(1) Sections 6 to 149 and the schedules come into force on a date appointed by the Governor-General by Order in Council; and—

• (a) different dates may be appointed for different provisions; but

• (b) the date appointed for any of sections 97 to 113 or for Schedule 1 must be no later than the day 12 months after the date on which this Act receives the Royal assent.

(2) The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Section 2(1): sections 97 to 113, 137, 141 to 149, Schedule 1, and Schedule 3 (except for the provision relating to the Health and Disability Commissioner Act 1994) brought into force, on 1 November 2003, by the Social Workers Registration Act Commencement Order 2003 (SR 2003/250).

Section 2(1): so much of the Act as not in force immediately before the close of 30 September 2004 brought into force, on 1 October 2004, by the Social Workers Registration Act Commencement Order 2003 (SR 2003/250).

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—

  • (i) establish a board to register social workers, and provide for its powers; and

  • (ii) establish a tribunal to consider complaints about registered social workers; and

• (c) to provide for the Board to promote the benefits of registration of social workers—

  • (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 social work; and

• (d) to enhance the professionalism of social workers.

In this Act, unless the context otherwise requires,—

Section 4 medical practitioner: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

This Act binds the Crown.

A person who has a recognised New Zealand qualification is entitled to be registered if the Board is satisfied—

• (a) that his or her competence to practise social work has been found satisfactory under Part 3; and

• (b) that he or she is a fit and proper person to practise social work; and

• (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 social work with Māori; and

  • (ii) is competent to practise social work with different ethnic and cultural groups in New Zealand; and

• (d) that he or she has enough practical experience in practising social work.

A person who does not have a recognised New Zealand qualification is entitled to be registered if the Board is satisfied that—

• (a) he or she has an overseas qualification equivalent to a recognised New Zealand qualification (except to the extent that it may not include a component whose satisfactory completion ensures that its holder—

  • (i) is competent to practise social work with Māori; and

  • (ii) is competent to practise social work with different ethnic and cultural groups in New Zealand); and

• (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 social work with Māori; and

  • (ii) is competent to practise social work with different ethnic and cultural groups in New Zealand; and

• (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 social work; and

• (f) his or her competence to practise social work has been found satisfactory under Part 3; and

• (g) he or she is a fit and proper person to practise social work; and

• (h) he or she intends to live and practise social work in New Zealand.

(1) An application for registration must be made to the Registrar on a form provided by the Board.

(2) The application must be accompanied by—

• (a) the application fee (if any) set by the Board; and

• (b) any evidence of the matters referred to in section 6 or section 7 the Board requires.

(3) The application may be accompanied by any other material relating to the matters referred to in section 6 or section 7 the applicant wishes.

(4) Promptly after receiving a valid application for registration, the Registrar must give it to the Board.

(5) Sections 84(4) and 139(1) override subsection (4).

Promptly after receiving a valid application for registration from the Registrar, the Board must consider it, and decide—

• (a) whether the applicant should be registered; and

• (b) if it decides that the applicant should be registered,—

  • (i) whether he or she should be registered fully, provisionally, or temporarily; and

  • (ii) whether he or she should be registered without restrictions or conditions, or subject to restrictions or conditions (or both).

(1) A person registered provisionally—

• (a) must always be registered subject to conditions appropriate to his or her circumstances; and

• (b) may also be registered subject to restrictions.

(2) The duration of any period of provisional registration of a person to whom section 14(2) applies (or of any period for which the provisional registration of such a person is renewed) must be such that, when it is added to the duration of any previous period or periods of provisional registration of the person, the total is no more than 8 years.

(3) The duration of any period of provisional registration of a person to whom section 14(2) does not apply (or of any period for which the provisional registration of such a person is renewed)—

• (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.

(1) A person registered temporarily—

• (a) must always be registered subject to restrictions relating to the institution or place where he or she intends to practise social work; and

• (b) may also be registered subject to conditions, other restrictions, or both.

(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.

The Board must decide that the applicant should be registered fully if, and only if, he or she meets the criteria in section 6 or section 7.

(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 social work in New Zealand is enough to compensate for the lack of such a qualification; and

  • (ii) his or her competence to practise social work has been found satisfactory under Part 3; and

  • (iii) he or she is a fit and proper person to practise social work; and

  • (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 social work in New Zealand is enough to compensate for not having completed such a course) he or she—

    • (A) is competent to practise social work with Māori; and

    • (B) is competent to practise social work with different ethnic and cultural groups in New Zealand.

(2) Subsection (1) overrides section 12.

(1) The Board must decide that the applicant should be registered provisionally if, and only if, satisfied—

• (a) that the applicant's competence to practise social work has been found satisfactory under Part 3; and

• (b) that he or she is a fit and proper person to practise social work, meets some of the other criteria in section 6 or section 7, and—

  • (i) is in the process of working towards meeting the rest of them; or

  • (ii) if in the Board's opinion subsection (2) applies to him or her, intends to work towards meeting the rest of them within a time frame set by the Board; and

• (c) in the case of an applicant who has previously held a provisional certificate of registration, that he or she—

  • (i) has already made satisfactory progress in working towards meeting all the criteria in section 6 or section 7; or

  • (ii) has good reasons for not having made satisfactory progress in doing so.

(2) This subsection applies to an applicant for registration if—

• (a) he or she applied for registration within 3 months after the commencement of this section; and

• (b) immediately before that commencement, he or she was practising social work, in any occupation or profession, in New Zealand.

(3) The Board may consult an applicant's employer before setting a time frame under subsection (1)(b)(ii).

The Board must decide that the applicant should be registered temporarily if, and only if, satisfied that he or she—

• (a) is a fit and proper person to practise social work; and

• (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 social work at a particular institution or place in New Zealand; and

• (d) has enough knowledge and practical experience of social work to practise social work at the institution or place.

