Registration of social workers 10/13

1. Sections 95 to 111 and Schedule 1 come into force on the day 12
   months after the date on which this Act receives the Royal assent.
2. Sections 3 to 94, sections 112 to 147, and Schedules 2 and 3 come
   into force on a date appointed by the Governor-General by Order in Council; and
   different dates may be appointed for different provisions.
3. The rest of this Act comes into force on the day after the date on which it
   receives the Royal assent.

1. to protect the safety of members of the public, by prescribing or providing
   for mechanisms to ensure that social workers are---
   1. competent to practise; and
   2. accountable for the way in which they practise; and
2. for the purposes of paragraph (a), to create a framework for the
   registration of social workers in New Zealand, and establish---
   1. a board to register social workers, and provide for its powers; and
   2. a tribunal to consider complaints about registered social workers; and
4. to provide for the Board to promote the benefits of registration of social
   workers---
   1. to departments of State, other instruments of the Crown, other bodies and
      organisations that employ social workers, and the public; and
   2. among people practising social work; and
6. to enhance the professionalism of social workers.

Board means the Social Workers Registration Board established by
section 95

certificate of registration means a certificate given under section
20

code of conduct means the code issued and maintained under section
103

competence assessment means an assessment set under section 41

direction means written direction

Director of Proceedings means the person for the time being designated
under section 15(1) of the Health and Disability Commissioner Act 1994 as the
Director of Proceedings

Health and Disability Commissioner means the Health and Disability
Commissioner appointed under section 8 of the Health and Disability Commissioner
Act 1994

health services or disability services means health services or
disability services within the meaning of the Health and Disability Commissioner
Act 1994

limited registration means provisional or temporary registration

Minister means the Minister of the Crown who, under the authority of a
warrant or with the authority of the Prime Minister, is responsible for the
administration of this Act

practising certificate---

1. means a practising certificate issued under section 28(1); and
2. includes an interim practising certificate issued under section 36

recognised New Zealand qualification means a New Zealand educational
qualification for the time being recognised by the Board as appropriate for
social workers working in New Zealand

Register means the register of social workers kept under section
119

registered social worker means a person in respect of whom the
information stated in section 121(1) is entered in the Register

Registrar means the Registrar of the Register of Social Workers for
the time being holding office under section 135(1)

registration means the entry in the Register of the information stated
in section 121(1) in respect of a person; and re-registration has a
corresponding meaning

Tribunal means the Social Workers Complaints and Disciplinary Tribunal
established by section 112

working day means a day that---

1. is not Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac
   Day, Labour Day, or the Sovereign's birthday; and
2. does not fall in a period commencing on 20 December in one year and ending
   with 15 January in the next year.

1. he or she has enough practical experience in practising social work; and
2. his or her competence to practise social work has been found satisfactory
   under Part 3; and
3. he or she is a fit and proper person to practise social work.

1. he or she has an overseas qualification equivalent to a recognised New
   Zealand qualification; and
2. either---
   1. he or she is registered or licensed as a social worker, or as the
      practitioner of a profession equivalent to that of a social worker, in a State
      other than New Zealand (whether the State in which the equivalent qualification
      was obtained or some other State); or
   2. there are good reasons for his or her not being so registered or licensed;
      and
3. he or she has satisfactorily completed a course of training ensuring that he
   or she is competent to practise social work with different ethnic groups in New
   Zealand; and
4. he or she can speak and write English reasonably effectively, and understand
   spoken and written English reasonably well; and
5. he or she has enough practical experience in practising social work; and
6. his or her competence to practise social work has been found satisfactory
   under Part 3; and
7. he or she is a fit and proper person to practise social work; and
8. he or she intends to live and practise social work in New Zealand.

1. An application for registration must be made to the Registrar on a form
   provided by the Board.
2. The application must be accompanied by---
   1. the application fee (if any) set by the Board; and
   2. any evidence of the matters referred to in section 6 or section 7 the
      Board requires.
3. The application may be accompanied by any other material relating to the
   matters referred to in section 6 or section 7 the applicant wishes.
4. Promptly after receiving a valid application for registration, the Registrar
   must give it to the Board.
5. Section 82(4) overrides subsection (4).

1. whether the applicant should be registered; and
2. if it decides that the applicant should be registered,---
   1. whether he or she should be registered fully, provisionally, or temporarily;
      and
   2. whether he or she should be registered without restrictions or conditions,
      or subject to restrictions or conditions (or both).

1. A person registered provisionally---
   1. must always be registered subject to conditions appropriate to his or her
      circumstances; and
   2. may also be registered subject to restrictions.
2. The duration of provisional registration---
   1. must not be more than 6 years, in the case of a person to whom section
      14(2) applies; and
   2. must not be more than 2 years, in any other case.

1. A person registered temporarily---
   1. must always be registered subject to restrictions relating the institution
      or place where he or she intends to practise social work; and
   2. may also be registered subject to conditions, other restrictions, or both.
2. The duration of temporary registration must not be more than 6 months.

1. The Board may decide that the applicant should be registered fully if---
   1. he or she has neither a recognised New Zealand qualification nor an overseas
      qualification equivalent to a recognised New Zealand qualification; but
   2. the Board is satisfied that---
      1. his or her practical experience in practising social work in New Zealand is
         enough to compensate for the lack of such a qualification; and
      2. his or her competence to practise social work has been found satisfactory
         under Part 3; and
      3. he or she is a fit and proper person to practise social work.
2. Subsection (1) overrides section 12.

