1 Title
Part 1Preliminary
2 Commencement
3 Purpose
4 Interpretation
5 Act binds the Crown
Part 2Registration and practising certificates
Entitlement to registration
6 Entitlement to registration of New Zealand-qualified social workers
7 Entitlement to registration of overseas-qualified social workers
Applications
8 Applications for registration
9 Consideration of applications by Board
10 Provisional registration
11 Temporary registration
Criteria
12 Criteria for full registration
13 Board may recognise practical experience in certain cases
14 Criteria for provisional registration
15 Criteria for temporary registration
16 Applications by certain people previously registered
17 Board to give reasons
Registration generally
18 Registrar to register successful applicants
19 Registrar to notify unsuccessful applicants
20 Certificates of registration
21 Surrender of certificate of registration
Limited registration
22 Renewal of limited registration
23 Criteria for renewal of limited registration
24 Cancellation of limited registration
Practising certificates
25 Practising registered social workers to hold practising certificates
26 Applications for practising certificates
27 Effect of making compliant application
28 Issue of practising certificates
29 Board may adopt general conditions
30 Restrictions on issue of practising certificates
31 Board to consider certain applications
32 Procedure for consideration
33 Decisions of Board as to practising certificates
34 Currency of practising certificates
35 Conditions on practising certificates
36 Surrender of practising certificates
37 Interim practising certificates
Part 3Competence and fitness
Competence
38 Competence to practise social work
39 Reviews of competence to practise social work
40 Form of review
41 Actions after review of competence
Competence assessments
42 Competence assessments
43 Copies of competence assessments to be available
44 Registered social workers to complete assessments every 5 years
45 Actions if registered social worker fails assessment
46 Confidentiality of information
Fitness
47 Fitness to practise social work
48 Consideration of fitness to practise social work
49 Action if Board considers registered social worker not fit and proper
50 Board to ask police for information, and consider convictions
Conditions affecting ability to practise social work
51 Notification of conditions affecting ability to practise social work
52 Power to seek medical advice
53 Notice to be put before chairperson
54 Interim suspensions
55 Power to order medical examination
56 Conduct and consequences of examination
57 Restrictions may be imposed because of condition
58 Revocation of restrictions
Part 4Discipline
Complaints
59 Complaints against registered social workers
60 Registrar to notify Tribunal of complaints
61 Registrar to notify Health and Disability Commissioner of certain complaints
62 Health and Disability Commissioner may notify Tribunal of complaints
63 Notification of convictions
64 Suspension of action while Health and Disability Commissioner investigates
65 Referral of complaints and notices of conviction to complaints assessment committee
Complaints assessment committees
66 Complaints assessment committees
67 Committees may regulate own procedure
68 Committees may appoint legal advisers
69 Information to be given to social worker and complainant
70 Social workers and complainants may request changes in membership of complaints assessment committee
71 Determination of complaint by complaints assessment committee
72 Procedure after committee makes determination
73 Conciliation
74 Committee may recommend suspension of registration or imposition of conditions
Procedure and decisions of Tribunal
75 Laying of charge before Tribunal
76 Notice of disciplinary proceedings to be given to social worker
77 Interim suspension of registration or imposition of restrictions on practice
78 Social worker may apply for revocation of direction
79 Hearings of Tribunal to be public
80 Special protection for certain witnesses
81 Application for revocation of order under section 79
82 Grounds on which Tribunal may make order
83 Penalties
84 Orders as to restoration of registration
85 Orders of Tribunal
86 Funding
87 Recovery of fines and costs
Part 5Appeals
88 Rights of appeal
89 Notice of right of appeal
90 Orders to have effect pending determination of appeal
91 Procedure on appeal
92 Court's decision final
93 Court may refer matter back for reconsideration
94 Orders as to costs
95 Orders as to publication of names
96 Appeal on question of law
Part 6Social Workers Registration Board and Social Workers Complaints and Disciplinary Tribunal
Social Workers Registration Board
97 Social Workers Registration Board established
98 Powers of Board [Repealed]
99 Functions of Board
100 Obligations of Board in relation to Maori
101 Obtaining views of ethnic and cultural groups
102 Restriction on Ministerial direction
103 Other provisions relating to requirements [Repealed]
104 Review of operation of Act
105 Code of conduct
106 Membership
107 Additional information in annual report
108 Board may set fees
109 Disciplinary levy
110 Further provisions relating to fees and levy
111 Application of income [Repealed]
112 Directions and resolutions to be in writing [Repealed]
113 Other provisions relating to Board
Social Workers Complaints and Disciplinary Tribunal
114 Social Workers Complaints and Disciplinary Tribunal established
115 Function of Tribunal
116 Membership of Tribunal
117 Suitability of certain people to be appointed
118 Removal of members
119 Hearings by Tribunal
120 Other provisions relating to Tribunal
Part 7Register and Registrar
Register of Social Workers
121 Register of social workers
122 Register to be maintained in parts
123 Information to be registered
124 Certificates of registered information
125 Social workers to notify changes of address
126 Changes of name
127 Social worker may ask for registration to be cancelled
128 Entry to be cancelled on death of social worker
129 Revision of Register
130 Restoration of entries
131 Cancellation of registration of overseas qualified person for non-residence in New Zealand
132 Cancellation of registration on Board's direction
133 Removal of qualifications, or cancellation of registration, overseas
134 Cancellation or suspension not to affect existing liabilities
135 Board to publish Register
136 Inspection of Register
Registrar
137 Board to appoint Registrar
138 Registrar to carry out Board's decisions and comply with directions of Board and Tribunal
139 Registrar may refuse to act if fine or costs outstanding, or fee not paid
140 Notice of restrictions or conditions imposed on registration or practising certificate
Part 8Miscellaneous, transitional, and consequential provisions
Miscellaneous provisions
141 Certificate of Registrar to be evidence
142 Board may withhold information in certain circumstances
143 Immunity of members and legal advisers of complaints assessment committees and other from civil liability to third parties
144 Proceedings not invalid because of defect in appointment
145 Notice and service of documents
146 Publication of orders
147 Regulations
148 Offences
Consequential amendments
149 Consequential amendments
Schedule 1Provisions applying to Social Workers Registration Board
Schedule 2Provisions applying to Social Workers Complaints and Disciplinary Tribunal
Schedule 3Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: