunal—
a: must be held at times and places the Tribunal or the presiding officer appoints for it; and
b: may be adjourned from time to time and from place to place by the Tribunal or the presiding officer.
3: A hearing of the Tribunal must not take place unless all its members for the hearing are present; but a decision of a majority of those members is the decision of the Tribunal for the purposes of the hearing. Section 119(1) replaced 28 February 2019 section 122 Social Workers Registration Legislation Act 2019
120: Other provisions relating to Tribunal
The provisions set out in Schedule 2
7: Register and Registrar
Register of Social Workers
121: Register of social workers
The Board must keep a register of social workers.
122: Register to be maintained in parts
The Registrar must keep the Register in 3 separate parts—
a: one for information relating to people who do not hold limited registration; and
b: one for information relating to people who hold provisional registration; and
c: one for information relating to people who hold temporary registration.
123: Information to be registered
1: The information to be entered in the Register in respect of a person is—
a: the person's name:
b: the person's home or work address:
ba: the person’s electronic address (if the person has one):
c: particulars of any qualifications by virtue of which the person is registered:
d: the type of registration the person holds:
e: the date on which the Board decided that the person should be registered:
f: the date of registration:
g: any other matters prescribed by regulations made under this Act:
h: any other matters the Board thinks appropriate.
2: The home or work address must be the physical address of the premises concerned.
3: The following information must also be entered in the Register in respect of a person who is registered:
a: the scope of practice of the social work profession for which the person is registered and the social work services the person is permitted to perform or not permitted to perform under that scope of practice:
b: any condition (including any applicable general condition) to which the person’s individual scope of practice is subject (including any ordered by the Tribunal):
c: particulars of any practising certificate issued to the person:
d: if a person’s registration or practising certificate is suspended (including if ordered by the Tribunal), the fact that it is suspended and any conditions relating to that suspension.
4: The Registrar must , if satisfied that any of the following information has changed or is incorrect,
a: any changes or errors
b: any changes or errors Section 123(1)﻿(ba) inserted 28 February 2019 section 123(1) Social Workers Registration Legislation Act 2019 Section 123(3) replaced 27 February 2021 section 124 Social Workers Registration Legislation Act 2019 Section 123(4) amended 28 February 2019 section 123(4) Social Workers Registration Legislation Act 2019 Section 123(4)﻿(a) amended 28 February 2019 section 123(5) Social Workers Registration Legislation Act 2019 Section 123(4)﻿(b) amended 28 February 2019 section 123(5) Social Workers Registration Legislation Act 2019
124: Certificates of registered information
On payment of the fee (if any) set by the Board, the Registrar must give a person who asks for it a certificate—
a: stating all the current information then entered in the Register in relation to a particular person (other than his or her home address); and
b: stating that it is all the current information then entered in the Register in relation to the person (other than his or her home address); and
c: signed and dated by the Registrar.
125: Social workers to notify changes to personal information on Register
1: This section applies to the information described in section 123(1)﻿(a) to (c)
2: If any of that information changes, the social worker must give written notice to the Registrar.
3: The written notice must be given to the Registrar within 1 month of the change in name, home or work address, electronic address, or particulars of qualifications. Section 125 replaced 28 February 2019 section 125 Social Workers Registration Legislation Act 2019
126: Changes of name
Section 126 repealed 28 February 2019 section 126 Social Workers Registration Legislation Act 2019
127: Social worker may ask for registration to be cancelled
1: On the written application of a social worker
2: The Board must not cancel a social worker’s registration if—
a: disciplinary action against the social worker under this Act has begun or is pending; or
b: the social worker is the subject of an investigation by the Health and Disability Commissioner.
3: The Registrar must make reasonable efforts to give a copy of the direction to the social worker. Section 127(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 127(2) replaced 28 February 2019 section 127 Social Workers Registration Legislation Act 2019
128: Entry to be cancelled on death of social worker
1: Promptly after registering the death of a person who appears to have been a social worker section 4
2: If there is an entry in the Register relating to the person, the Registrar must, as soon as is practicable after receiving the notice, cancel it.
3: The Board may direct the Registrar to cancel the entry in the Register relating to a social worker certificate of cause of death (as defined in section 2(1) social worker
4: The Registrar must make reasonable efforts to give a copy of the direction to the social worker's personal representative.
