General policy statement
The Social Workers Registration Act 2003 (the 2003 Act) provides mechanisms to ensure the safety of the public and enhance the professionalism of social workers. The 2003 Act established the Social Workers Registration Board (the Board) as the regulatory authority responsible for the registration of social workers, and the Social Workers Complaints and Disciplinary Tribunal to exercise disciplinary powers over social workers.
The Ministry of Social Development holds policy responsibility for the 2003 Act.
Since 28 February 2021, all people practising as social workers or representing themselves as social workers have been required to register with the Board. To be eligible for registration, people must have a qualification prescribed by the Board.
An alternative pathway to registration is also available under section 13 of the 2003 Act for people without a prescribed qualification (the experience pathway). People applying through the experience pathway can use their practical experience to demonstrate that they meet the professional competency standards set by the Board. Applicants must demonstrate that their experience is enough to make up for not having a prescribed qualification. Section 13 of the 2003 Act is due to be repealed on 28 February 2024 by section 24 of the Social Workers Registration Legislation Act 2019.
This Bill seeks to delay the repeal of the experience pathway for a further 4 years to 28 February 2028. This is to allow more time for the impacts of the extension of the pay equity settlement for social services across the government-funded sector to be realised, as the settlement is likely to provide a financial incentive for people to register as social workers. Delaying the repeal will also provide an opportunity to consider entry pathways into the social work sector over the longer term, including how to embed tikanga Māori and indigenous models of practice and the importance of workforce inclusivity. Continuing the availability of the experience pathway will ease pressure on a sector experiencing workforce shortages and increased demand.
A time-limited extension for the experience pathway is appropriate as the experience pathway was never intended to be a permanent option for social worker registration. The pool of eligible applicants under the experience pathway is also expected to decrease over time. Delaying the repeal to 28 February 2028 is based on the fact that the Board is due to submit its next 5-yearly review of the 2003 Act by 2025 and the time needed to enact any recommended amendments as a result of the review.