Social Workers Registration Amendment Act 2025
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Social Workers Registration Amendment Act 2025
Public Act |
2025 No 17 |
|
Date of assent |
29 March 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Social Workers Registration Amendment Act 2025.
2 Commencement
(1)
Sections 18 and 19 come into force on 1 July 2025.
(2)
The rest of this Act comes into force on 30 March 2025.
Section 2(2): editorial change made by the PCO, on 24 April 2025, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
3 Principal Act
This Act amends the Social Workers Registration Act 2003.
Part 1 Substantive amendments
4 Section 3 amended (Purpose)
In section 3(b)(ii), replace “consider complaints about social workers”
with “exercise the disciplinary powers over social workers conferred by this Act”
.
5 Section 6 amended (Entitlement of New Zealand-qualified applicants to registration within scope of practice)
In section 6(1)(c)(ii), replace “different”
with “various”
.
6 Section 13 amended (Board may recognise practical experience in certain cases)
(1)
In section 13(1)(a), replace “recognised New Zealand qualification”
with “prescribed qualification”
in each place.
(2)
In section 13(2), replace “section 12”
with “section 8F”
.
7 Section 16 amended (Applications by certain people previously registered)
In section 16(2), replace “sections 6, 7, and 12 to 15”
with “sections 6, 7, 8F, and 13 to 15”
.
8 Section 51 amended (Reporting of conditions affecting ability to practise as a social worker)
In section 51(1D)(c), replace “allegation”
with “matter”
.
9 Section 55 amended (Power to order medical examination)
In section 55(1), replace “submit himself or herself for examination”
with “attend for medical examination”
.
10 Section 57A amended (Interim suspension of registration or practising certificate or both or change to individual scope of practice)
(1)
In section 57A(2)(c), after “underway”
, insert “, or is reasonably contemplated,”
.
(2)
Replace section 57A(4) with:
(4)
A direction under this section may be made—
(a)
for a period of not more than 10 working days from the date on which a copy of the direction is given to the social worker; and
(b)
for any further period or periods that are reasonable and necessary to allow the Board to satisfy itself of the matters referred to in section 58.
11 Section 58 amended (Revocation of suspension or change to individual scope of practice)
(1)
In section 58(1), replace “may give the Registrar a direction to revoke a suspension imposed under section 57 or 57A if it is”
with “must give the Registrar a direction to revoke a suspension imposed under section 57 or 57A as soon as practicable after the Board is”
.
(2)
In section 58(2), replace “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”
with “must 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 as soon as practicable after the Board is”
.
12 Section 71 amended (Determination of complaint or notice of conviction by professional conduct committee)
(1)
In section 71(1), replace “it must determine whether”
with “the committee must make 1 or more of the following determinations”
.
(2)
In section 71(2) and (3), replace “its”
with “a”
in each place.
13 Section 73 amended (Conciliation and mediation)
In section 73(2), replace “chairperson of the Tribunal”
with “Board”
.
14 Section 99 amended (Functions of Board)
Replace section 99(1)(f) with:
(f)
to prescribe New Zealand educational qualifications for the purposes of this Act and monitor the provision and delivery of those qualifications:
15 Section 101 amended (Obtaining views of ethnic and cultural groups)
In section 101(b), replace “other”
with “various”
.
16 Section 114 amended (Social Workers Complaints and Disciplinary Tribunal established)
(1)
In the heading to section 114, delete “Complaints and”
.
(2)
In section 114, delete “Complaints and”
.
17 Section 116 replaced (Membership of Tribunal)
Replace section 116 with:
116 Membership of Tribunal
(1)
The Tribunal comprises the following members appointed by the Minister:
(a)
a chairperson and 1 or more deputy chairpersons; and
(b)
at least 5 social workers to enable the Tribunal to be constituted; and
(c)
at least 1 layperson.