5: Section 128(1) substituted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 128(1) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 128(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 128(3) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 128(3) amended 31 January 2018 section 11 Burial and Cremation Amendment Act 2016 Section 128(5) repealed 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008
129: Revision of Register
1: The Registrar may at any time, and must if the Board directs, ask whether a social worker
a: has stopped practising as a social worker
b: is living, or intends to continue to live, overseas; or
c: for any reason
2: The Registrar must ask—
a: by letter addressed to the social worker at their last known address and sent by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the person to whom it is addressed; or
b: by message sent to an electronic address supplied to the Registrar by the social worker.
3: If the social worker tells the Registrar in writing that they wish to have their registration cancelled, the Board must (subject to section 127(2)
3A: Nothing in this section prevents a social worker who is no longer practising as a social worker from remaining on the Register if they wish to do so.
4: If the Registrar does not receive a reply to the letter within 6 months after it was posted, or if the letter is returned to the Registrar undelivered, the Board may cancel the social worker's registration.
5: The Registrar must make reasonable efforts to give a copy of a direction under subsection (3) or subsection (4) to the social worker concerned. Section 129(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 129(1)﻿(a) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019 Section 129(1)﻿(c) amended 28 February 2019 section 128(1) Social Workers Registration Legislation Act 2019 Section 129(2) replaced 28 February 2019 section 128(2) Social Workers Registration Legislation Act 2019 Section 129(3) replaced 28 February 2019 section 128(3) Social Workers Registration Legislation Act 2019 Section 129(3A) inserted 28 February 2019 section 128(3) Social Workers Registration Legislation Act 2019
130: Restoration of entries
1: This section applies to a person if the entry in the Register relating to him or her has been cancelled under section 128(3) section 129
2: On the written application of a person to whom this section applies, the Board must direct the Registrar to restore the entry in the Register relating to the person.
131: Review of registration of overseas qualified person
1: The Board may direct the Registrar to cancel the entry in the Register relating to a social worker section 7
a: has in any period of 3 consecutive years since being registered resided outside New Zealand for a period of 6 consecutive months; and
b: intends to continue to reside overseas.
2: Subsection (1)
a: a period before the commencement of this section during which a person resided outside New Zealand; or
b: any period of not more than 3 years during which a person resided outside New Zealand while undertaking post-graduate study in social work or a subject related to social work.
3: The Board must not give a direction under subsection (1) unless—
a: the Registrar has made reasonable efforts to give the social worker concerned—
i: written notice of the Board's reasons for proposing to do so; and
ii: a copy of any written information on which the Board is relying; and
iii: a written summary
iv: written notice that the social worker has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
b: if the Registrar has succeeded, the Board—
i: has given the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
ii: has considered any written or oral submissions made to it within a reasonable time of the social worker's being given the notice referred to in paragraph (a)﻿(iv).
4: A person exercising his or her right to be heard personally is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
5: The Board may permit a person exercising his or her right to be heard personally to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (4).
6: The Registrar must make reasonable efforts to give a copy of a direction under subsection (1) to the social worker concerned.
7: The Board must direct the Registrar to restore the entry in the Register relating to a social worker
a: the social worker applies to the Board in writing to have the entry restored; and
b: the Board is satisfied that he or she intends to reside in New Zealand.
8: The direction to restore the entry may be made subject to the person's competence to practise as a social worker Part 3 Section 131 heading replaced 28 February 2019 section 129(1) Social Workers Registration Legislation Act 2019 Section 131(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 131(2) amended 28 February 2019 section 129(2) Social Workers Registration Legislation Act 2019 Section 131(3)﻿(a)﻿(iii) amended 28 February 2019 section 129(3) Social Workers Registration Legislation Act 2019 Section 131(7) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 131(8) amended 27 February 2021 section 144(2) Social Workers Registration Legislation Act 2019
132: Cancellation of registration on Board's direction
1: The Board may direct the Registrar to cancel the entry in the Register relating to a social worker
a: obtained registration by making a false or misleading representation or declaration (whether oral or written); or
b: was not entitled to be registered.
1A: The Board must not give a direction unless—
a: it is satisfied that the Registrar has made reasonable efforts to give the social worker—
i: written notice of the Board’s reasons for proposing to give the direction; and
ii: a copy of any written information on which the Board is relying; and
iii: a written summary of any other information on which the Board is relying; and
iv: written notice giving the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
b: the Board has then—
i: given the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
ii: considered any written or oral submissions that were made to it.
1B: A person exercising their right to be heard personally is entitled to be accompanied by 1 person of their choice who agrees to attend.
2: The Registrar must make reasonable efforts to give to the social worker concerned a copy of a direction under subsection (1).