(1) If the Tribunal has under section 84(1)(b) imposed conditions that a person must meet before being re-registered, the Board must not decide that the person should be registered unless satisfied that he or she has met the conditions.

(2) Subsection (1) overrides sections 6, 7, and 12 to 15.

(1) If the Board decides that the applicant should be registered subject to restrictions, it must state—

• (a) the restrictions; and

• (b) its reasons for imposing them.

(2) If the Board decides that the applicant should be registered subject to conditions, it must state—

• (a) the conditions; and

• (b) the time within which each of them must be met; and

• (c) its reasons for imposing them.

(3) If the Board decides that the applicant's registration should be provisional or temporary, it must state—

• (a) its reasons; and

• (b) the duration of the registration.

(4) If the Board decides that the applicant should not be registered, it must state its reasons.

Promptly after the Board has decided that a person should be registered, the Registrar must register him or her, and give him or her written notice stating that he or she has been registered, and—

• (a) any restrictions or conditions to which his or her registration is subject; and

• (b) in the case of conditions, the time within which each of them must be satisfied; and

• (c) the Board's reasons for imposing the restrictions or conditions; and

• (d) if his or her registration is provisional or temporary,—

  • (i) the fact that it is provisional or temporary; and

  • (ii) its duration; and

  • (iii) the Board's reasons for directing provisional or temporary registration.

Promptly after the Board has decided that a person should not be registered, the Registrar must give him or her written notice stating—

• (a) that the Board has decided that he or she should not be registered; and

• (b) the Board's reasons for its decision.

(1) The Registrar must give a certificate of registration to any registered social worker (other than a registered social worker whose registration is suspended) who asks for one, and pays the fee (if any) set by the Board.

(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.

(1) The cancellation or suspension of a registered social worker's registration cancels any certificate of registration he or she holds.

(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 restrictions or conditions (or varied restrictions or conditions) have been placed on his or her registration; and

  • (ii) a new certificate of registration containing the appropriate restrictions or conditions.

(1) A registered social worker with limited registration may give the Board a written application to renew that registration.

(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 registered social worker whose registration is suspended.

(4) Subsection (2) is subject to subsection (3), and to sections 10(2) and 139(1).

(1) The Board must not direct the renewal of provisional registration unless satisfied,—

• (a) in the case of an applicant to whom section 14(2) applies, that he or she—

  • (i) still intends to work towards meeting the criteria in section 6 or section 7 within the time frame originally set by the Board; or

  • (ii) still intends to work towards meeting the criteria in section 6 or section 7, but within a time frame longer than that originally set by the Board, and has good reasons for needing the longer time frame; and

• (b) in any other case, that the applicant is still in the process of working towards meeting the criteria in section 6 or section 7, and—

  • (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.

The Board may at any time, in its absolute discretion, cancel a registered social worker's limited registration; and in that case the Registrar must make reasonable efforts to give the holder written notice, signed and dated by the Registrar,—

• (a) that the registration has been cancelled; and

• (b) of the reasons for the cancellation; and

• (c) that the holder is required by section 21(2)(a) to surrender his or her certificate of registration.

No registered social worker may be employed or engaged as a social worker unless he or she holds a current practising certificate.

(1) A registered social worker may apply to the Registrar for a practising certificate.

(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.

(1) If an application for a practising certificate complies with section 26 and subsection (3) does not apply to the applicant, the applicant must be treated as holding a practising certificate between the time the Registrar receives the application and the earlier of—

• (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 but subsection (3) applies to the applicant, the applicant does not hold a practising certificate until the Registrar issues one to him or her.

(3) This subsection applies to an applicant for a practising certificate if—

• (a) he or she is a registered social worker whose registration is suspended; or

• (b) he or she has not completed a competence assessment within the previous 5 years; or

• (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.

(1) On receiving an application that complies with section 26, the Registrar must issue a practising certificate to the applicant.

(2) Sections 30 and 139 override subsection (1).

(1) The Board may adopt conditions subject to which all practising certificates, or the practising certificates of all registered social workers of a particular description, must be issued.

(2) Conditions may relate to—

• (a) working under supervision; or

• (b) continuing professional development.

(3) Subsection (2) does not limit the generality of subsection (1).

(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 social work as a profession at any time within the 3 years immediately before the date of the application; or

  • (iii) is not a fit and proper person to practise social work.

(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.

(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) The Registrar must refuse to issue a practising certificate if the applicant has not completed a competence assessment within the previous 5 years.

Promptly after the Registrar refers an application for a practising certificate to the Board, the Board must consider it in the light of the requirements of section 33, and either—

• (a) direct the Registrar to issue a practising certificate to the applicant without particular conditions; or

• (b) decide to consider whether to direct the Registrar to—

  • (i) issue a practising certificate to the applicant subject to particular conditions; or

  • (ii) refuse to issue a practising certificate to the applicant.

(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 subject to particular conditions; or

• (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 subject to particular conditions, or to direct the Registrar to refuse to issue a practising certificate; and

  • (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 information on which the Board is relying.

(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).

(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 restrictions or particular conditions, if it is satisfied that the applicant is competent to practise as a social worker in accordance with his or her registration without restrictions or particular conditions:

• (b) the Board must direct the Registrar to issue a practising certificate to the applicant subject to restrictions or particular conditions (or both), if it is satisfied that the applicant is competent to practise as a social worker in accordance with his or her registration only subject to those restrictions or conditions:

• (c) in any other case, the Board must direct the Registrar—

  • (i) to refuse to issue a practising certificate to the applicant until he or she has met conditions stated by the Board (and must also direct the Registrar to issue any practising certificate to the applicant subject to particular conditions), if it is satisfied that the applicant will be competent to practise as a social worker in accordance with his or her registration only subject to those conditions; or

  • (ii) to refuse to issue a practising certificate to the applicant at all.