(2)
A person referred to in subsection (1)(a) must be a barrister or solicitor of the High Court of not less than 7 years’ practice, whether or not the person holds or has held judicial office.
(3)
A person referred to in subsection (1)(b) must not be a person whose registration or practising certificate is suspended.
(4)
A member of the Board is not eligible to be a member of the Tribunal.
18 Section 147A amended (Power to obtain information)
(1)
In section 147A(1), replace “The chief executive may, if the chief executive”
with “The Board may, if it”
.
(2)
In section 147A(1)(a), (b), and (c), replace “department”
with “Board”
in each place.
(3)
In section 147A(3), replace “chief executive must first ask the person in writing”
with “Board must first make a written request to the person to whom the information relates”
.
(4)
Repeal section 147A(5).
19 Section 147B amended (Privilege)
In section 147B(1) and (2), replace “department”
with “Board”
in each place.
Part 2 Other amendments
20 Schedule 1AA amended
(1)
In Schedule 1AA, clause 2(3), replace “section 12”
with “section 8F”
.
(2)
In Schedule 1AA,—
(a)
insert the Part set out in Schedule 1 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
21 Schedule 1 amended
In Schedule 1, repeal clause 43.
22 Consequential amendments
Amend the principal Act as set out in Schedule 2 of this Act.
23 Gender references updated
Amend the principal Act as set out in Schedule 3 of this Act.
Schedule 1 New Part 2 inserted into Schedule 1AA
Part 2 Provisions relating to Social Workers Registration Amendment Act 2025
7 Interpretation
In this Part, amendment Act means the Social Workers Registration Amendment Act 2025.
8 Social worker subject to interim suspension or change to scope of practice before commencement date
(1)
In this clause, commencement date means the date on which section 10 of the amendment Act comes into force.
(2)
This clause applies to a social worker who, immediately before the commencement date, was subject to an interim suspension of the social worker’s registration or practising certificate (or both) or to a change to the social worker’s individual scope of practice for 1 or both of the periods set out in section 57A(4) (as it read immediately before the commencement date).
(3)
On and after the commencement date, the Board may make a further direction for any further period or periods if it considers that the direction is reasonable and necessary to allow further investigation or a medical examination to take place.
9 Transfer of specified information to Board
(1)
In this clause, commencement date means the date on which section 18 of the amendment Act comes into force.
(2)
Subclause (3) applies to any information, document, or copy of or extract from a document (specified information) that, before the commencement date, was—
(a)
given to the department by a person in accordance with a written notice issued by the chief executive under section 147A(1) or following a request by the chief executive under section 147A(3); or
(b)
voluntarily given to the department or the chief executive by a person for the purposes of section 147A; or
(c)
produced or generated by the department or the chief executive for the purposes of section 147A.
(3)
On and after the commencement date, the specified information must be treated as if it were held by the Board.
(4)
Subclause (5) applies if, before the commencement date, the chief executive had asked a person in writing under section 147A(3) to give information to the department before issuing a written notice to the person under section 147A(1).
(5)
On and after the commencement date, the Board may issue the written notice under section 147(1) to the person in respect of the information.
10 Delegate may determine outstanding matters relating to pending application for registration
(1)
In this clause, commencement date means the date on which section 21 of the amendment Act comes into force.
(2)
This clause applies to an application for registration as a social worker that was made before the commencement date but was not determined before that date.
(3)
On and after the commencement date, a person to whom the Board has delegated any of its functions, duties, and powers relating to registration may determine any outstanding matters relating to the application.
Schedule 2 Consequential amendments
Section 4
In section 4, definition of Tribunal, delete “Complaints and”
.
Section 7
In section 7(a)(ii) and (c)(ii), replace “different”
with “various”
.
Section 13
In section 13(1)(b)(iv)(B), replace “different”
with “various”
.
Part 6 heading
In the Part 6 heading, delete “Complaints and”
.
Cross-heading above section 114
In the cross-heading above section 114, delete “Complaints and”
.