3: If no appeal against the order has been made within the time provided by this Act, the Board may direct the Registrar to notify the cancellation in any publications the Board directs. Section 132(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 132(1A) inserted 28 February 2019 section 130 Social Workers Registration Legislation Act 2019 Section 132(1B) inserted 28 February 2019 section 130 Social Workers Registration Legislation Act 2019
133: Removal of qualifications, or cancellation of registration, overseas
1: The Board may review the registration of a social worker section 7
a: the educational establishment that gave him or her the overseas qualification equivalent to a recognised New Zealand qualification has cancelled or suspended it (or taken action equivalent to cancelling or suspending it); or
b: an overseas authority that maintains a register of people registered or licensed as social workers (or as practitioners of a profession equivalent to that of a social worker) has—
i: removed his or her name from that register; or
ii: suspended his or her registration; or
iii: taken action equivalent to removing his or her name from that register or suspending his or her registration.
2: The Board must take all reasonably practicable steps to ensure that the social worker
a: written notice containing enough details to inform him or her clearly of the substance of the grounds on which the Board has decided to carry out the review; and
b: any written information and a written summary of any other information
c: a reasonable opportunity to make written submissions and be heard on the matter, either personally or by a representative.
3: A person exercising his or her right to be heard personally is entitled to be accompanied by 1 person of his or her choice who agrees to attend.
4: The Board may permit a person exercising his or her right to be heard personally to be accompanied by any number of people of his or her choice who agree to attend, in addition to the person by whom he or she is entitled to be accompanied by subsection (3).
5: Except as provided in subsections (2) to (4), the form of the review is at the Board's discretion.
6: After the review, the Board, if it thinks it appropriate to do so,—
a: may direct the Registrar to note in the Register the cancellation, suspension, or removal concerned; and
b: may either—
i: suspend the social worker’s
ii: direct the Registrar to cancel the entry in the Register relating to the social worker
7: The Registrar must take all reasonably practicable steps to ensure that the social worker Section 133(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 133(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 133(2)﻿(b) amended 28 February 2019 section 131 Social Workers Registration Legislation Act 2019 Section 133(6)﻿(b)﻿(i) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 133(6)﻿(b)﻿(ii) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 133(7) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
134: Cancellation or suspension not to affect existing liabilities
The cancellation or suspension of a social worker’s registration or the suspension of their practising certificate does not affect their liability Section 134 amended 28 February 2019 section 132 Social Workers Registration Legislation Act 2019 Section 134 amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
135: Board to publish Register
1: The Board must from time to time publish the Register, in any form it thinks fit.
2: The publication must not contain the home addresses or electronic addresses social workers
3: Publication may be in printed or electronic form.
4: The Board may publish the Register with some of the information it contains abbreviated, so long as all abbreviations are explained or easily understandable.
5: Subsections (3) and (4) do not limit the generality of subsection (1). Section 135(2) amended 28 February 2019 section 133 Social Workers Registration Legislation Act 2019 Section 135(2) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
136: Inspection of Register
1: The Registrar must keep the published form of the Register open for public inspection at the offices of the Board during its ordinary office hours.
2: The Registrar must ensure that there are available at the offices of the Board during its ordinary office hours—
a: copies of the published form of the Register; or
b: suitable facilities for obtaining print-outs of the published form of the Register.
3: The Registrar—
a: may refuse to allow a person to inspect the published form of the Register if the person does not pay the fee (if any) set by the Board for inspecting it; and
b: may refuse to give a copy or print-out of the published form of the Register or any part of it to any person who does not pay the fee (if any) set by the Board for such a copy or print-out. Registrar
137: Board to appoint Registrar
1: The Board must appoint one of its employees as Registrar of the Register of Social Workers.
2: The Registrar may be the same person as the chief executive Section 137(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 137(2) amended 25 January 2005 section 200 Crown Entities Act 2004
138: Registrar to comply with directions of Board
Subject to section 139 Section 138 replaced 28 February 2019 section 134 Social Workers Registration Legislation Act 2019
139: Registrar may refuse to act if fine or costs outstanding, or fee not paid
1: If a person has not paid a fine imposed on him or her under this Act, or any costs or expenses payable by him or her by an order under this Act, the Registrar may refuse to—
a: issue a certificate of registration to the person:
b: refer to the Board an application for registration made by the person:
c: renew the person's registration:
d: issue a practising certificate to the person:
e: refer to the Board an application for a practising certificate made by the person.
