Social Workers Registration Amendment Bill
Social Workers Registration Amendment Bill
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Social Workers Registration Amendment Bill
Social Workers Registration Amendment Bill
Government Bill
63—2
As reported from the Social Services and Community Committee
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Hon Louise Upston
Social Workers Registration Amendment Bill
Government Bill
63—2
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Social Workers Registration Amendment Act 2024.
2 Commencement
(1)
Sections 18 and 19 come into force on 1 July 2025.
(2)
The rest of this Act comes into force on the day after Royal assent.
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
s 20
Part 2 Provisions relating to Social Workers Registration Amendment Act 2024
7 Interpretation
In this Part, amendment Act means the Social Workers Registration Amendment Act 2024.
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)
This clause applies to any information (specified information) that was—
(a)
required to be supplied to the chief executive under section 147A (as it read immediately before the commencement date); or
(b)
obtained by the chief executive under section 147A before the commencement date.
(3)
As soon as practicable after the commencement date, the chief executive must transfer the specified information to the Board to enable the Board to carry out its functions under section 147A (as amended by the amendment Act).
(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 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 provide specified information to the chief executive 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
s 22
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
s 23
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 refuses”
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 |
"Related Legislation
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Versions
Social Workers Registration Amendment Bill
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Commentary
Recommendation
The Social Services and Community Committee has examined the Social Workers Registration Amendment Bill and recommends that it be passed. We recommend all amendments unanimously.
About the bill
The Social Workers Registration Act 2003 established occupational regulations to ensure that social workers are fit to practise and accountable. The regulatory regime is intended to protect the safety of members of the public, and to enhance the integrity and professionalism of the social work profession. The Act also established the Social Workers Registration Board as an oversight body that manages the registration of social workers.
Under section 104 of the Act, the Board must review its operations and the operation of the Act at intervals of no more than five years. This bill results from the Board’s 2020 review, and is intended to improve the efficacy of the Act. The bill proposes six main policy amendments to the Act, along with ten minor and technical amendments.
The main amendments seek to:
broaden the grounds for interim suspension of a social worker when an investigation is being considered
change the extension period for additional interim suspension periods from 10 days to a period of time that is reasonable and necessary for the Board to complete an investigation
allow professional conduct committees to choose multiple outcomes for complaints or convictions, to better handle complex cases
enable the Board to delegate registration functions
add a monitoring function to the Board’s responsibilities regarding prescribed educational qualifications
transfer power from the Ministry of Social Development to the Board to obtain information for the purpose of investigating whether someone is practising, or holding themselves or others out, as a social worker without registration or a practising certificate.
Legislative scrutiny
As part of our consideration of the bill, we have examined its consistency with principles of legislative quality. We have no issues regarding the legislation’s design to bring to the attention of the House.
Proposed amendments
The following commentary covers the amendments we recommend to the bill as introduced.
Transfer of specified information
The bill as introduced would transfer investigative functions from the Ministry of Social Development to the Board. These functions include obtaining information for the purpose of investigating anyone practising as a social worker without registration or a practising certificate, or claiming to be a social worker.
Schedule 1 of the bill would insert new Part 2 into Schedule 1AA of the principal Act. Proposed clause 9 in this schedule sets out transitional arrangements for the transfer of information from the ministry to the Board. As introduced, clause 9 provides that any information required to be supplied to or obtained by the ministry under section 147A of the Act must be transferred to the Board as soon as practicable after the commencement date. We recommend amending clauses 9(2) and (3) to broaden this provision to include any information produced or generated by the ministry as part of its role under section 147A. Our amendment would mean that the ministry could provide any assessments, case notes, or other information to the Board.
For consistency with section 147A, we also recommend minor amendments to clause 9(4) and (5).
Other matter: length of interim suspension period
In considering the bill, we were particularly interested in the Board’s use of interim suspensions. These are used to suspend a social worker when allegations have been made that raise concerns about public safety.
The current interim suspension period is a maximum of 10 working days per notice of suspension. Advisers noted that investigations may take substantially longer than this, so social workers may receive multiple notices as the suspension is repeatedly extended.
The bill as introduced (clause 10, amending section 57A of the Act) would change the interim suspension provision to allow the Board to determine the appropriate length of an extension to an interim suspension, following the initial suspension of ten working days. The bill provides that the length of the extension must be reasonable and necessary, and that it could be revoked at any time if the Board was satisfied that the suspension is no longer necessary.
Advisers told us that other options had been considered, including increasing the set period for notices of interim suspension or setting a maximum time frame within which the Board must revoke an interim suspension. The proposal in the bill as introduced was considered the most workable and least disruptive to the social worker under an interim suspension.
We understand that the Board intends to review the matter of interim suspension timeframes in its 2025 review of the Act. We look forward to seeing the results of this review.
Appendix
Committee process
The Social Workers Registration Amendment Bill was referred to the committee on 27 August 2024.
We called for submissions on the bill with a closing date of 6 October 2024. We received and considered submissions from five interested groups and individuals. We heard oral evidence from one submitter via videoconference.
Advice on the bill was provided by the Ministry of Social Development. The Office of the Clerk provided advice on the bill’s legislative quality. The Parliamentary Counsel Office assisted with legal drafting.
Committee membership
Joseph Mooney (Chairperson)
Paulo Garcia
Takutai Tarsh Kemp
Ricardo Menéndez March
Laura McClure
Hon Willow-Jean Prime
Maureen Pugh
Hon Carmel Sepuloni
Tanya Unkovich
Mariameno Kapa-Kingi participated in our consideration of this bill.
Related resources
The documents we received as advice and evidence are available on the Parliament website.