(2) If the Board gives a direction under subsection (1)(c),—

• (a) the direction must state the Board's reasons; and

• (b) the Registrar must give the applicant notice of the direction and reasons.

(3) 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; and

• (b) if the conditions stated by the Board are later met, the Registrar may issue a practising certificate to the applicant and cancel the interim practising certificate.

(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 the holder of a practising certificate ceases to be a registered social worker, the certificate is cancelled.

(1) If a practising certificate relates to a person whose registration is subject to restrictions or conditions, the Registrar—

• (a) must note the conditions on it; or

• (b) must—

  • (i) note on it that the person's registration is subject to the restrictions or conditions (or both) stated in the notice attached to it; and

  • (ii) attach to it a notice stating all the restrictions and conditions.

(2) If a practising certificate is subject to restrictions or conditions, the Registrar—

• (a) must note the restrictions or conditions on it; or

• (b) must—

  • (i) note on it that it is subject to the restrictions or conditions (or both) stated in the notice attached to it; and

  • (ii) attach to it a notice stating all the restrictions and conditions.

(1) This subsection applies to a practising certificate if—

• (a) it is cancelled or suspended; or

• (b) it is required for endorsement under Part 3; or

• (c) its holder's registration is—

  • (i) cancelled under any of sections 24, 83(1)(a)(i), 127, 128, 129, 131, 132, and 133(6)(b)(ii); or

  • (ii) suspended under any of sections 45(1)(b)(ii), 49(2)(b), 54, 57(2)(b)(ii), 77(1)(a), 83(1)(a)(i), and 133(6)(b)(i).

(2) If subsection (1) applies to the holder of a practising certificate, he or she (or, in the case of a holder who has died, his or her personal representative) must deliver it to the Registrar within 14 days of receiving from the Registrar notice of the cancellation, suspension, or requirement for endorsement.

(1) An interim practising certificate—

• (a) may only be issued pursuant to a direction under section 33(3)(a); and

• (b) may be issued subject to any conditions the Board thinks fit.

(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 receives the notice.

(1) At any time, the Board must find a person's competence to practise social work satisfactory for the purposes of this Act if, and only if,—

• (a) either—

  • (i) he or she has completed a competence assessment expressly required by the Board for the purpose of determining whether his or her competence to practise social work is satisfactory for the purposes of this Act; or

  • (ii) if the Board does not expressly require him or her to complete a competence assessment for the purpose of determining whether his or her competence to practise social work is satisfactory for the purposes of this Act, he or she has completed a competence assessment within the previous 5 years; 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 social work in accordance with his or her registration (or proposed registration); and

  • (ii) meets the professional standards reasonably to be expected of a registered 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).

(3) Subsection (1) does not prevent the Board, when reviewing under section 39 a person's competence to practise social work, from concluding, without the person's having completed a competence assessment, that it has no reason to believe that his or her competence may be unsatisfactory.

(1) The Board may at any time review a registered social worker's competence to practise social work.

(2) Promptly after being notified of a determination under section 71(1)(a) that the Board should review a registered social worker's competence to practise social work, the Board must review his or her competence to practise social work.

(1) When reviewing a registered social worker's competence to practise social work, the Board must—

• (a) give the social worker written notice—

  • (i) stating why his or her competence to practise social work is being reviewed; and

  • (ii) describing any information relating to his or her competence to practise social work it has in its possession; and

  • (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) of Schedule 1, the review may be conducted as the Board thinks fit.

(1) If, after reviewing a registered social worker's competence to practise social work, the Board is satisfied that he or she should complete a competence assessment, it may direct the Registrar to arrange for the social worker to complete a competence assessment.

(2) The Board may also direct the Registrar to place conditions on his or her registration, practising certificate, or both.

(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 receives the copy, or on any later date stated in it.

(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 social work in accordance with their registration (or proposed registration); and

• (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—

• (a) may apply to all social work; or

• (b) may apply only to social work of a stated description; or

• (c) may apply to all social work other than social work of a stated description.

(5) Within 20 working days after the Board sets a competence assessment, the Registrar must publish in daily newspapers circulating in Auckland, Wellington, Christchurch, and Dunedin notice of—

• (a) its setting and application; and

• (b) details of where copies may be obtained.

The Board must take all practicable steps to ensure that copies of all competence assessments in force are available at its offices during ordinary business hours, both—

• (a) for purchase at a reasonable price; and

• (b) for inspection free of charge.

(1) A registered social worker who wishes to retain his or her practising certificate must complete a competence assessment at a time during the period between—

• (a) the day 4 years and 9 months after the social worker last completed a competence assessment; and

• (b) the day 5 years and 3 months after the social worker last completed a competence assessment.

(2) The Registrar must arrange competence assessments, at times and places (determined by the Registrar) that are reasonable in all the circumstances, to enable registered social workers who hold practising certificates to comply with subsection (1).

(3) The Registrar must take all reasonably practicable steps to inform every registered social worker who holds a practising certificate and has not completed a competence assessment within the previous 4 years and 6 months of—

• (a) the requirements of subsection (1); and

• (b) the times and places determined.

(4) If a social worker satisfies the Registrar that the times and places determined are not suitable for the social worker, the Registrar must take all reasonably practicable steps to arrange a competence assessment at a time and place that is suitable for the social worker.

(1) If a registered social worker fails a competence assessment, or fails or refuses to complete a competence assessment,—

• (a) the Registrar must notify the Board; and

• (b) the Board may direct the Registrar to—

  • (i) make the social worker's registration or practising certificate, or both, subject to conditions stated by the Board; 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 registered social worker concerned—

• (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 information on which the Board is relying in proposing to give the direction.

(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).