2: If a person has not paid any fee set by the Board for the issue of a practising certificate, the Registrar may refuse to—
a: issue a practising certificate to the person:
b: refer to the Board an application for a practising certificate made by the person.
3: A person aggrieved by a refusal of the Registrar under subsection (1) may, by written application to the Board, ask the Board to review the refusal; and in that case, the Board—
a: must promptly review the refusal; and
b: must either confirm it or (as the case requires) direct the Registrar to issue a certificate of registration or practising certificate to, or renew the registration of, or refer to the Board the application made by, the person.
140: Notice of conditions in individual scope of practice
The Board may direct the Registrar to give to any person who employs or engages a social worker or practises in association with a social worker written notice of a new condition imposed, or the cancellation or variation of an existing condition, by the Board or the Tribunal in that social worker’s individual scope of practice. Section 140 replaced 27 February 2021 section 136 Social Workers Registration Legislation Act 2019
8: Miscellaneous, transitional, and consequential provisions
Miscellaneous provisions
141: Certificate of Registrar to be evidence
1: In the absence of proof to the contrary, a certificate purporting to be signed by the Registrar is for all purposes sufficient evidence of—
a: whether any person was or was not registered, or was or was not the holder of a practising certificate, at a time or during a period stated in the certificate:
b: any entry in the Register:
c: any act or proceeding of the Board, a committee of the Board, or a professional conduct committee
2: In the absence of proof to the contrary, a certificate purporting to be signed by the Registrar is for all purposes sufficient evidence of any matter stated in the certificate relating to the proceedings of the Tribunal. Section 141(1)﻿(c) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
142: Board may withhold information in certain circumstances
Nothing in this Act requires the Board to make available to any person any information that could be withheld under the Official Information Act 1982
143: Immunity of members and legal advisers of
professional conduct committees Section 121(2) professional conduct committee professional conduct committee Section 143 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 143 heading amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 143 amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019
144: Proceedings not invalid because of defect in appointment
1: This section applies to professional conduct committee
2: No act or proceeding of a body to which this section applies, or of a person acting as a member of a body to which this section applies, is invalid because—
a: there was a defect in the appointment of a person acting as a member of the body; or
b: a person acting as a member of the body was incapable of being, or had ceased to be, a member of it. Section 144(1) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 144(1) amended 25 January 2005 section 200 Crown Entities Act 2004
145: Notice and service of documents
1: Unless this Act provides otherwise, if a provision of this Act or of any regulations made under it requires or authorises any notice or other document, or any notification, to be given to a person, the notice, document, or notification must be given in writing to the person—
a: by delivering it personally to the person; or
b: by sending it by pre-paid post addressed to the person at the person's usual or last known place of residence or business; or
ba: by sending it to the electronic address provided by the person; or
c: in any other manner a District Court Judge directs.
2: In the absence of proof to the contrary, a notice, document, or notification sent by post to a person in accordance with subsection (1)﻿(b) must be treated as having been given to the person when it would have been delivered in the ordinary course of the post; and in proving the delivery, it is enough to prove the letter was properly addressed and posted.
3: If a person is absent from New Zealand, a notice, document, or notification given to the person's agent in New Zealand in accordance with subsection (1) must be treated as having been given to him or her.
4: If a person has died, the notice, document, or notification may be given, in accordance with subsection (1), to his or her personal representative. Section 145(1)﻿(ba) inserted 28 February 2019 section 137 Social Workers Registration Legislation Act 2019
146: Publication of orders
1: The Board may direct the Registrar to publish, in any publications it directs, a notice stating—
a: the effect of any order or direction it has made or given under this Act in respect of a social worker; and
b: the name of the social worker.
2: If the Tribunal makes an order under this Act in respect of a social worker, the Registrar must publish, in any publications the Tribunal directs, a notice stating—
a: the effect of the order; and
b: the name of the social worker; and
c: a summary of the proceedings in which the order was made.
3: If a court makes an order under this Act in respect of a social worker, the Registrar must publish, in any publications the court directs, a notice stating—
a: the effect of the order; and
b: the name of the social worker; and
c: a summary of the proceedings in which the order was made.