Section 117
In section 117(c)(ii), replace “different”
with “various”
.
Section 119
In section 119(1)(b), delete “5”
.
Section 133
In section 133(1)(a), replace “recognised”
with “prescribed”
.
Schedule 1
In Schedule 1, clause 2(2)(b)(v), replace “different”
with “various”
.
Schedule 2
In the Schedule 2 heading, delete “Complaints and”
.
Schedule 3 Updating gender references
Section 6
In section 6(1)(a), replace “his or her”
with “the person’s”
.
In section 6(1)(b), replace “he or she”
with “the person”
.
In section 6(1)(c), replace—
(a)
“his or her”
with “the person’s”
; and
(b)
“he or she”
with “the person”
.
In section 6(1)(d), replace “he or she”
with “the person”
.
Section 7
In section 7(a), replace “he or she”
with “the person”
.
In section 7(b)(i), replace “he or she”
with “the person”
.
In section 7(b)(ii), replace “his or her”
with “the person”
.
In section 7(c), replace “he or she”
with “the person”
in each place.
In section 7(d), replace “he or she”
with “the person”
.
In section 7(e), replace “he or she”
with “the person”
.
In section 7(f), replace “his or her”
with “the person’s”
.
In section 7(g), replace “he or she”
with “the person”
.
In section 7(h), replace “he or she”
with “the person”
.
Section 13
In section 13(1)(a), replace “he or she”
with “the applicant”
.
In section 13(1)(b)(i) and (ii), replace “his or her”
with “the applicant’s”
.
In section 13(1)(b)(iii), replace “he or she”
with “the applicant”
.
In section 13(1)(b)(iv), replace—
(a)
“his or her”
with “the applicant’s”
in each place; and
(b)
“he or she”
with “the applicant”
.
Section 15
In section 15, replace “he or she”
with “the applicant”
.
Section 16
In section 16(1), replace “he or she”
with “the person”
.
Section 21
In section 21(1) and (2), replace “he or she”
with “the social worker”
.
In section 21(2)(a), replace “him or her notice that his or her”
with “the social worker notice that the social worker’s”
.
In section 21(2)(b), replace “him or her”
with “the social worker”
.
In section 21(2)(b)(i), replace “his or her”
with “the social worker’s”
.
Section 23
In section 23(1)(a), replace “he or she”
with “the applicant”
.
Section 27
In section 27(1)(b), replace “he or she”
with “the Registrar”
.
In section 27(2), replace “him or her”
with “the applicant”
.
In section 27(3)(a), replace “he or she”
with “the applicant”
.
In section 27(3)(c)(i), replace “he or she”
with “the Registrar”
.
Section 30
In section 30(1), replace “he or she”
with “the Registrar”
.
Section 32
In section 32(5), replace “his or her”
with “the person’s”
in each place.
In section 32(6), replace—
(a)
“his or her”
with “the person’s”
in each place; and
(b)
“he or she”
with “the person”
.
Section 36
In section 36(2), replace—
(a)
“he or she”
with “the holder”
; and
(b)
“his or her”
with “the holder’s”
.
Section 38
In section 38(1)(a), replace “they have”
with “the person has”
.
In section 38(1)(b), replace “he or she”
with “the person”
.
In section 38(1)(b)(i), replace “his or her”
with “the person’s”
.
In section 38(3), replace “his or her”
with “the person’s”
.
Section 39
In section 39(2), replace “his or her”
with “the social worker’s”
.
Section 40
In section 40(1)(a)(i) and (ii), replace “his or her”
with “the social worker’s”
.
In section 40(1)(a)(iii), replace “he or she”
with “the social worker”
.
In section 40(1)(b), replace “him or her”
with “the social worker”
.
In section 40(3), replace “his or her”
with “the social worker’s”
in each place.
In section 40(4), replace—
(a)
“his or her”
with “the social worker’s”
in each place; and
(b)
“he or she is”
with “the social worker”
.
