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

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

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The purpose of this Act is—

In this Act, unless the context otherwise requires,—

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

This Act binds the Crown.

The Board must, by notice, describe the social work services that are performed by the social work profession in 1 or more scopes of practice.

A scope of practice and the services described in it may be described as the Board thinks fit, including in 1 or more of the following ways:

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Board must, by notice, prescribe the qualifications for each scope of practice that the Board describes under section 5A.

When prescribing qualifications, the Board must be guided by the following principles:

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Board may at any time, by notice, amend, revoke, or replace a notice under section 5A or 5B.

The amendment, revocation, or replacement of a notice under section 5B does not affect the registration of a social worker who qualified to practise under the notice before it was amended, revoked, or replaced.

Before the Board makes a notice under section 5A or 5B or under this section, it must have consulted the following about its proposal for the contents of the notice:

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A person may use names, words, titles, initials, abbreviations, or descriptions stating or implying that they are a social worker only if they are registered as a social worker under this Act (and their registration is not suspended).

No person may claim to be practising as a social worker, or state or do anything that is calculated to suggest that they practise or are willing to practise as a social worker, unless—

No person may make an express or implied statement about another person that the other person is prohibited by this section from making about themselves.

The prohibitions under this section do not apply to a person who states that they are willing to practise as a social worker for the purpose of seeking employment if the person would, on obtaining employment, be entitled to—

No person may practise as a social worker unless—

Nothing in this section applies to a social worker who performs social work services—

A person who has a prescribed qualification for a scope of practice is entitled to be registered within that scope of practice if the Board is satisfied—

Subsection (1)(a) applies to a person only if the Board has received information about that person and that information raises doubt about their competence to practise as a social worker.

A person who does not have a prescribed qualification for a scope of practice is entitled to be registered within that scope of practice if the Board is satisfied that—

This section applies to every application by—

An application must be made to the Registrar and must—

When the Registrar receives a valid application that complies with this section, the Registrar must promptly submit the application to the Board for its consideration.

However, if any fine imposed on a social worker under section 83 remains unpaid, or any costs or expenses payable under an order made under that section remain unpaid, the Registrar may decline to submit the application to the Board until the fine or costs or expenses are paid.

If the Registrar declines to submit an application to the Board under subsection (4), the social worker may apply in writing to the Board requesting a review of the Registrar’s decision, and the Board must, as soon as practicable, review the decision and either confirm or revoke it.

The Board must promptly consider applications received from the Registrar.

The Board may authorise an applicant to practise within a scope of practice of the social work profession.

The contents of an authorisation (together with any applicable general conditions) form the applicant’s individual scope of practice (see section 8B).

The Board may authorise a change to the existing individual scope of practice of a social worker.

If an applicant (including a social worker applying for a change in their individual scope of practice) is, under section 8E(4), entitled to an opportunity to make written submissions and be heard, an authorisation under this section may be determined only after the applicant has had that opportunity.

An authorisation under section 8A(2) and (3) must identify the applicable scope of practice of the profession and specify the social work services within that scope of practice that the applicant is, subject to any condition included in the authorisation, permitted to perform or not permitted to perform.

An authorisation under section 8A(4) must state the change involved by reference to 1 or more of the following matters:

Any condition included in an authorisation must be of a kind that the Board considers is required to ensure the competent practice of the applicant and, without limitation, may include any of the following:

If an authorisation includes a condition referred to in section 8B(3)(a) that the applicant practise under supervision, the authorisation may also include the following conditions:

For the purpose of considering an application under section 8, the Board may require the applicant to take and pass an examination or undergo and pass an assessment that is set or recognised by the Board, to enable the Board to assess either or both of the following:

A requirement under subsection (1) is part of the process of considering the application and must not be taken as a proposal to decline the application.

In assessing an application under section 8, the Board must consider whether the applicant is qualified and competent to practise all or some of the social work services described in the applicant’s indicated scope of practice of the profession.

If the Board proposes to authorise an applicant to practise in any way that differs from the indication given by the applicant, the Board must inform the applicant in writing of its reasons for proposing to do so.