1. The Board must decide that the applicant should be registered provisionally
   if, and only if, satisfied---
   1. that the applicant's competence to practise social work has been found
      satisfactory under Part 3; and
   2. that he or she is a fit and proper person to practise social work, meets
      some of the other criteria in section 6 or section 7, and---
      1. is in the process of working towards meeting the rest of them; or
      2. if in the Board's opinion subsection (2) applies to him or her,
         intends to work towards meeting the rest of them within a time frame set by the
         Board; and
   3. in the case of an applicant who has previously held a provisional
      certificate of registration, that he or she---
   4. has already made satisfactory progress in working towards meeting all the
      criteria in section 6 or section 7; or
   5. has good reasons for not having made satisfactory progress in doing so.
2. This subsection applies to an applicant for registration if---
   1. he or she applied for registration within 3 months after the commencement of
      this section; and
   2. immediately before that commencement, he or she was practising social work,
      in any occupation or profession, in New Zealand.
3. The Board may consult an applicant's employer before setting a time frame
   under subsection (1)(b)(ii).

1. is a fit and proper person to practise social work; and
2. can speak and write English reasonably effectively, and understand spoken
   and written English reasonably well; and
3. is or will be visiting New Zealand temporarily, and wishes to practise
   social work at a particular institution or place in New Zealand; and
4. has enough knowledge and practical experience of social work to practise
   social work at the institution or place.

1. If the Tribunal has under section 82(1)(b) imposed conditions that a
   person must meet before being re-registered, the Board must not decide that the
   person should be registered unless satisfied that he or she has met the
   conditions.
2. Subsection (1) overrides sections 6, 7, and 12 to 15.

1. If the Board decides that the applicant should be registered subject to
   restrictions, it must state---
   1. the restrictions; and
   2. its reasons for imposing them.
2. If the Board decides that the applicant should be registered subject to
   conditions, it must state---
   1. the conditions; and
   2. the time within which each of them must be met; and
   3. its reasons for imposing them.
3. If the Board decides that the applicant's registration should be provisional
   or temporary, it must state---
   1. its reasons; and
   2. the duration of the registration.
4. If the Board decides that the applicant should not be registered, it must
   state its reasons.

1. any restrictions or conditions to which his or her registration is subject;
   and
2. in the case of conditions, the time within which each of them must be
   satisfied; and
3. the Board's reasons for imposing the restrictions or conditions; and
4. if his or her registration is provisional or temporary,---
   1. the fact that it is provisional or temporary; and
   2. its duration; and
   3. the Board's reasons for directing provisional or temporary registration.

1. that the Board has decided that he or she should not be registered; and
2. the Board's reasons for its decision.

1. On payment of the fee (if any) set by the Board, the Registrar must give a
   registered social worker who asks for it a certificate of registration---
   1. stating in respect of him or her as much of the information the Board then
      requires for certificates of registration as the Registrar has; and
   2. signed and dated by the Registrar.
2. If the social worker has only provisional or temporary registration, the
   certificate must say so.

1. The cancellation or suspension of a registered social worker's registration
   cancels any certificate of registration he or she holds.
2. A person must deliver to the Registrar the certificate of registration he or
   she holds, within 14 days after the Registrar---
   1. gives him or her notice that his or her registration has been cancelled or
      suspended; or
   2. gives him or her---
      1. notice that restrictions or conditions (or varied restrictions or
         conditions) have been placed on his or her registration; and
      2. a new certificate of registration containing the appropriate restrictions or
         conditions.

1. A registered social worker with limited registration may give the Board a
   written application to renew that registration.
2. If the application is accompanied by the application fee (if any) set by the
   Board, the Board may direct the Registrar to---
   1. renew the registration until a day (not more than 6 months after the day on
      which it would otherwise expire) stated in the notice; and
   2. give a further certificate of registration.
3. Subsection (2) is subject to sections 10(2), 24, and 137(1).

1. The Board must not direct the renewal of provisional registration unless
   satisfied---
   1. in the case of an applicant to whom section 14(2) applies, that he or
      she---
      1. still intends to work towards meeting the criteria in section 6 or section 7
         within the time frame originally set by the Board; or
      2. still intends to work towards meeting the criteria in section 6 or
         section 7, but within a time frame longer than that originally set by the
         Board, and has good reasons for needing the longer time frame; and
   2. in any other case, that the applicant is still in the process of working
      towards meeting the criteria in section 6 or section 7, and---
      1. has made satisfactory progress in doing so; or
      2. has good reasons for not having made satisfactory progress in doing so.
2. The Board must not direct the renewal of temporary registration unless
   satisfied that the applicant still meets the criteria in section 15.

1. has already held provisional registration or temporary registration for a
   period of more than 6 years; or
2. has already held limited registration (whether provisional registration,
   temporary registration, or a combination of both) for 2 or more periods of more
   than 6 years in total.

1. cancel it by noting against the entry of the holder's name in the Register
   under section 136 the fact and date of the cancellation; and
2. make reasonable efforts to give the holder written notice, signed and dated
   by the Registrar, stating---
   1. that the certificate has been cancelled; and
   2. the reasons for the cancellation; and
   3. that the holder is required by section 21(2)(a) to surrender the
      certificate.

1. A registered social worker may apply to the Registrar for a practising
   certificate.
2. The application must---
   1. be made on a form provided by the Board for the purpose; and
   2. be accompanied by the fee (if any) set by the Board.
3. The form may require any information the Board thinks appropriate, including
   a statement specifying whether the applicant is, at the date of the application,
   employed as a social worker.