Section 41
In section 41(1), replace “he or she”
with “the social worker”
.
Section 45
In section 45(2)(b)(ii), replace “he or she”
with “the social worker”
.
In section 45(7) and (8), replace “his or her”
with “the person’s”
in each place.
In section 45(8), replace “he or she”
with “the person”
.
Section 47
In section 47(3), replace “he or she”
with “the applicant”
.
In section 47(3)(a)(i), (ii), and (iii), replace “him or her”
with “the applicant”
.
In section 47(3)(b), replace “he or she”
with “the applicant”
.
Section 48
In section 48(b), replace “his or her”
with “the person’s”
.
Section 49
In section 49(1), replace “his or her”
with “the social worker’s”
.
In section 49(1)(a), replace “he or she”
with “the social worker”
.
In section 49(1)(b), replace “he or she”
with “the social worker”
.
In section 49(3)(a)(ii), replace “he or she”
with “the social worker”
.
In section 49(8), replace “his or her”
with “the person’s”
in each place.
In section 49(9),—
(a)
replace “his or her”
with “the person’s”
in each place; and
(b)
replace “he or she”
with “the person”
.
Section 52
In section 52(1), replace “he or she thinks appropriate to help him or her”
with “the person thinks appropriate to help the person”
.
Section 53
In section 53(a), replace “he or she”
with “the Registrar”
.
Section 55
In section 55(1), replace “him or her written notice requiring him or her to”
with “the social worker written notice requiring them to”
.
Section 56
In section 56(2)(a), replace “chosen by him or her”
with “of the social worker’s choice”
.
In section 56(2)(b), replace “him or her attends, is entitled to be accompanied by 1 person of his or her”
with “the social worker attends, is entitled to be accompanied by 1 person of the social worker’s”
.
In section 56(3), replace “his or her”
with “the social worker’s”
.
Section 57
In section 57(1)(a)(i), replace “submitted himself or herself”
with “attended”
.
In section 57(1)(a)(ii), replace “submit himself or herself”
with “attend”
.
In section 57(1)(b), replace “he or she”
with “the social worker”
.
In section 57(3)(b), replace “he or she did not submit himself or herself ”
with “the social worker did not attend”
.
In section 57(7), replace “his or her”
with “the person’s”
in each place.
In section 57(8), replace—
(a)
“his or her”
with “the person’s”
in each place; and
(b)
“he or she”
with “the person”
.
Section 71
In section 71(3)(a)(ii) and (b)(ii), replace “him or her”
with “the social worker”
.
In section 71(5), replace “his or her”
with “the person’s”
in each place.
In section 71(6), replace—
(a)
“his or her”
with “the person’s”
in each place; and
(b)
“he or she”
with “the person”
.
Section 76
In section 76(3), replace “he or she”
with “the social worker”
.
Section 79
In section 79(5), replace “he or she”
with “the person”
.
Section 80
In section 80(2)(a), replace “he or she”
with “the witness”
.
In section 80(3)(b) and (c), replace—
(a)
“he or she”
with “the witness”
; and
(b)
“his or her”
with “the witness’s”
.
Section 82
In section 82(2), replace “he or she”
with “the social worker”
.
In section 82(2)(b), replace “himself or herself”
with “themselves”
.
In section 82(3) and (4), replace “he or she”
with “the social worker”
.
Section 83
In section 83(1)(a)(ii), (b), (c), (d), and (e) and (4), replace “he or she”
with “the social worker”
.
In section 83(1)(ca), replace “they”
with “the social worker”
.
Section 84
In section 84(1)(a) and (b), replace “he or she”
with “they”
in each place.
In section 84(4), replace “him or her”
with “the person”
.
Section 88
In section 88(1), replace—
(a)
“him or her”
with “the person”
; and
(b)
“he or she”
with “the person”
.
In section 88(2), replace “him or her”
with “the person”
.