If the Board proposes to decline the application, the Board must inform the applicant in writing of its reasons for proposing to do so.

When the Board informs an applicant that it proposes to authorise them to practise in any way that differs from the indication given by the applicant or to decline their application, it must also give them—

Subsection (4)(a) and (b) is subject to section 142.

If the Board authorises an individual scope of practice for an applicant who meets the criteria in section 6, 7, 14, or 15 (as relevant), the applicant is entitled to be registered as a social worker, and the Registrar must promptly register the applicant by entering in the Register the information about the applicant required under section 123.

The Registrar must promptly notify an applicant who has been registered of the fact of their registration, the contents of the authorisation by the Board (and any applicable general conditions) that form their individual scope of practice, and the reasons for any condition that has been included.

If the Board decides that an applicant’s registration is to be provisional or temporary, the Registrar must also notify them of—

If the Board, after considering an application for registration, decides that the applicant should not be registered, the Registrar must promptly notify the applicant of the decision and the reasons for it.

As soon as practicable after the Board authorises a change to an individual scope of practice, the Registrar must enter the change in the Register and promptly notify the social worker of the change and the reasons for it.

A change must also be endorsed on the social worker’s practising certificate under section 35A.

If the Board, after considering an application for a change to an existing individual scope of practice, decides that the change should not be authorised, the Registrar must promptly notify the social worker of the decision and the reasons for it.

The Board may, as it thinks fit, adopt any conditions to apply to the individual scopes of practice (see section 8A) of all social workers or all social workers of a particular description.

The conditions may include a condition relating to supervision.

Conditions under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A person registered provisionally must be registered with conditions in their individual scope of practice appropriate to their circumstances.

The duration of any period of provisional registration of a person to whom section 14 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.

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

A person registered temporarily—

The duration of any period of temporary registration of a person (or of any period for which a person’s temporary registration is renewed)—

The Board may decide that the applicant should be registered fully if—

Subsection (1) overrides section 12.

The Board must decide that the applicant should be registered provisionally if satisfied—

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

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.

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

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

The certificate—

If the social worker has only provisional or temporary registration, the certificate must say so.

The cancellation or suspension of a social worker’s registration cancels any certificate of registration he or she holds.

A person must deliver to the Registrar the certificate of registration he or she holds, within 14 days after the Registrar—

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

If the application is accompanied by the application fee (if any) set by the Board, the Board may direct the Registrar to—

Subsection (2) does not apply to a social worker whose registration is suspended.

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

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

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 social worker’s limited registration; and, if it does so, the Registrar must make reasonable efforts to give them written notice, signed and dated by the Registrar,—

The Board must not cancel a social worker’s limited registration unless—

A person exercising their right to be heard personally is entitled to be accompanied by 1 person of their choice who agrees to attend.

A social worker may apply to the Registrar for a practising certificate.

An application for a practising certificate must—

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.

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—

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.

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

On receiving an application that complies with section 26, the Registrar must issue a practising certificate either in hard copy or electronically to the applicant.

Sections 30 and 139 override subsection (1).

The Registrar must refer an application for a practising certificate to the Board if he or she—

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.

The Registrar may refer any application for a practising certificate to the Board for it to decide whether the person is a fit and proper person to practise as a social worker, if the Registrar has reason to suspect that the applicant is not a fit and proper person to practise as a social worker.

The Registrar may refuse to issue a practising certificate if satisfied that any information included in the application for it is false or misleading.

Promptly after the Registrar refers an application for a practising certificate to the Board, the Board must consider,—

See section 32 for procedural requirements and section 33 for the terms of the Board’s decision.

Subsections (2) and (3) apply if the Board decides that it should consider whether to direct the Registrar to—

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.

The Registrar must give the applicant—

The notice must also state the substance of the grounds on which the Board is considering whether to act.

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.

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).

Where the Registrar has referred an application for a practising certificate to the Board,—

A direction by the Board under subsection (1)(b) may include the imposition of a new condition, or the cancellation or variation of an existing condition.