1. the time the Registrar issues a practising certificate; and
2. the time the Registrar notifies the applicant in writing that he or she
   refuses to issue a practising certificate.

1. On receiving an application that complies with section 26, the
   Registrar must issue a practising certificate to the applicant.
2. Sections 29 and 137 override subsection (1).

1. The Registrar must refer an application for a practising certificate to the
   Board if he or she---
   1. believes on reasonable grounds that---
      1. the applicant has not undertaken a competence assessment required by this
         Act; or
      2. the applicant has undertaken a competence assessment required by this Act,
         but the results are not yet available; or
      3. the applicant has undertaken a competence assessment required by this Act,
         and the results seem unsatisfactory; or
      4. the applicant has not held a practising certificate within the 3 years
         immediately before the date of the application; or
   2. suspects on reasonable grounds that the applicant---
      1. has at any time failed to maintain a reasonable standard of professional
         competence; or
      2. has not been practising social work as a profession at any time within the 3
         years immediately before the date of the application; or
      3. is not a fit and proper person to practise social work.
2. The Registrar may refuse to issue a practising certificate if satisfied that
   any information included in the application for it is false or misleading.

1. direct the Registrar to issue a practising certificate to the applicant
   without conditions; or
2. decide to consider whether to direct the Registrar to---
   1. issue a practising certificate to the applicant subject to conditions; or
   2. refuse to issue a practising certificate to the applicant.

1. Subsections (2) and (3) apply if the Board decides that it should
   consider whether to direct the Registrar to---
   1. issue a practising certificate subject to conditions; or
   2. refuse to issue a practising certificate.
2. The Board must give the applicant concerned a reasonable opportunity to make
   written submissions and to be heard on the matter, either personally or by a
   representative.
3. The Registrar must give the applicant---
   1. written notice that---
      1. the Board is considering whether to direct the Registrar to issue a
         practising certificate subject to conditions, or to direct the Registrar to
         refuse to issue a practising certificate; and
      2. the applicant has a reasonable opportunity to make written submissions and
         to be heard on the matter, either personally or by a representative; and
   2. a copy of any information on which the Board is relying.
4. The notice must also state the substance of the grounds on which the Board
   is considering whether to act.

1. Where the Registrar has referred an application for a practising certificate
   to the Board,---
   1. the Board must direct the Registrar to issue a practising certificate to the
      applicant without restrictions or conditions, if it is satisfied that the
      applicant is competent to practise as a social worker in accordance with his or
      her registration without restrictions or conditions:
   2. the Board must direct the Registrar to issue a practising certificate to the
      applicant subject to restrictions or conditions (or both), if it is satisfied
      that the applicant is competent to practise as a social worker in accordance
      with his or her registration only subject to those restrictions or conditions:
   3. in any other case, the Board must direct the Registrar---
      1. to refuse to issue a practising certificate to the applicant until he or she
         has met conditions stated by the Board (and must also direct the Registrar to
         issue any practising certificate to the applicant subject to conditions), if it
         is satisfied that the applicant will be competent to practise as a social worker
         in accordance with his or her registration only subject to those conditions; or
      2. to refuse to issue a practising certificate to the applicant at all.
2. If the Board gives a direction under subsection (1)(c),---
   1. the direction must state the Board's reasons; and
   2. the Registrar must give the applicant notice of the direction and reasons.
3. If the Board gives a direction under subsection (1)(c)(i),---
   1. it may also direct the Registrar to issue an interim practising certificate
      to the applicant; and
   2. if the conditions stated by the Board are later met, the Registrar may issue
      a practising certificate to the applicant and cancel the interim practising
      certificate.

1. A practising certificate is in force for a period decided by the Board
   (generally or in any particular case).
2. The period must be stated in the certificate, and must be---
   1. No longer than 4 months from the day the certificate is issued, in the case
      of an interim practising certificate; and
   2. No longer than 1 year from the day the certificate is issued, in any other
      case.
3. If the holder of a practising certificate ceases to be a registered social
   worker, the certificate is cancelled.

1. If a practising certificate relates to a person whose registration is
   subject to restrictions or conditions, the Registrar---
   1. must note the conditions on it; or
   2. must---
      1. note on it that the person's registration is subject to the restrictions or
         conditions (or both) stated in the notice attached to it; and
      2. attach to it a notice stating all the restrictions and conditions.
2. If a practising certificate is subject to restrictions or conditions, the
   Registrar---
   1. must note the restrictions or conditions on it; or
   2. must---
      1. note on it that it is subject to the restrictions or conditions (or both)
         stated in the notice attached to it; and
      2. attach to it a notice stating all the restrictions and conditions.

1. This subsection applies to a practising certificate if---
   1. it is cancelled or suspended; or
   2. it is required for endorsement under Part 3; or
   3. its holder's registration is---
      1. cancelled under any of sections 25, 81(1)(a)(i), 125, 126, 127, 129, 130,
         and 131(4)(b)(ii); or
      2. suspended under any of sections 43(1)(b)(ii), 47(2)(b), 52, 55(2)(b)(ii),
         75(1)(a), 81(1)(a)(i), and 131(4)(b)(i).
2. If subsection (1) applies to the holder of a practising certificate,
   he or she (or, in the case of a holder who has died, his or her personal
   representative) must deliver it to the Registrar within 14 days of receiving
   from the Registrar notice of the cancellation, suspension, or requirement for
   endorsement.