Section 89
In section 89, replace “him or her”
with “the person”
in each place.
Section 108
In section 108(1)(h), replace “him or her”
with “the social worker”
.
Section 117
In section 117(a), replace “his or her”
with “the person’s”
.
Section 118
In section 118(1), replace “he or she”
with “the person”
in each place.
In section 118(2)(a), replace “his or her”
with “the person’s”
.
Section 124
In section 124(a) and (b), replace “his or her”
with “the person’s”
.
Section 129
In section 129(1)(c), replace “him or her”
with “the social worker”
.
Section 130
In section 130(1), replace “him or her”
with “the person”
.
Section 131
In section 131(1), replace “he or she”
with “the social worker”
.
In section 131(4), replace “his or her”
with “the person’s”
in each place.
In section 131(5), replace—
(a)
“his or her”
with “the person’s”
in each place; and
(b)
“he or she”
with “the person”
.
In section 131(7)(b), replace “he or she”
with “the social worker”
.
Section 132
In section 132(1), replace—
(a)
“him or her”
with “the social worker”
; and
(b)
“he or she”
with “the social worker”
.
Section 133
In section 133(1)(a), replace “him or her”
with “the social worker”
.
In section 133(1)(b)(i), (ii), and (iii), replace “his or her”
with “the social worker’s”
in each place.
In section 133(2)(a), replace “him or her”
with “the social worker”
.
In section 133(3) and (4), replace “his or her”
with “the person’s”
in each place.
In section 133(4), replace “he or she”
with “the person”
.
Section 139
In section 139(1), replace “him or her”
with “the person”
in each place.
Section 143
In section 143, replace “he or she”
with “the member or adviser”
.
Section 145
In section 145(3), replace “him or her”
with “the person”
.
In section 145(4), replace “his or her”
with “the person’s”
.
Section 148
In section 148(1), replace “himself or herself”
with “the person”
.
In section 148(1)(a) and (b), replace “his or her”
with “the person’s”
.
In section 148(5)(a), replace “himself or herself”
with “themselves”
.
In section 148(5)(a)(i), replace “he or she”
with “the social worker”
.
In section 148(5)(a)(ii), replace “his or her”
with “the social worker’s”
.
Schedule 1
In Schedule 1, clause 7(2), replace “his or her”
with “the member’s”
.
In Schedule 1, clause 10(2), (3), and (4), replace “he or she”
with “the member”
.
In Schedule 1, clause 20(1), replace “him or her”
with “the appointing member”
.
In Schedule 1, clause 20(4), replace—
(a)
“him or her”
with “the representative”
; and
(b)
“his or her”
with “the representative’s”
.
In Schedule 1, clause 20(5)(a), replace “his or her”
with “the representative’s”
.
Schedule 2
In Schedule 2, clause 2(3), replace “his or her”
with “the person’s”
.
In Schedule 2, clause 3(2), replace “he or she”
with “the chairperson or deputy chairperson”
.
In Schedule 2, clause 3(3), replace “him or her”
with “the chairperson or deputy chairperson”
.
In Schedule 2, clause 3(3)(a), replace “he or she is unable to perform his or her”
with “the person is unable to perform the person’s”
.
In Schedule 2, clause 7(1)(b) and (c)(ii), replace “his or her”
with “the person’s”
in each place.
In Schedule 2, clause 12(5), replace “him or her”
with “the person”
.
In Schedule 2, clause 15, replace “his or her”
with “the social worker’s”
in each place.
Legislative history
24 June 2024 |
Introduction (Bill 63–1) |
|
27 August 2024 |
First reading and referral to Social Services and Community Committee |
|
20 February 2025 |
Reported from Social Services and Community Committee (Bill 63–2) |
|
25 March 2025 |
Second reading, committee of the whole House, third reading |
|
29 March 2025 |
Royal assent |
This Act is administered by the Ministry of Social Development.
Versions
Social Workers Registration Amendment Act 2025
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