4: There must not be published under subsection (2) or (3) anything that is the subject of an order under section 79(2) section 80(6)
5: Subsections (2) and (3) are subject to any order of a court. Section 146(4) amended 28 February 2019 section 138 Social Workers Registration Legislation Act 2019
147: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for
a: regulating the procedure of the Board, the Tribunal, or professional conduct committees
aa: regulating the use of identification by social workers when dealing with members of the public:
b: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The Minister must not recommend the making of regulations without consulting the Board.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 147(1) amended 28 February 2019 section 139(1) Social Workers Registration Legislation Act 2019 Section 147(1)﻿(a) amended 28 February 2019 section 144(1) Social Workers Registration Legislation Act 2019 Section 147(1)﻿(aa) inserted 28 February 2019 section 139(2) Social Workers Registration Legislation Act 2019 Section 147(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
147A: Power to obtain information
1: The chief executive may, if the chief executive has reasonable cause to believe that an offence against section 148(2) to (5)
a: to give the department the information specified in the notice; or
b: to give the department a document in or under that person’s custody or control and to allow the department to make copies of or take extracts from that document; or
c: to give the department copies of or extracts from a document in or under that person’s custody or control.
2: A person who receives a notice under this section must comply with it within the period and in the manner stated in the notice and must do so without charge.
3: Before issuing a notice, the chief executive must first ask the person in writing to provide the information unless doing so would prejudice the maintenance of the law.
4: This section is subject to section 147B
5: In this section and section 147B chief executive department Section 147A inserted 27 February 2021 section 140 Social Workers Registration Legislation Act 2019
147B: Privilege
1: Section 147A
a: would be privileged in a court of law:
b: is subject to legal professional privilege.
2: If a person refuses to give the department information or a document on the ground that it is privileged, the department or that person or another person to whom the information or document relates may apply to a District Court Judge for an order determining whether the claim of privilege is valid.
3: The Judge may, for the purposes of determining the application, require the information or document to be produced to the court. Section 147B inserted 27 February 2021 section 140 Social Workers Registration Legislation Act 2019
148: Offences
1: Every person commits an offence, and is liable on
a: makes an oral or written declaration or representation that, to his or her knowledge, is false or misleading in a material particular; or
b: produces a document to the Board, or otherwise uses a document, knowing that it contains a declaration or representation that, to his or her knowledge, is false or misleading in a material particular; or
c: produces a document to the Board, or otherwise uses a document, knowing that it is not genuine.
2: A person who knowingly contravenes section 6AA(1) or (2)
3: A person who knowingly contravenes section 6AA(3)
4: A person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000, or both, if they hold an employee or a professional associate out as a social worker, knowing that the employee or associate—
a: is not a social worker registered under this Act; or
b: is a social worker registered under this Act—
i: whose registration is suspended; or
ii: who does not hold a current practising certificate; or
iii: who holds a current practising certificate that is suspended.
5: A social worker
a: holds himself or herself out as holding a current practising certificate when—
i: he or she does not hold a current practising certificate; or
ii: his or her current practising certificate is suspended; or
b: fails or refuses to comply with a condition imposed by the Board or the Tribunal in their individual scope of practice.
6: A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they disclose information in breach of section 46(1)
7: A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they receive a production notice under section 68B
a: refuse or fail without reasonable excuse to comply with the notice; or
b: knowingly or recklessly provide information that is false or misleading in any material particular.
8: A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they intentionally and without lawful excuse publish any information in breach of a suppression order made under section 79(2)﻿(b) to (d) section 80(6)
9: A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they—
a: refuse or fail, without reasonable excuse, to comply with a notice given under section 147A
b: purport to comply with a notice given under section 147A Section 148(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 148(2) replaced 27 February 2021 section 142(1) Social Workers Registration Legislation Act 2019 Section 148(3) replaced 27 February 2021 section 142(1) Social Workers Registration Legislation Act 2019 Section 148(4) replaced 28 February 2019 section 141(1) Social Workers Registration Legislation Act 2019 Section 148(5) amended 28 February 2019 section 141(2 Social Workers Registration Legislation Act 2019 Section 148(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 148(5)﻿(b) replaced 27 February 2021 section 142(2) Social Workers Registration Legislation Act 2019 Section 148(6) inserted 28 February 2019 section 141(4) Social Workers Registration Legislation Act 2019 Section 148(7) inserted 28 February 2019 section 141(4) Social Workers Registration Legislation Act 2019 Section 148(8) inserted 28 February 2019 section 141(4) Social Workers Registration Legislation Act 2019 Section 148(9) inserted 27 February 2021 section 142(3) Social Workers Registration Legislation Act 2019
148A: Failure by employer to report to Board not offence
An employer who fails to report to the Board as required by section 38B 47A 51(1C) Section 148A inserted 28 February 2019 section 143 Social Workers Registration Legislation Act 2019 Consequential amendments
149: Consequential amendments
The enactments specified in Schedule 3