1. An interim practising certificate---
   1. may only be issued pursuant to a direction under section 32(3)(a);
      and
   2. may be issued subject to any conditions the Board thinks fit.
2. An interim practising certificate is cancelled by the issue to its holder of
   a practising certificate that is not an interim practising certificate.
3. The Board may, at any time and for any reason, direct the Registrar to give
   the holder of an interim practising certificate notice of---
   1. the cancellation of the certificate; and
   2. the reasons for the cancellation.
4. The cancellation takes effect when the holder receives the notice.

1. has the skill and knowledge required to practise social work in accordance
   with his or her registration (or proposed registration); and
2. meets the professional standards reasonably to be expected of a registered
   social worker.

1. promptly after receiving from the Registrar a valid application for
   registration made by the person; and
2. promptly after being notified of a determination under section
   69(1)(a) that the Board should review his or her competence; and
3. at some time no later than 5 years after his or her competence to practise
   social work was last found satisfactory under this Part.

1. When reviewing a person's competence to practise social work, the Board
   must---
   1. give the person written notice---
      1. describing any information relating to his or her competence to practise
         social work it has in its possession; and
      2. stating that he or she has a reasonable opportunity to make written
         submissions and to be heard on the review, either personally or by a
         representative; and
   2. give him or her a reasonable opportunity to make written submissions and to
      be heard on the review, either personally or by a representative.
2. In the case of a review under section 38(b), the notice must also
   state why the person's competence to practise social work is being reviewed.
3. A statement under subsection (2) must contain enough detail to inform
   the person clearly of the particular grounds for the review.
4. A person exercising his or her right to be heard personally may be
   accompanied by 1 person of his or her choice who agrees to attend.
5. Except as provided in subsections (1) to (4) and clause 32(1) of Schedule
   1, the review may be conducted as the Board thinks fit.

1. If, after reviewing a person's competence to practise social work, the Board
   has reason to believe that his or her competence may be unsatisfactory, it may
   direct the Registrar to arrange for the person to undertake a competence
   assessment.
2. If the person is a registered social worker, the Board may also direct the
   Registrar to place conditions on his or her registration, practising
   certificate, or both.
3. The Board may give a direction under subsection (2)---
   1. when directing the Registrar to arrange for the person to undertake a
      competence assessment; or
   2. at any later time before the person has undertaken a competence assessment.
4. Within 5 working days after the Board gives a direction under this section,
   the Registrar must ensure that the person concerned is given a copy.
5. A direction under this section takes effect on the day on which the person
   receives the copy, or on any later date stated in it.

1. The Board may from time to time set programmes for the purpose of helping it
   decide whether applicants for practising certificates or registration---
   1. have the skill and knowledge required to practise social work in accordance
      with their registration (or proposed registration); and
   2. meet the professional standards reasonably to be expected of a social
      worker.
2. A competence assessment may comprise 1 or a combination of 2 or more of the
   following:
   1. elements entirely set by the Board; or
   2. elements set by some other person or body, and recognised by the Board
      without modification; or
   3. elements set by some other person or body, and recognised by the Board in a
      modified form.
3. At least 1 competence assessment must apply to all social work.
4. Any other competence assessment---
   1. may apply to all social work; or
   2. may apply only to social work of a stated description; or
   3. may apply to all social work other than social work of a stated description.
5. Within 20 working days after the Board sets a competence assessment, the
   Registrar must publish in daily newspapers circulating in Auckland, Wellington,
   Christchurch, and Dunedin notice of---
   1. its setting and application; and
   2. details of where copies may be obtained.

1. for purchase at a reasonable price; and
2. for inspection free of charge.

1. If a registered social worker fails a competence assessment, or fails or
   refuses to undertake a competence assessment,---
   1. the Registrar must notify the Board; and
   2. the Board may direct the Registrar to---
      1. make the social worker's registration or practising certificate, or both,
         subject to conditions stated by the Board; or
      2. suspend the social worker's registration or practising certificate.
2. If the Board proposes to give a direction under subsection (1)(b), it
   must give to the registered social worker concerned---
   1. notice stating---
      1. why the Board proposes to give the direction; and
      2. that he or she has a reasonable opportunity to make written submissions and
         to be heard on the matter, either personally or by a representative; and
   2. a copy of any information on which the Board is relying in proposing to give
      the direction.
3. The statement under subsection (2)(a)(i) must contain enough detail
   to inform the person clearly of the particular grounds for the proposal to give
   the direction.
4. A direction under subsection (1)(b) remains in effect until the
   person concerned has---
   1. satisfied all the requirements of the competence assessment (in the case of
      a failure of a competence assessment); or
   2. undertaken a competence assessment (in the case of a failure or refusal to
      undertake a competence assessment).
5. The Board may extend the period within which a social worker is required to
   satisfy the requirements of a competence assessment.
6. Failing a competence assessment is not in itself grounds for the taking of
   disciplinary action.

1. A person who, for the purposes of a competence assessment, examines any
   records made or kept by the person being assessed (subject) must not
   disclose any information about an identifiable individual other than the subject
   (other person) obtained from the records, except---
   1. for the purpose of making a report to the Board in relation to the subject;
      or
   2. for the purposes of a criminal investigation of, or criminal proceedings
      taken against, the subject; or
   3. by disclosing the information to the other person, if---
      1. the Board has directed that the information be disclosed to the other
         person; or
      2. the other person has asked for it.
2. Subsection (1) does not affect the Privacy Act 1993.
3. Subsection (4) applies to all information, statements, and admissions
   relating to the conduct of a person undertaking a competence assessment (whether
   that conduct occurred before or during the assessment) that---
   1. are supplied, disclosed, or made by the person during the assessment; and
   2. are not records made or kept by the person before the assessment is
      undertaken, and disclosed in the course of or for the purposes of the
      assessment.
4. No information, statement, or admission to which this subsection applies---
   1. may be used or disclosed for any purpose other than the purposes of the
      competence assessment during which it was disclosed or made; or
   2. is admissible against the person who disclosed or made it, or any other
      person, in any proceedings in any court or before a person acting judicially.