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

If the Board gives a direction under subsection (1)(c)(i)(A), it may also direct the Registrar to issue an interim practising certificate to the applicant (under section 37).

A practising certificate is in force for a period decided by the Board (generally or in any particular case).

The period must be stated in the certificate, and must be—

If a social worker’s registration is cancelled, their practising certificate is also cancelled and if a social worker’s registration is suspended, their practising certificate is also suspended.

The Registrar must endorse on every practising certificate or interim practising certificate issued to a social worker a description of the social worker’s individual scope of practice (including any conditions to which it is subject).

If changes are made by the Board or Tribunal to the social work services a social worker is permitted to perform or not perform or to conditions in their individual scope of practice, the Registrar must ensure that the changes are endorsed on the social worker’s practising certificate or interim practising certificate.

This subsection applies to a practising certificate if—

If subsection (1) applies to the holder of a practising certificate that was issued in hard copy, 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 of changes to social work services or conditions (unless any of the things referred to in that subsection have been lifted or revoked).

If subsection (1) applies to the holder of a practising certificate that was issued electronically, they (or, in the case of a holder who has died, their personal representative) must, within 7 days of receiving notice of the cancellation, suspension, or requirement for endorsement of changes to social work services or conditions, acknowledge receipt of that notice to the Registrar.

An interim practising certificate—

An interim practising certificate may be issued either in hard copy or electronically.

An interim practising certificate is cancelled by the issue to its holder of a practising certificate that is not an interim practising certificate.

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 cancellation under subsection (3) takes effect when the holder is given the notice (see section 145).

At any time, the Board must find a person’s competence to practise as a social worker is satisfactory for the purposes of this Act if—

The Board may direct the Registrar to arrange for the applicants for registration to complete competence assessments for the purposes of subsection (1)(a).

In the case of an applicant to whom section 6 applies, the Board can give a direction under subsection (2) only if section 6(2) applies.

Subsection (1) does not prevent the Board, when reviewing under section 39 a person’s competence to practise as a social worker, 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.

For the purpose of maintaining, examining, or improving the competence of all practising social workers, the Board must, from time to time, recognise ways of undertaking professional development, including any of the following ways:

The Board may require a specified social worker, a specified class of social workers, or all social workers to undertake a particular form of professional development, for example, a particular course of instruction.

The Board may exempt any social worker or class of social workers from any professional development requirement under subsection (2).

When recognising ways of undertaking professional development or requiring that a particular form of professional development be undertaken, the Board must be guided by the principle that professional development should not impose undue costs on practising social workers or their employers.

In this section, appropriate standard of competence, in relation to a social worker, means the standard of competence to be expected of a social worker practising under their individual scope of practice.

The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless they apply only to 1 or more specified social workers:

An employer who employs 1 or more social workers must, as soon as practicable after becoming aware that a social worker may not be competent to practise as a social worker within the relevant scope of practice, investigate whether the social worker is competent to do so.

If, after that investigation, the employer believes that the social worker needs assistance to improve their competency, the employer must, as soon as practicable, take reasonable steps to provide that assistance, including by way of professional development.

An employer who, after fulfilling their duties under subsections (1) and (2), believes on reasonable grounds that a social worker is not competent to practise must promptly report that belief to the Board.

If a social worker resigns, or is dismissed from their employment, for reasons relating to competence (whether or not any action has been taken under subsections (1) and (2)), the employer who employed that social worker immediately before that resignation or dismissal must promptly report to the Board, giving reasons for that resignation or dismissal.

A report to the Board must—

No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith.

The Board may at any time review a social worker’s competence to practise as a social worker, including if the Board receives information that reflects adversely on the social worker’s competence, for example, a report under section 38B.

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

When reviewing a social worker’s competence to practise as a social worker, the Board must—

A statement under subsection (1)(a)(i) must contain enough detail to inform the social worker clearly of the particular grounds for the review.

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.

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).

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.

If, after reviewing a social worker’s competence to practise as a social worker, 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.