(1) A person who, for the purposes of a competence assessment, examines any records made or kept by the person being assessed (the subject) must not disclose any information about an identifiable individual other than the subject (the other person) obtained from the records, except—

• (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 1993.

(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.

(1) The Board may find a person (the subject) is not a fit and proper person to practise social work if, and only if, it is satisfied that there are grounds on which a reasonable person would conclude that the subject is not a fit and proper person to practise social work.

(2) For the purposes of subsection (1), the Board may be satisfied that there are grounds on which a reasonable person would conclude that the subject is not a fit and proper person to practise social work if—

• (a) the subject has been convicted, in New Zealand or overseas, of an offence punishable by imprisonment for 3 months or more, and the Board is satisfied that the nature and circumstances of the offence reflect adversely on his or her fitness to practise social work; or

• (b) the Board is satisfied that the subject is unable to perform adequately the functions required to practise social work satisfactorily; or

• (c) the Board is satisfied on reasonable grounds that the subject is not of good character and reputation.

(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 social work if it is satisfied—

• (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 social work.

The Board must consider whether a person is a fit and proper person to practise social work—

• (a) promptly after receiving from the Registrar a valid application for registration made by the person; and

• (b) promptly after being notified of a determination under section 71(1)(a) that the Board should review his or her fitness.

(1) This section applies to a registered social worker if, after being notified of a determination under section 71(1)(a) that the Board should review his or her fitness, the Board—

• (a) has considered whether he or she is a fit and proper person to practise social work; and

• (b) determines that he or she may not be a fit and proper person to practise social work.

(2) If this section applies to a registered social worker, the Board may—

• (a) make a complaint against the social worker under section 59; or

• (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 registered social worker concerned—

• (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 information on which the Board is relying in proposing to give the direction.

(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 social work.

(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.

(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).

In order to help determine whether a person is a fit and proper person to practise social work for the purposes of this Act, the Board must—

• (a) ask the New Zealand Police to check if he or she has any criminal convictions; and

• (b) consider any criminal convictions (whether in New Zealand or overseas) disclosed to the Board by the New Zealand Police, or otherwise known to the Board.

(1) Any person who considers that a registered social worker may be unable to perform adequately the functions required to practise social work satisfactorily may give the Registrar notice of the circumstances.

(2) No civil, criminal, or disciplinary proceedings may be taken against a person who, believing that a registered social worker may be unable to perform adequately the functions required to practise social work satisfactorily, has given the Registrar notice of the circumstances, unless the person has acted in bad faith.

(3) Subsection (2) applies even if the notice contains information relating to a person other than the registered social worker.

(1) A person who is considering notifying the Registrar under section 51 may seek any medical advice, whether psychiatric or otherwise, he or she thinks appropriate to help him or her form an opinion.

(2) A notice under section 51 must state any medical advice obtained.

When the Registrar receives a notice under 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.

(1) The chairperson of the Board may give the Registrar a direction to suspend the registration of a registered social worker 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, if the chairperson—

• (a) considers (whether or not as a result of a notice under section 51) that the social worker may be unable to perform adequately the functions required to practise social work satisfactorily; and

• (b) after consulting with 2 other members of the Board (of whom at least 1 must be a registered social worker), is satisfied that it is desirable to do so, having regard to the need to protect the health and safety of members of the public.

(2) The chairperson does not have to give the social worker notice that the chairperson intends to give the direction.

(3) The direction must—

• (a) be in writing; and

• (b) state why it has been given; and

• (c) state that the social worker may respond to the direction; and

• (d) be signed by the chairperson.

(4) 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.

(5) The suspension does not take effect until the social worker is given a copy the direction.

(6) The deputy or other acting chairperson may act under this section, section 53, or section 57 if there is no chairperson of the Board or the chairperson is unavailable.

(1) If (whether or not as a result of a notice under section 51) the Board considers that a registered social worker may be unable to perform adequately the functions required to practise social work satisfactorily, it may give him or her written notice requiring him or her to submit himself or herself for examination by a medical practitioner chosen by the Board.

(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.

(1) The Board must give a medical practitioner who undertakes an examination under section 55 notice of—

• (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 social work satisfactorily).

(4) Promptly after receiving the report, the Registrar must—

• (a) put it before the Board; and

• (b) send a copy to the social worker.

(1) Subsection (2) applies if a registered social worker has been given a notice under section 55, and—

• (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 the social worker's registration or practising certificate, or both, subject to conditions stated by the Board; or

  • (ii) suspend the social worker's registration or practising certificate.

(3) The Board must not give a direction unless—

• (a) it is satisfied that—

  • (i) the social worker is unable to perform adequately the functions required to practise social work satisfactorily; and

  • (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 social work satisfactorily, because he or she did not submit himself or herself for examination as required by the notice concerned.

(4) The direction must—

• (a) be in writing; and

• (b) state why it has been given; and

• (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; or

• (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).

(1) The Board may give the Registrar a direction to revoke a suspension imposed under section 54 or section 57 if it is satisfied that the social worker concerned—

• (a) was in fact able to practise social work satisfactorily; or

• (b) is again able to practise social work satisfactorily.

(2) The Board may give the Registrar a direction to revoke any conditions imposed under section 57 if it is satisfied that they are no longer necessary.

(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.

(1) Any person may make a complaint against a registered 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).

The Registrar must notify the chairperson of the Tribunal in writing of a complaint under section 59(1)(b).

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).

The Health and Disability Commissioner may notify the chairperson of the Tribunal in writing of a complaint about the provision of health services or disability services received under Part 4 of that Act that is made against or directly involves a registered social worker.

The registrar of a court in New Zealand in which a person whom the registrar knows is a registered social worker is convicted of an offence punishable by imprisonment for a term of 3 months or longer must send a notice of the conviction to the chairperson of the Tribunal, unless the court expressly orders otherwise.