1. The Board may find a person (the subject) is not a fit and proper person to
   practise social work if, and only if, it is satisfied that there are grounds on
   which a reasonable person would conclude that the subject is not a fit and
   proper person to practise social work.
2. For the purposes of subsection (1), the Board may be satisfied that
   there are grounds on which a reasonable person would conclude that the subject
   is not a fit and proper person to practise social work if---
   1. the subject has been convicted, in New Zealand or overseas, of an offence
      punishable by imprisonment for 3 months or more, and the Board is satisfied that
      the nature and circumstances of the offence reflect adversely on his or her
      fitness to practise social work; or
   2. the Board is satisfied that the subject is unable to perform adequately the
      functions required to practise social work satisfactorily; or
   3. the Board is satisfied on reasonable grounds that the subject is not of good
      character and reputation.
3. In the case only of an applicant for registration, the Board may reserve its
   decision on whether he or she is a fit and proper person to practise social work
   if it is satisfied---
   1. that---
      1. professional disciplinary proceedings are being taken against him or her
         (whether in New Zealand or overseas); or
      2. a licensing or registration organisation (whether in New Zealand or
         overseas) is making investigations that may lead to the taking of professional
         disciplinary proceedings against him or her; or
      3. the Health and Disability Commissioner is making investigations that may
         lead to the taking of professional disciplinary proceedings against him or her;
         and
   2. that the circumstances suggest a reasonable possibility that he or she is
      not a fit and proper person to practise social work.

1. promptly after receiving from the Registrar a valid application for
   registration made by the person; and
2. promptly after being notified of a determination under section
   69(1)(a) that the Board should review his or her fitness.

1. This section applies to a registered social worker if, after being notified
   of a determination under section 69(1)(a) that the Board should review
   his or her fitness, the Board---
   1. has considered whether he or she is a fit and proper person to practise
      social work; and
   2. determines that he or she may not be a fit and proper person to practise
      social work.
2. If this section applies to a registered social worker, the Board may---
   1. make a complaint against the social worker under section 57; or
   2. direct the Registrar to suspend the social worker's registration or
      practising certificate.
3. If the Board proposes to give a direction under subsection (2)(b), it
   must give to the registered social worker concerned---
   1. notice stating---
      1. why the Board proposes to give the direction; and
      2. that he or she has a reasonable opportunity to make written submissions and
         to be heard on the matter, either personally or by a representative; and
   2. a copy of any information on which the Board is relying in proposing to give
      the direction.
4. The statement under subsection (3)(a)(i) must contain enough detail
   to inform the person clearly of the particular grounds for the proposal to give
   the direction.
5. The Board must not direct the Registrar to suspend the social worker's
   registration or practising certificate unless---
   1. it has given the social worker a reasonable opportunity to make written
      submissions and to be heard on the matter, either personally or by a
      representative; and
   2. it is satisfied that the social worker is not a fit and proper person to
      practise social work.
6. 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 possible after
   it is given.
7. The suspension does not take effect until the social worker is given a copy
   of the direction.

1. ask the New Zealand Police to check if he or she has any criminal
   convictions; and
2. consider any criminal convictions (whether in New Zealand or overseas)
   disclosed to the Board by the New Zealand Police, or otherwise known to the
   Board.

1. Any person who considers that a registered social worker may be unable to
   perform adequately the functions required to practise social work satisfactorily
   may give the Registrar notice of all the circumstances.
2. No civil, criminal, or disciplinary proceedings may be taken against a
   person who, believing that a registered social worker may be unable to perform
   adequately the functions required to practise social work satisfactorily, has
   given the Registrar notice of all the circumstances, unless the person has acted
   in bad faith.
3. Subsection (2) applies even if the notice contains information
   relating to a person other than the registered social worker.

1. A person who is considering notifying the Registrar under section 49
   may seek any medical advice, whether psychiatric or otherwise, he or she thinks
   appropriate to help him or her form an opinion.
2. A notice under section 49 must state any medical advice obtained.

1. he or she must promptly put it before the chairperson of the Board; and
2. the chairperson must put it before the Board at its next meeting.

1. The chairperson of the Board may give the Registrar a direction to suspend
   the registration of a registered social worker 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, if the chairperson---
   1. considers (whether or not as a result of a notice under section 49)
      that the social worker may be unable to perform adequately the functions
      required to practise social work satisfactorily; and
   2. after consulting with 2 other members of the Board (of whom at least 1 must
      be a registered social worker), is satisfied that it is desirable to do so,
      having regard to the need to protect the health and safety of members of the
      public.
2. The chairperson does not have to give the social worker notice that the
   chairperson intends to give the direction.
3. The direction must---
   1. be in writing; and
   2. state why it has been given; and
   3. state that the social worker may respond to the direction; and
   4. be signed by the chairperson.
4. 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 possible after
   it is given.
5. The suspension does not take effect until the social worker is given a copy
   the direction.
6. The deputy or other acting chairperson may act under this section,
   section 51, or section 55 if there is no chairperson of the Board or the
   chairperson is unavailable.