The Board may also direct the Registrar to place conditions in the social worker’s individual scope of practice or cancel or vary an existing condition.

The Board may give a direction under subsection (2)—

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.

A direction under this section takes effect on the day on which the social worker is given a copy (see section 145), or on any later date stated in it.

The Board may from time to time set programmes for the purpose of helping it decide whether people—

A competence assessment may comprise 1 or a combination of 2 or more of the following:

At least 1 competence assessment must apply to all social work.

Any other competence assessment may apply to 1 or more social work services under 1 or more scopes of practice.

A competence assessment under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If a social worker fails a competence assessment, or fails or refuses to complete a competence assessment,—

If the Board proposes to give a direction under subsection (1)(b), it must give to the social worker concerned—

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.

A direction under subsection (1)(b) remains in effect until the person concerned has—

The Board may extend the period within which a social worker is required to satisfy the requirements of a competence assessment.

Failing a competence assessment is not in itself grounds for the taking of disciplinary action.

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.

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).

Nothing in this section prevents the Board from, at any time, exercising its power under section 57A to give interim directions relating to a social worker’s registration or practising certificate.

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—

Subsection (1) does not affect the Privacy Act 2020.

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—

No information, statement, or admission to which this subsection applies—

The Board may find a person (A) is not a fit and proper person to practise as a social worker only if it is satisfied that there are grounds on which a reasonable person would reach that conclusion.

The Board may be satisfied that those grounds exist if 1 or more of the following circumstances occur:

In the case only of an applicant for registration, the Board may reserve its decision on whether he or she is a fit and proper person to practise as a social worker if it is satisfied—

An employer who employs 1 or more social workers and who believes on reasonable grounds that a social worker has engaged in serious misconduct must promptly report that belief to the Board.

A report to the Board must—

In this section, serious misconduct means conduct by a social worker—

No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith.

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

This section applies to a social worker if, after receiving a report under section 47A or being notified of a determination under section 71(1)(a) that the Board should review his or her fitness, the Board—

If this section applies to a social worker, the Board may—

If the Board proposes to give a direction under subsection (2)(b), it must give to the social worker concerned—

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.

The Board must not direct the Registrar to suspend the social worker’s registration or practising certificate unless—

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.

The suspension does not take effect until the social worker is given a copy of the direction (see section 145).

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.

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).

Nothing in this section prevents the Board from, at any time, exercising its power under section 57A to give interim directions relating to a social worker’s registration or practising certificate.

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

However, if an application for a practising certificate is referred to the Board under section 30(1)(b)(iii) or (2A), the Board may not request a Police vet if a Police vet of the applicant under this section has been done within the preceding 3 years, unless other concerns about the person’s fitness to practise have been raised with the Board since that Police vet was done.

A person who believes that a social worker may be unable to satisfactorily perform the functions required to practise as a social worker may report that belief to the Board.

A social worker who believes on reasonable grounds that another social worker is unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition must promptly report that belief to the Board.

A failure to report under subsection (1A) may constitute professional misconduct and be the subject of a complaint to the Board under section 59.

An employer who employs 1 or more social workers and who believes on reasonable grounds that a particular social worker may be unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition must promptly report that belief to the Board.

A report to the Board under subsection (1A) or (1C) must—

No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith.

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

A person who is considering reporting to 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.

A report under section 51 must include a copy or (if a copy is not available) a description of any medical advice obtained.

When the Registrar receives a report under section 51,—

If (whether or not as a result of a report under section 51) the Board considers that a social worker may be unable to satisfactorily perform the functions required to practise as a social worker, 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.

The Board must first consult the social worker as to who should undertake the examination, unless—

The notice must—

The Board must pay for the examination.

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

The social worker—

The medical practitioner who examines the social worker must, as soon as reasonably practicable after the examination, give the Registrar a written report on the social worker’s mental and physical condition (so far as it affects his or her ability to practise satisfactorily as a social worker).