(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 chairperson of the Tribunal in writing—

  • (i) that the complaint is not to be investigated, or investigated further, under the Health and Disability Commissioner Act 1994; or

  • (ii) that the complaint has been resolved; or

  • (iii) that the complaint has been investigated under the Health and Disability Commissioner Act 1994 and the complaint is not to be referred to the Director of Proceedings under section 45(2)(f) of that Act; or

• (b) the Director of Proceedings notifies the chairperson of the Tribunal in writing that the Director of Proceedings has decided under section 49 of the Health and Disability Commissioner Act 1994 not to lay a charge under this Act in relation to the complaint.

(2) Subsection (1) overrides section 65.

(1) As soon as is reasonably practicable after being notified of a complaint, the chairperson of the Tribunal must refer it to a complaints assessment committee, unless—

• (a) the chairperson 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 Tribunal and the Commissioner both have jurisdiction); or

• (b) the chairperson is satisfied that it does not need to be pursued (in any other case).

(2) The chairperson of the Tribunal must refer a notice of conviction given under section 63 to a complaints assessment committee as soon as is reasonably practicable after receiving it.

(3) As soon as is reasonably practicable after the chairperson of the Tribunal has decided whether to refer a complaint to a complaints assessment committee, the Registrar must give the social worker concerned written notice of—

• (a) the chairperson's decision; and

• (b) particulars of the complaint.

(1) The chairperson of the Tribunal—

• (a) may from time to time appoint, in relation to a particular case or cases of a particular class, 2 registered social workers and 1 person who is not a registered social worker to be a complaints assessment committee; and

• (b) may at any time dissolve or reconstitute a complaints assessment committee.

(2) Before appointing, dissolving, or reconstituting a complaints assessment committee, the chairperson of the Tribunal must consult with at least 3 members of the Board (including at least 1 member who is not a registered social worker).

(3) In appointing or reconstituting a complaints assessment committee, the chairperson of the Tribunal must have regard to—

• (a) the desirability of the committee's including members with knowledge and expertise relevant to the complaint or conviction concerned; and

• (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 complaints assessment committee.

(5) The chairperson must appoint 1 of the members of each complaints assessment committee to preside at its meetings.

(1) A complaints assessment committee may regulate its procedure as it thinks fit.

(2) Subsection (1) is subject to—

• (a) the rules of natural justice; and

• (b) this Act; and

• (c) any regulations made under this Act.

A complaints assessment committee may appoint a legal adviser, who—

• (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.

As soon as is practicable after a complaint about, or a notice of conviction of, a registered social worker is referred to a complaints assessment committee, the chairperson of the Tribunal must ensure—

• (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 complaints assessment committee that is to consider it; and

• (b) in the case of a complaint, that the complainant is given written notice of the intended membership of the complaints assessment committee that is to consider it.

(1) Within 10 working days after being informed of the intended membership of the complaints assessment committee that is to consider a complaint about, or conviction of, a registered social worker, the social worker or, in the case of a complaint, the complainant may give the chairperson of the Tribunal notice—

• (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 chairperson—

• (a) must consider the request; and

• (b) may reconstitute the committee.

(1) As soon as is reasonably practicable after a complaint or notice of conviction is referred to a complaints assessment committee, it must determine whether—

• (a) the Board should review the competence or fitness of the registered social worker concerned to practise social work (or both); or

• (b) in the case of a complaint, the committee should submit it to conciliation; 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.

(1) This subsection applies to a determination by a complaints assessment committee that—

• (a) the Board should review the competence or fitness of a registered social worker to practise as a social worker; or

• (b) the committee should submit a complaint to conciliation.

(2) If it makes a determination to which subsection (1) applies, a complaints assessment committee must give written notice of the determination, and the reasons for it, to—

• (a) the Registrar; and

• (b) the social worker; and

• (c) in the case of a complaint, the complainant.

(3) If it makes a determination to submit a complaint or conviction to the Tribunal, a complaints assessment committee must—

• (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) of a determination to which subsection (1)(a) applies, the Registrar must promptly put the notice before the Board.

(1) If a complaints assessment committee has decided that it should submit a complaint to conciliation, it must try to help the registered social worker and complainant concerned to resolve the complaint by agreement.

(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.

A complaints assessment committee that lays a charge before the Tribunal may recommend to the Tribunal that, pending the determination of the charge,—

• (a) the registration of the social worker concerned be suspended under section 77; or

• (b) restrictions be imposed on the practice of social work by that social worker under section 77.

(1) A charge against a registered social worker may be laid before the Tribunal—

• (a) by the Director of Proceedings under the Health and Disability Commissioner Act 1994 if,—

  • (i) after conducting an investigation under Part 4 of that Act, the Health and Disability Commissioner notifies the Tribunal of a complaint involving the provision of health and disability services by the social worker; and

  • (ii) under section 49 of that Act, the Director of Proceedings decides that proceedings should be taken against the social worker under this Part; or

• (b) by a complaints assessment committee under this Part.

(2) The charge must contain—

• (a) a statement to the effect that the Director of Proceedings or complaints assessment committee has reason to believe that grounds exist entitling the Tribunal to exercise its powers under this Part; and

• (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 complaints assessment committee, it must be prosecuted at the hearing by that committee.

(6) The Director of Proceedings or a complaints assessment committee may be represented, by counsel or otherwise, in prosecuting the charge.

(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.

(1) Before convening a hearing of the Tribunal to consider a charge against a registered social worker, the chairperson of the Tribunal must give the social worker written notice—

• (a) stating that the Director of Proceedings or a complaints assessment committee (as the case may be) has reason to believe that grounds exist entitling the Tribunal to exercise its powers under this Part; and

• (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.