1. If (whether or not as a result of a notice under section 49) the
   Board considers that a registered social worker may be unable to perform
   adequately the functions required to practise social work satisfactorily, it may
   give him or her written notice requiring him or her to submit himself or herself
   for examination by a medical practitioner chosen by the Board.
2. The Board must first consult the social worker as to who should undertake
   the examination, unless---
   1. it is impracticable to do so; or
   2. the social worker refuses to be consulted.
3. The notice must---
   1. state---
      1. the name and address of the medical practitioner; and
      2. the date by which the examination is to be conducted (being a date at least
         5 working days after the date on which the notice is given to the social
         worker); and
   2. be signed by the chairperson of the Board or the Registrar.
4. The Board must pay for the examination.

1. The Board must give a medical practitioner who undertakes an examination
   under section 53 notice of---
   1. its reasons for requiring the examination; and
   2. the fields of social work in which the social worker usually practises.
2. The social worker may have another medical practitioner, chosen by him or
   her, attend the examination as an observer.
3. The medical practitioner who examines the social worker must, as soon as
   reasonably practicable after the examination, give the Registrar a written
   report on the social worker's mental and physical condition (so far as it
   affects his or her ability to practise social work satisfactorily).
4. Promptly after receiving the report, the Registrar must---
   1. put it before the Board; and
   2. send a copy to the social worker.

1. Subsection (2) applies if a registered social worker has been given a
   notice under section 53, and---
   1. either---
      1. the social worker submitted himself or herself for examination as required
         by the notice, and the Registrar has received a written report on the social
         worker's mental and physical condition from the medical practitioner named in
         it; or
      2. the social worker did not submit himself or herself for examination as
         required by the notice; and
   2. the Registrar has given the social worker notice that he or she has a
      reasonable opportunity to make written submissions and to be heard on the
      matter, either personally or by a representative; and
   3. the Board has given the social worker that opportunity; and
   4. the Board considers that the matter should be dealt with urgently.
2. If this subsection applies, the Board---
   1. must consider all the relevant circumstances of the case (including any
      report received from the medical practitioner named in the notice, whether or
      not the social worker attended for examination within the time required by the
      notice); and
   2. may give the Registrar a direction to---
      1. make the social worker's registration or practising certificate, or both,
         subject to conditions stated by the Board; or
      2. suspend the social worker's registration or practising certificate.
3. The Board must not give a direction unless---
   1. it is satisfied that---
      1. the social worker is unable to perform adequately the functions required to
         practise social work satisfactorily; and
      2. it is necessary to do so, having regard to the need to protect the health
         and safety of members of the public; or
   2. it has been unable to decide whether the social worker is able to practise
      social work satisfactorily, because he or she did not submit himself or herself
      for examination as required by the notice concerned.
4. The direction must---
   1. be in writing; and
   2. state why it has been given; and
   3. be signed by the chairperson.
5. The Registrar must take all reasonably practicable steps to ensure that a
   copy of the direction is given to the social worker within 5 working days after
   the day on which it is given.
6. The direction does not take effect until---
   1. the day on which the social worker is given a copy; or
   2. a later day stated in it.

1. The Board may give the Registrar a direction to revoke a suspension imposed
   under section 52 or section 55 if it is satisfied that the social worker
   concerned---
   1. was in fact able to practise social work satisfactorily; or
   2. is again able to practise social work satisfactorily.
2. The Board may give the Registrar a direction to revoke any conditions
   imposed under section 55 if it is satisfied that they are no longer
   necessary.
3. The Registrar must take all reasonably practicable steps to ensure that a
   copy of the direction is given to the social worker within 5 working days after
   the day on which it is given.
4. The direction takes effect immediately.

1. Any person may make a complaint against a registered social worker---
   1. to the Health and Disability Commissioner or the Registrar, if the complaint
      is about the provision of health services or disability services; or
   2. to the Registrar.
2. The complaint may be oral or written.
3. A complaint may be made by---
   1. the Minister; or
   2. the Commissioner for Children; or
   3. any other person in the service of the Crown acting in an official capacity;
      or
   4. any member of the Board or the Tribunal.
4. Subsection (3) does not limit the generality of subsection (1).

1. No action may be taken under this Part about a complaint that has been
   notified or referred to the Health and Disability Commissioner until---
   1. the Health and Disability Commissioner notifies the chairperson of the
      Tribunal in writing---
      1. that the complaint is not to be investigated, or investigated further, under
         the Health and Disability Commissioner Act 1994; or
      2. that the complaint has been resolved; or
      3. that the complaint has been investigated under the Health and Disability
         Commissioner Act 1994 and the complaint is not to be referred to the Director of
         Proceedings under section 45(f) of that Act; or
   2. the Director of Proceedings notifies the chairperson of the Tribunal in
      writing that the Director of Proceedings has decided under section 49 of the
      Health and Disability Commissioner Act 1994 not to lay a charge under this Act
      in relation to the complaint.
2. Subsection (1) overrides section 63.

63. Referral of complaints and notices of convictions to complaints assessment
    committee
    1. As soon as is reasonably practicable after receiving a complaint, the
       chairperson of the Tribunal must refer it to a complaints assessment committee,
       unless---
       1. the chairperson and the Health and Disability Commissioner agree that it
          does not need to be pursued (in the case of a complaint relating to a matter
          over which the Tribunal and the Commissioner both have jurisdiction); or
       2. the chairperson is satisfied that it does not need to be pursued (in any
          other case).
    2. The chairperson of the Tribunal must refer a notice of conviction given
       under section 61 to a complaints assessment committee as soon as is
       reasonably practicable after receiving it.

