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

A person may use names, words, titles, initials, abbreviations, or descriptions stating or implying that he or she is they are a social worker only if he or she is they are registered as a social worker under this Act (and his or her 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 he or she practises or is they practise or are willing to practise as a social worker, unless he or she—

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

The prohibitions under this section do not apply to a person who states that he or she is 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—

A person is practising as a social worker for the purposes of this Act (and practises and willing to practise as a social worker have corresponding meanings) if that person—

A person (A) is not practising as a social worker—

In this section,—

No person may practise as a social worker unless—

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

This section applies to every application by—

Every application to which this section applies 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.

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

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

The Board must then consider the requirements of section 33. and direct the Registrar to—

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

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).

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.

For the purpose of maintaining, examining, or improving the competence of all practising social workers, the Board may must, from time to time, set or 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 setting or recognising ways of undertaking professional development, or when 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.

An employer who employs 1 or more social workers and who, after fulfilling his or her duty under subsection (2), believes on reasonable grounds that a social worker is not competent to practise must promptly report that belief to the Board.

Before reporting to the Board, the employer must take reasonable steps to assist the social worker to improve his or her competency, including by way of professional development.

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, 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.

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 that—

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.

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 the social worker’s registration or practising certificate, or both, subject to conditions stated by the Board.

The registration of the social worker may be suspended or conditions may be imposed on the social worker’s registration or practising certificate, or both—A direction under this section may be made—

A direction given under this section must—

A direction under section 57A must—

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 practicable after it is given.

The interim suspension or imposition of conditions does not take effect until the social worker is given a copy of the direction.

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).

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).

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

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.

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—

As soon as is reasonably practicable after receiving a notice of conviction given under section 63, the Board must refer it to a professional conduct committee.

As soon as is reasonably practicable after the Board has referred a notice of conviction to a professional conduct committee, the Registrar must give the social worker concerned written notice that the Board has done so.

If the Board receives more than 1 complaint or 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 complaints or notices of conviction 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.

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—

The production notice may specify a date by which the paper, document, record, or thing must be produced to the committee, which must not be less than 10 working days after the notice is given to the person.

A person who receives a production notice under section 68A must comply with the notice in the manner and by the date specified in the notice.

No charge may be made for complying with a production notice.

A person who receives a production notice is not required to produce any paper, document, record, or thing—