(1) At any time after a notice has been given to a registered social worker under section 76(1), the Tribunal may, if it is satisfied that it is necessary or desirable to do so having regard to the need to protect the health or safety of members of the public, direct that, until the charge to which that notice related has been disposed of,—

• (a) the registration of that social worker be suspended; or

• (b) that social worker may practise as a social worker only in accordance with restrictions stated in the order.

(2) The Tribunal may make an order under this section on the recommendation of the Director of Proceedings or a complaints assessment committee, or of its own motion.

(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.

(1) A registered social worker may at any time apply to the Tribunal for the revocation of a direction under 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 restrictions imposed under section 77(1)(b), amend or replace the restrictions.

(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) of its own motion.

(6) The Tribunal's decision takes effect immediately.

(1) Except as provided in this section and in section 80, every hearing of the Tribunal must be held in public.

(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.

(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 that does not contain information identifying, or capable of identifying, an individual; or

• (b) the publication of the effect of any order.

(1) This section applies to evidence to be given by a witness at a hearing by the Tribunal that—

• (a) relates to or involves a sexual matter; or

• (b) 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 wishes to give the evidence in private, the presiding officer must—

• (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 wishes to give the evidence in private, only the following people may be present in the room while the witness is giving the evidence:

• (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) If it thinks that the interests of the witness require it to do so, the Tribunal may make an order under section 79(2)(b) forbidding publication of any report or account of any part of the evidence relating to acts—

• (a) that are alleged to have been performed on or in respect of the witness; or

• (b) that the witness is alleged to have been compelled or induced to perform.

(7) This section does not limit or affect section 79.

(1) Any person may apply to the Tribunal that made an order under section 79 for the revocation of the order.

(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.

(1) The Tribunal may make an order under section 83 in respect of a registered social worker if, after conducting a hearing on a charge laid against the social worker, it is satisfied that the 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; or

• (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; or

• (d) has failed to comply with restrictions on his or her registration, or restrictions stated under section 77(1)(b).

(2) A registered social worker is guilty of professional misconduct if he or she—

• (a) breaches the code of conduct; or

• (b) while employed or engaged as a social worker, claims or holds himself or herself out to be registered while not holding a current practising certificate.

(3) The Tribunal must not make an order under section 83 in respect of an offence for which a registered social worker was convicted if, when the Board decided he or she should be registered, it was—

• (a) aware of the conviction; and

• (b) adequately informed of the circumstances of the offence.

(4) A registered social worker is not guilty of a disciplinary offence just because he or she has practised honestly and in good faith a theory of social work that is not in conflict with the code of conduct.

(1) If satisfied of any matter referred to in section 82(1), the Tribunal may make any or all of the following orders:

• (a) an order that—

  • (i) the registration of the registered social worker concerned be cancelled, or suspended for a period of not more than 12 months; or

  • (ii) for a period of not more than 3 years, he or she may practise as a social worker only in accordance with stated restrictions (as to employment, supervision, or otherwise):

• (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:

• (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 in relation to the subject matter of any charge concerned:

  • (ii) any inquiry made by a complaints assessment committee in relation to the subject matter of any charge concerned:

  • (iii) the prosecution of any charge concerned by the Director of Proceedings or complaints assessment committee:

  • (iv) the hearing concerned.

(2) The Tribunal must not make an order that the social worker's registration be cancelled unless it finds him or her guilty of gross or severe professional misconduct.

(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 of the Health and Disability Commissioner Act 1994 in respect of the conduct concerned, when determining—

• (a) whether to make an order that he or she pay a fine; or

• (b) the amount of any fine.

(1) When making an order that the registration of a registered social worker be cancelled, the Tribunal may do either or both of the following things:

• (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 of (c) 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).

(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, or any later date specified in it.

(1) The Board—

• (a) must pay—

  • (i) all the costs of the Tribunal; and

  • (ii) all the costs of every complaints assessment committee; and

  • (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) to reimburse itself for its payments.

(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.

(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) are recoverable by the Health and Disability Commissioner as a debt due to the Health and Disability Commissioner.

(2) All other fines, costs, and expenses ordered to be paid under section 83(1) are recoverable by the Board as a debt due to the Board.

(1) A person may appeal to a District Court against any decision or direction of the Board under this Act that adversely affects him or her (not being a decision or direction affecting a person only because he or she is a person of a particular kind or description).

(2) A person may appeal to a District Court against the whole or any part of a decision or order made in relation to him or her under Part 4 (other than a determination of a complaints assessment 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; and

• (c) a decision or order made in relation to a charge laid by the Director of Proceedings or a complaints assessment committee is made in relation to the Director of Proceedings or a complaints assessment committee (as well as any other person).

(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.

When notifying a person under this Act of any decision or order against which section 88 gives him or her a right of appeal, the Registrar must also notify him or her in writing of the right of appeal, and the time within which an appeal must be lodged.

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.

(1) An appeal under this Part must be heard as soon as is reasonably practicable after it is lodged.

(2) On hearing the appeal, a 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.

(1) A District Court's decision on an appeal under this Part is final.

(2) Subsection (1) is subject to section 96.

(1) Instead of determining an appeal under this Part, a District Court may direct the person or body whose decision or order is appealed against to reconsider, either generally or in respect of any specified aspect, the whole or any part of it.

(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.

On any appeal under this Part, a District Court may order the person or body whose decision or order is appealed against, or the appellant, to pay the costs incurred in respect of the appeal by the other party to the appeal.

(1) On any appeal under this Part, a District Court may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a registered social worker or any other person.

(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.

(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 4 of the Summary Proceedings Act 1957 (together with the other provisions of that Act that are applied in that Part) applies to the appeal—

• (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).

(1) This section establishes the Social Workers Registration Board.