64. Complaints assessment committees
    1. The chairperson of the Tribunal---
       1. may from time to time appoint, in relation to a particular case or cases of
          a particular class, 2 registered social workers and 1 person who is not a
          registered social worker to be a complaints assessment committee; and
       2. may at any time dissolve or reconstitute a complaints assessment committee.
    2. Before appointing, dissolving, or reconstituting a complaints assessment
       committee, the chairperson of the Tribunal must consult with at least 3 members
       of the Board (including at least 1 member who is not a registered social
       worker).
    3. No member of the Board or the Tribunal may be a member of a complaints
       assessment committee.
    4. The chairperson must appoint 1 of the members of each complaints assessment
       committee to preside at its meetings.

65. Committees may regulate own procedure
    1. A complaints assessment committee may regulate its procedure as it thinks
       fit.
    2. Subsection (1) is subject to---
       1. the rules of natural justice; and
       2. this Act; and
       3. any regulations made under this Act.

66. Committees may appoint legal advisers
    A complaints assessment
    committee may appoint a legal adviser, who---
    1. may be present at meetings of the committee; and
    2. may at any time advise the committee on matters of law, procedure, or
       evidence; but
    3. must not be present during the deliberations of the committee.

67. Information to be given to social worker and complainant
    As soon as
    is practicable after a complaint about, or a notice of conviction of, a
    registered social worker is referred to a complaints assessment committee, the
    chairperson of the Tribunal must ensure---
    1. that the social worker is given written notice of---
       1. the particulars of the complaint or notice of conviction; and
       2. the intended membership of the complaints assessment committee that is to
          consider it; and
    2. in the case of a complaint, that the complainant is given written notice of
       the intended membership of the complaints assessment committee that is to
       consider it.

68. Social workers and complainants may request changes in membership of
    complaints assessment committee
    1. Within 5 working days after being informed of the intended membership of the
       complaints assessment committee that is to consider a complaint about, or
       conviction of, a registered social worker, the social worker or, in the case of
       a complaint, the complainant may give the chairperson of the Tribunal notice---
       1. requesting that any or all of the intended members not be appointed as
          members of that committee; and
       2. stating the reasons for the request.
    2. The chairperson---
       1. must consider the request; and
       2. may reconstitute the committee.

69. Determination of complaint by complaints assessment committee
    1. As soon as is reasonably practicable after a complaint or notice of
       conviction is referred to a complaints assessment committee, it must determine
       whether---
       1. the Board should review the competence or fitness of the social worker to
          practise as a social worker (or both); or
       2. in the case of a complaint, the committee should submit it to conciliation;
          or
       3. the committee should submit the complaint or conviction to the Tribunal; or
       4. No further steps should be taken under this Act in relation to the complaint
          or conviction.
    2. The committee may undertake or arrange for any investigation it thinks
       necessary to make its determination.
    3. Before making its determination,---
       1. the committee---
          1. must give the social worker concerned a reasonable opportunity to make a
             written explanation or statement in relation to the complaint or conviction; and
          2. may, on the social worker's application or of its own motion, give him or
             her a reasonable opportunity to appear before it to make an explanation or
             statement in relation to the complaint or conviction; and
       2. in the case of a complaint, the committee---
          1. must give the complainant a reasonable opportunity to make a written
             statement in relation to it; and
          2. may, on the complainant's application or of its own motion, give the him or
             her a reasonable opportunity to appear before it to make a statement in relation
             to it.
    4. The committee may require a complaint referred to it to be supported by a
       statutory declaration.

70. Procedure after committee makes determination
    1. This subsection applies to a determination by a complaints assessment
       committee that---
       1. the Board should review the competence or fitness of a social worker to
          practise as a social worker; or
       2. the committee should submit a complaint to conciliation.
    2. If it makes a determination to which subsection (1) applies, a
       complaints assessment committee must give written notice of the determination,
       and the reasons for it, to---
       1. the Registrar; and
       2. the social worker concerned; and
       3. in the case of a complaint, the complainant.
    3. If it makes a determination to submit a complaint or conviction to the
       Tribunal, a complaints assessment committee must---
       1. frame an appropriate charge; and
       2. lay it before the Tribunal; and
       3. give written notice of it to the social worker concerned and, if there is a
          complaint, to the complainant.
    4. On receiving notice under subsection (2)(a) of a determination to
       which subsection (1)(a) applies, the Registrar must promptly put the
       notice before the Board.

71. Settlement of complaint by conciliation
    1. If a complaints assessment committee has decided that it should submit a
       complaint to conciliation, it must try to help the social worker and complainant
       concerned to resolve the complaint by agreement.
    2. If the committee thinks that the complaint has been successfully resolved by
       agreement, it must promptly give the chairperson of the Tribunal written notice
       to that effect.
    3. If the committee thinks that the complaint has not been successfully
       resolved by agreement, it must promptly determine whether---
       1. the committee should submit the complaint or conviction to the Tribunal; or
       2. No further steps should be taken under this Act in relation to the
          complaint.
    4. If it makes a determination to submit the complaint to the Tribunal, the
       committee must---
       1. frame an appropriate charge; and
       2. lay it before the Tribunal, together with a notice stating---
          1. the matters on which the social worker and complainant reached agreement
             during conciliation; and
          2. the matters on which the social worker and complainant did not reach
             agreement during conciliation; and
       3. give a copy of the charge and notice to the social worker and the
          complainant.
    5. If the committee makes a determination that no further steps should be taken
       under this Act in relation to the complaint,---
       1. No further steps may be taken under this Act in relation to the complaint;
          and
       2. the committee must give the social worker and complainant written notice
          of---
          1. the determination; and
          2. the committee's reasons.