Promptly after receiving the report, the Registrar must—

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

If this subsection applies, the Board—

The Board must not give a direction unless—

The Board must not give a direction under subsection (2)(b)(i) unless it is satisfied that, in addition to the matters in subsection (3), the social worker will be able to satisfactorily perform the functions required to practise as a social worker if they do so in accordance with the proposed change to their scope of practice.

The direction must—

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.

The direction does not take effect until—

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.

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).

This section applies whenever and however an issue of competence, fitness, or serious misconduct comes to the attention of the Board unless, in the particular case, a medical examination is ordered under section 55.

The Board may direct the Registrar to suspend the registration or practising certificate or both of a social worker if the Board considers on reasonable grounds that,—

The Board may, if the requirements of subsection (2) are met, instead of directing the suspension of a social worker’s registration or practising certificate or both, direct the Registrar to make changes to the social worker’s individual scope of practice under subsection (3A).

The Board may, as it thinks fit, direct that either or both of the following changes be made to a social worker’s individual scope of practice:

A direction under this section may be made—

A direction given under this section must—

If the Board has made a direction under section 57A, it must give to the social worker concerned notice in writing that includes—

The Registrar must take all reasonably practicable steps to ensure that notice under this section is given to the social worker as soon as practicable after the direction is made.

The direction does not take effect until the social worker is given notice under this section (see section 145).

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

The Board may give the Registrar a direction to revoke any change made to the individual scope of practice of the social worker under section 57 or 57A if it is satisfied that the change is no longer necessary.

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.

The direction takes effect immediately.

This section applies if a social worker’s registration or practising certificate has been suspended under section 45(1)(b)(ii), 49(2)(b), 57(2)(b)(ii), 57A, or 133(6)(b)(i).

The Board may set conditions that must be satisfied by the social worker before the Board will consider revoking the suspension.

The conditions may include any or all of the following:

The Board must not impose a condition under subsection (3)(b) or (c) unless the person consents to the examination, treatment, counselling, or therapy concerned.

Subsection (3) does not limit subsection (2).

Any person may make a complaint against a social worker—

The complaint may be oral or written.

A complaint may be made by—

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

The Registrar must notify the Board 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 Board 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 social worker.

This section applies to the Registrar of a court in New Zealand in which a person who the Registrar knows is a social worker registered under this Act is convicted of an offence punishable by imprisonment for a term of 3 months or longer.

The Registrar must send a notice of the conviction to the Board, unless the court expressly orders otherwise.

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—

Subsection (1) overrides section 65.

As soon as is reasonably practicable after being notified of a complaint, the Board must refer it to a professional conduct committee, unless—

As soon as is reasonably practicable after the Board has decided whether to refer a complaint to a professional conduct committee, the Registrar must give the social worker concerned written notice of—

If the Board receives more than 1 complaint relating to the same social worker (whether at the same time or at different times), the Board may refer both or all of the complaints to the same professional conduct committee.

This section applies if the Board receives a notice of conviction given under section 63.

The Board must, as soon as is reasonably practicable,—

However, if the Board considers that the notice of conviction is for a minor offence and does not need to be referred to a professional conduct committee, it may decide to take no further action on the matter.

The Board may not make an order under subsection (2)(b) unless the social worker consents—

An order made under subsection (2)(b) must specify—

After receiving a report referred to in subsection (5)(b), the Board must promptly—

After considering a report, the Board may—

If the Board receives more than 1 notice of conviction relating to the same social worker (whether at the same time or at different times), the Board may refer both or all of the notices of conviction to the same professional conduct committee.

The Board—

In appointing or reconstituting a professional conduct committee, the Board must have regard to—

No member of the Board or the Tribunal may be a member of a professional conduct committee.

The Board must appoint 1 of the members of each professional conduct committee to preside at its meetings.

A professional conduct committee may regulate its procedure as it thinks fit.

Subsection (1) is subject to—

A professional conduct committee may appoint a legal adviser, who—

If the requirements in subsection (2) are met, a professional conduct committee may, by notice in writing, require any person to produce to the committee any paper, document, record, or thing.

The requirements are that—