(2) The Board is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3) The Crown Entities Act 2004 applies to the Board except to the extent that this Act expressly provides otherwise.

(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 all practising certificates, or the practising certificates of all registered social workers of a particular description, must be issued:

• (e) to consider applications for practising certificates referred to it by the Registrar:

• (f) to recognise New Zealand educational qualifications for the purposes of this Act:

• (g) to review the competence of social workers:

• (h) to establish and maintain a code of conduct for registered 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) to appoint the members of the Tribunal:

• (n) to promote and encourage high standards of practice and professional conduct among registered social workers and the employers of social workers:

• (o) to consider the cases of registered social workers who may be unable to perform adequately the functions required to practise social work satisfactorily:

• (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) registered 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.

(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.

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.

The Minister may not give a direction under section 103 of the Crown Entities Act 2004 relating to the registration of social workers.

(1) As soon as is practicable after the expiry of the period of 3 years beginning on the commencement of section 99, and then at intervals of not more than 5 years, the Board must—

• (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—

  • (i) the extent to which this Act, and the system of voluntary registration it provides for, are achieving the purposes stated in paragraphs (a) and (d) of section 3; and

  • (ii) 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.

(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 registered social workers; and

• (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.

(1) The Board comprises—

• (a) 6 registered social workers (not being registered social workers whose registration is suspended); and

• (b) 4 other people.

(2) Before the transition day, the references in subsection (1)(a) and clause 37 of Schedule 1 to registered social workers must be read as references to people engaged or employed as a social worker.

(3) Members of the Board are the board for the purposes of the Crown Entities Act 2004.

In addition to the information required by section 151 of the Crown Entities Act 2004, the annual report of the Board under section 150 of that Act must include a report on any other matters affecting the social work profession that the Board thinks fit.

(1) The Board may from time to time, by notice in the Gazette, set fees payable in respect of the following matters:

• (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 registered social worker any document, other than a certificate of registration, required by him or her for the purpose of seeking registration overseas:

• (i) sitting any examination set or approved by the Board:

• (j) the conduct of competence assessments:

• (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.

(1) The Board may from time to time, by notice in the Gazette, impose on every registered social worker a levy of any amount it thinks fit for the purpose of investigations and other proceedings concerning discipline under this Act.

(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.

(1) The Board may at any time, by notice in the Gazette, amend or revoke any notice published under section 108 or section 109.

(2) Every notice published under section 108, section 109, or this section comes into force on a day stated in it, being a day at least 28 days after the date of publication of the notice.

(3) Every notice published under section 108, section 109, or this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.

(4) Every fee set under section 108 and every levy imposed under section 109 is payable to the Board, and recoverable by the Board as a debt due to the Board.

(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.

The provisions set out in Schedule 1 apply to the Board.

This section establishes the Social Workers Complaints and Disciplinary Tribunal.

The Tribunal's functions are—

• (a) to administer the complaints process concerning registered social workers established by this Act; and

• (b) to exercise the disciplinary powers over registered social workers conferred by this Act; and

• (c) any other functions conferred or imposed on it by or under this Act or any other enactment.

(1) The Tribunal comprises—

• (a) the following members appointed by the Board:

  • (i) a chairperson and 1 or more deputy chairpersons; and

  • (ii) at least 1 barrister or solicitor of the High Court of not less than 7 years' practice (whether or not he or she holds or has held judicial office); and

  • (iii) 5 other members; and

• (b) at least 1 lay person appointed by the Minister.

(2) A member of the Board is not eligible to be a member of the Tribunal.

In considering the suitability of any person to be appointed to the Tribunal under section 116(1)(a)(iii), the Board must—

• (a) have regard not only to his or her qualifications but also to his or her knowledge and experience of matters likely to come before the Tribunal; and

• (b) have regard to the need to ensure that the Tribunal has—

  • (i) enough members who are registered social workers (being registered social workers whose registration is not suspended); and

  • (ii) enough members who are not registered social workers; and

• (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.

(1) The Board must remove a person from the Tribunal if—

• (a) he or she is adjudged bankrupt under the Insolvency Act 2006; or

• (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 Board written notice asking to be removed from the Tribunal.

(2) The Board may remove a person from the Tribunal if the chairperson recommends his or her 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.

(1) For the purposes of a particular hearing, the Tribunal comprises,—

• (a) as presiding officer, the chairperson of the Tribunal or (if the chairperson so decides) a deputy chairperson chosen by the chairperson; and

• (b) the member of the Tribunal appointed under section 116(1)(a)(ii) (or, if 2 or more members are appointed, 1 of those members chosen by the chairperson); and

• (c) of the 5 members of the Tribunal appointed under section 116(1)(a)(iii), 2 members chosen by the chairperson; and

• (d) the member of the Tribunal appointed under section 116(1)(b) (or, if 2 or more members are appointed, 1 of those members chosen by the chairperson).

(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.

The provisions set out in Schedule 2 apply to the Tribunal.

The Board must keep a register of social workers.

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.

(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:

• (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) any current conditions subject to which the person is registered:

• (b) any current restrictions subject to which the person is registered:

• (c) if the person's registration is suspended,—

  • (i) the fact that it is suspended; and

  • (ii) any current conditions relating to its suspension:

• (d) any current restrictions imposed under section 77(1)(b) or section 83(1)(a)(ii) on the person's ability to practise as a social worker:

• (e) particulars of all practising certificates issued to the person:

• (f) any particular conditions to which the person's current practising certificate is subject:

• (g) if the person's current practising certificate is suspended,—

  • (i) the fact that it is suspended; and

  • (ii) any current conditions relating to its suspension.

(4) The Registrar must make all amendments to the Register necessary to reflect—

• (a) any changes in the information referred to in subsection (1)(d) or subsection (3):

• (b) any changes notified to the Registrar in any other information referred to in subsection (1).

