Reprint as at 24 January 2009

Social Workers Registration Act 2003

Public Act	2003 No 17
Date of assent	9 April 2003
Commencement	see section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Social Development.

5 Act binds the Crown

Part 2
Registration and practising certificates

Entitlement to registration

6 Entitlement to registration of New Zealand-qualified social workers

7 Entitlement to registration of overseas-qualified social workers

Applications

8 Applications for registration

9 Consideration of applications by Board

10 Provisional registration

11 Temporary registration

Criteria

12 Criteria for full registration

13 Board may recognise practical experience in certain cases

14 Criteria for provisional registration

15 Criteria for temporary registration

16 Applications by certain people previously registered

17 Board to give reasons

Registration generally

18 Registrar to register successful applicants

19 Registrar to notify unsuccessful applicants

20 Certificates of registration

21 Surrender of certificate of registration

Limited registration

22 Renewal of limited registration

23 Criteria for renewal of limited registration

24 Cancellation of limited registration

Practising certificates

25 Practising registered social workers to hold practising certificates

26 Applications for practising certificates

27 Effect of making compliant application

28 Issue of practising certificates

29 Board may adopt general conditions

30 Restrictions on issue of practising certificates

31 Board to consider certain applications

32 Procedure for consideration

33 Decisions of Board as to practising certificates

34 Currency of practising certificates

35 Conditions on practising certificates

36 Surrender of practising certificates

37 Interim practising certificates

Part 3
Competence and fitness

Competence

38 Competence to practise social work

39 Reviews of competence to practise social work

40 Form of review

41 Actions after review of competence

Competence assessments

42 Competence assessments

43 Copies of competence assessments to be available

44 Registered social workers to complete assessments every 5 years

45 Actions if registered social worker fails assessment

46 Confidentiality of information

Fitness

47 Fitness to practise social work

48 Consideration of fitness to practise social work

49 Action if Board considers registered social worker not fit and proper

50 Board to ask Police for information, and consider convictions

Conditions affecting ability to practise social work

51 Notification of conditions affecting ability to practise social work

52 Power to seek medical advice

53 Notice to be put before chairperson

54 Interim suspensions

55 Power to order medical examination

56 Conduct and consequences of examination

57 Restrictions may be imposed because of condition

58 Revocation of restrictions

Part 4
Discipline

Complaints

59 Complaints against registered social workers

60 Registrar to notify Tribunal of complaints

61 Registrar to notify Health and Disability Commissioner of certain complaints

62 Health and Disability Commissioner may notify Tribunal of complaints

63 Notification of convictions

64 Suspension of action while Health and Disability Commissioner investigates

65 Referral of complaints and notices of conviction to complaints assessment committee

Complaints assessment committees

66 Complaints assessment committees

67 Committees may regulate own procedure

68 Committees may appoint legal advisers

69 Information to be given to social worker and complainant

70 Social workers and complainants may request changes in membership of complaints assessment committee

71 Determination of complaint by complaints assessment committee

72 Procedure after committee makes determination

73 Conciliation

74 Committee may recommend suspension of registration or imposition of conditions

Procedure and decisions of Tribunal

75 Laying of charge before Tribunal

76 Notice of disciplinary proceedings to be given to social worker

77 Interim suspension of registration or imposition of restrictions on practice

78 Social worker may apply for revocation of direction

79 Hearings of Tribunal to be public

80 Special protection for certain witnesses

81 Application for revocation of order under section 79

82 Grounds on which Tribunal may make order

83 Penalties

84 Orders as to restoration of registration

85 Orders of Tribunal

86 Funding

87 Recovery of fines and costs

Part 5
Appeals

88 Rights of appeal

89 Notice of right of appeal

90 Orders to have effect pending determination of appeal

91 Procedure on appeal

92 Court's decision final

93 Court may refer matter back for reconsideration

94 Orders as to costs

95 Orders as to publication of names

96 Appeal on question of law

Part 6
Social Workers Registration Board and Social Workers Complaints and Disciplinary Tribunal

Social Workers Registration Board

97 Social Workers Registration Board established

98 Powers of Board [Repealed]

99 Functions of Board

100 Obligations of Board in relation to Māori

101 Obtaining views of ethnic and cultural groups

102 Restriction on Ministerial direction

103 Other provisions relating to requirements [Repealed]

104 Review of operation of Act

105 Code of conduct

106 Membership

107 Additional information in annual report

108 Board may set fees

109 Disciplinary levy

110 Further provisions relating to fees and levy

111 Application of income [Repealed]

112 Directions and resolutions to be in writing [Repealed]

113 Other provisions relating to Board

Social Workers Complaints and Disciplinary Tribunal

114 Social Workers Complaints and Disciplinary Tribunal established

115 Function of Tribunal

116 Membership of Tribunal

117 Suitability of certain people to be appointed

118 Removal of members

119 Hearings by Tribunal

120 Other provisions relating to Tribunal

Part 7
Register and Registrar

121 Register of social workers

122 Register to be maintained in parts

123 Information to be registered

124 Certificates of registered information

125 Social workers to notify changes of address

126 Changes of name

127 Social worker may ask for registration to be cancelled

128 Entry to be cancelled on death of social worker

129 Revision of Register

130 Restoration of entries

131 Cancellation of registration of overseas qualified person for non-residence in New Zealand

132 Cancellation of registration on Board's direction

133 Removal of qualifications, or cancellation of registration, overseas

134 Cancellation or suspension not to affect existing liabilities

135 Board to publish Register

136 Inspection of Register

Registrar

137 Board to appoint Registrar

138 Registrar to carry out Board's decisions and comply with directions of Board and Tribunal

139 Registrar may refuse to act if fine or costs outstanding, or fee not paid

140 Notice of restrictions or conditions imposed on registration or practising certificate

Part 8
Miscellaneous, transitional, and consequential provisions

Miscellaneous provisions

141 Certificate of Registrar to be evidence

142 Board may withhold information in certain circumstances

143 Immunity of members and legal advisers of complaints assessment committees and other from civil liability to third parties

144 Proceedings not invalid because of defect in appointment

145 Notice and service of documents

146 Publication of orders

147 Regulations

148 Offences

Consequential amendments

149 Consequential amendments

Schedule 1
Provisions applying to Social Workers Registration Board

Schedule 2
Provisions applying to Social Workers Complaints and Disciplinary Tribunal

Schedule 3
Consequential amendments

Reprint notes

New Zealand Legislation: Acts

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Web feeds | Glossary | About | Guide | Site map | Buy Online

Social Workers Registration Act 2003 No 17 (as at 24 January 2009), Public Act

Social Workers Registration Act 2003

Note

Contents

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Web feeds | Glossary | About | Guide | Site map | Buy Online