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.

(1) A registered social worker whose home address is entered in the Register must, within 1 month after starting to live at some other place, give the Registrar written notice of—

• (a) his or her new home address; or

• (b) his or her work address.

(2) A registered social worker whose work address is entered in the Register must, within 1 month after starting to work at some other place, give the Registrar written notice of—

• (a) his or her new work address; or

• (b) his or her home address.

If satisfied that a registered social worker has changed his or her name, or that it is wrongly entered in the Register, the Board must direct the Registrar to correct the entry in the Register relating to the social worker.

(1) On the written application of a registered social worker, the Board may cancel the social worker's registration.

(2) The Board must not cancel a social worker's registration under subsection (1) if disciplinary action against the social worker under this Act has begun or is pending.

(3) The Registrar must make reasonable efforts to give a copy of the direction to the social worker.

(1) Promptly after registering the death of a person who appears to have been a registered social worker, a Registrar (within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995) must give the Registrar written notice of the death, with particulars of its date and place.

(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 registered social worker if it believes on reasonable grounds (other than having received a doctor's certificate) that a registered social worker has died.

(4) The Registrar must make reasonable efforts to give a copy of the direction to the social worker's personal representative.

(5) [Repealed]

(1) The Registrar may at any time, and must if the Board directs, ask whether a registered social worker—

• (a) has stopped practising social work; or

• (b) is living, or intends to continue to live, overseas; or

• (c) for some other reason wishes to have the entry in the Register relating to him or her cancelled.

(2) The Registrar must ask by registered letter addressed to the registered social worker at his or her last known address.

(3) If the registered social worker tells the Registrar in writing that he or she has stopped practising social work, or for some other reason wishes to have his or her registration cancelled, the Board must cancel the social worker's registration.

(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.

(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), or subsection (3) or subsection (4) of 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.

(1) The Board may direct the Registrar to cancel the entry in the Register relating to a registered social worker who is registered by virtue of being entitled to registration under section 7, if it believes on reasonable grounds that he or she—

• (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) This section does not apply to—

• (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 statement of any other information on which the Board is relying; and

  • (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 registered social worker whose entry has been cancelled under this section if—

• (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 social work being found satisfactory under Part 3.

(1) The Board may direct the Registrar to cancel the entry in the Register relating to a registered social worker, and give him or her notice of the cancellation, if it is satisfied that he or she—

• (a) obtained registration by making a false or misleading representation or declaration (whether oral or written); or

• (b) was not entitled to be registered.

(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.

(1) The Board may review the registration of a registered social worker who is registered by virtue of being entitled to registration under section 7, if satisfied that—

• (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 registered social worker is given—

• (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 information in the Board's possession relating to the cancellation, suspension, or removal concerned; and

• (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 registered social worker's registration for any period it thinks fit, and direct the Registrar to note the suspension in the Register; or

  • (ii) direct the Registrar to cancel the entry in the Register relating to the registered social worker.

(7) The Registrar must take all reasonably practicable steps to ensure that the registered social worker is given a copy of any direction under subsection (6).

The cancellation or suspension of a registered social worker's registration does not affect his or her liability for any act or default occurring before the cancellation or suspension.

(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 of registered 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).

(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.

(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 of the Board.

(1) The Registrar must make the appropriate entry in the Register if—

• (a) the Board—

  • (i) cancels or suspends a registered social worker's registration; or

  • (ii) cancels the suspension of a registered social worker's registration; or

  • (iii) imposes conditions or restrictions on a registered social worker's registration; or

  • (iv) cancels or varies any conditions or restrictions imposed on a registered social worker's registration; or

  • (v) imposes conditions or restrictions on a registered social worker's practising certificate; or

  • (vi) cancels or varies any conditions or restrictions imposed on a registered social worker's practising certificate; or

• (b) the Tribunal makes an order that—

  • (i) a registered social worker's registration be cancelled or suspended; or

  • (ii) for a stated period, he or she may practise as a social worker only in accordance with stated restrictions.

(2) If the Board or the chairperson of the Board gives the Registrar a direction under this Act, he or she must promptly comply with it.

(3) Section 139 overrides subsection (2).

(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.

The Board may direct the Registrar to give to any person who employs or engages a registered social worker or practises in association with a registered social worker written notice of any restriction or conditions imposed on his or her registration or practising certificate.

(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 complaints assessment 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.

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.

Section 121(2) of the Crown Entities Act 2004 applies, with any necessary modifications, to a member of a complaints assessment committee and any legal adviser appointed to assist a complaints assessment committee as if he or she were an office holder.

(1) This section applies to a complaints assessment committee, and the Tribunal.

(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.

(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

• (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.

(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 subsection (3) anything in respect of which an order has been made under section 79(2) or section 80(6).

(5) Subsections (2) and (3) are subject to any order of a court.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for either or both of the following purposes:

• (a) regulating the procedure of the Board, the Tribunal, or complaints assessment committees:

• (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.

(1) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000 or both, who, for the purpose of obtaining registration or a practising certificate (for himself or herself or for any other person),—

• (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) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000 or both, who holds himself or herself out as a registered social worker when—

• (a) he or she is not a registered social worker; or

• (b) he or she is a registered social worker, but his or her registration is suspended.

(3) Every registered social worker commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000 or both, who is engaged or employed as a social worker contrary to section 25.

(4) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000 or both, who holds an employee or professional associate out as a registered social worker, knowing that the employee or associate—

• (a) is not a registered social worker; or

• (b) is a registered social worker—

  • (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) Every registered social worker commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000 or both, who—

• (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—

  • (i) a restriction or condition on his or her registration; or

  • (ii) a condition on his or her practising certificate.

The enactments specified in Schedule 3 are amended in the manner indicated in that schedule.