72. Committee may recommend suspension of registration or imposition of
    conditions
    A complaints assessment committee that lays a charge before
    the Tribunal may recommend to the Tribunal that, pending the determination of
    the charge,---
    1. the registration of the social worker concerned be suspended under
       section 75; or
    2. restrictions be imposed on the practice of social work by that social worker
       under section 75.

1. A charge against a registered social worker may be laid before the
   Tribunal---
   1. by the Director of Proceedings under the Health and Disability Commissioner
      Act 1994 if,---
      1. after conducting an investigation under Part IV of that Act, the Health and
         Disability Commissioner notifies the Tribunal of a complaint involving the
         provision of health and disability services by the social worker; and
      2. under section 49 of that Act, the Director of Proceedings decides that
         proceedings should be taken against the social worker under this Part; or
   2. by a complaints assessment committee under this Part.
2. The charge must contain---
   1. a statement to the effect that the Director of Proceedings or complaints
      assessment committee has reason to believe that grounds exist entitling the
      Tribunal to exercise its powers under this Part; and
   2. enough detail to inform the social worker clearly of the substance of the
      grounds.
3. As soon as is reasonably practicable after a charge is laid before the
   Tribunal, its chairperson must convene a hearing to consider the charge.
4. If the charge was laid by the Director of Proceedings, it must be prosecuted
   at the hearing by the Director of Proceedings.
5. If the charge was laid by a complaints assessment committee, it must be
   prosecuted at the hearing by that committee.
6. The Director of Proceedings or a complaints assessment committee may be
   represented, by counsel or otherwise, in prosecuting the charge.
7. Except as otherwise provided in this Part, the Tribunal---
   1. may determine its own procedure; but
   2. must observe the rules of natural justice.

1. Before convening a hearing of the Tribunal to consider a charge against a
   registered social worker, the chairperson of the Tribunal must give the social
   worker written notice---
   1. stating that the Director of Proceedings or a complaints assessment
      committee (as the case may be) has reason to believe that grounds exist
      entitling the Tribunal to exercise its powers under this Part; and
   2. specifying the particulars of the charge; and
   3. specifying a date (being not less than 20 working days, and not more than 60
      working days, after the date on which the notice is received by the social
      worker) on which the Tribunal intends to hear the charge.
2. The chairperson must also give a copy of the notice to any complainant.
3. The notice must require the social worker to inform the Tribunal in writing,
   not later than a date specified in it (being not less than 10 working days after
   the date on which the social worker receives the notice), whether he or she
   wishes to be heard by the Tribunal, either personally or by a representative.
4. If the social worker fails to notify the Tribunal as required by
   subsection (3), the social worker is entitled to appear and to be heard
   at the hearing, but only on conditions (as to payment of costs and expenses or
   otherwise) that the Tribunal thinks fit and orders.

1. At any time after a notice has been given to a social worker under
   section 74(1), the Tribunal may, if it is satisfied that it is necessary
   or desirable to do so having regard to the need to protect the health or safety
   of members of the public, direct that, until the charge to which that notice
   related has been disposed of,---
   1. the registration of that social worker be suspended; or
   2. that social worker may practise as a social worker only in accordance with
      restrictions stated in the order.
2. The Tribunal may make an order under this section on the recommendation of
   the Director of Proceedings or a complaints assessment committee, or of its own
   motion.
3. The Tribunal does not have to give the social worker notice that it intends
   to give the direction.
4. The direction must---
   1. be in writing; and
   2. state the reasons for it; and
   3. state clearly the social worker's right to apply to the Tribunal to have it
      revoked; and
   4. be signed by the chairperson or a deputy chairperson of the Tribunal.
5. The Registrar must ensure that a copy of the direction is given to the
   social worker, and any employer of the social worker, as soon as is reasonably
   practicable.
6. The direction takes effect from the day on which the copy is given to the
   social worker.

1. A social worker may at any time apply to the Tribunal for the revocation of
   a direction under section 75(1).
2. The application must be in writing and delivered to the Registrar.
3. The Tribunal---
   1. must hear the application within 10 working days after it is received by the
      Registrar; and
   2. the Tribunal may, as it thinks fit,---
      1. grant or refuse the application; or
      2. in the case of restrictions imposed under section 75(1)(b), amend or
         replace the restrictions.
4. The Registrar must promptly give the social worker notice of the Tribunal's
   decision.
5. The Tribunal may revoke a direction under section 75(1) of its own
   motion.
6. The Tribunal's decision takes effect immediately.

1. Except as provided in this section and in section 78, every hearing
   of the Tribunal must be held in public.
2. If, after having regard to the interests of any person (including, without
   limitation, the privacy of any complainant) and to the public interest, the
   Tribunal is satisfied that it is desirable to do so, it may (on application by
   any of the parties or of its own motion) make any 1 or more of the following
   orders:
   1. an order that the whole or any part of a hearing must be held in private:
   2. an order prohibiting the publication of any report or account of any part of
      a hearing, whether held in public or in private:
   3. an order prohibiting the publication of the whole or any part of any books,
      papers, or documents produced at a hearing:
   4. an order prohibiting the publication of the name, or any particulars of the
      affairs, of any person.
3. An application to the Tribunal for an order under subsection (2) must
   be heard in private; but the other parties to the proceedings and any
   complainant are entitled to be present and to make submissions on it.
4. If the Tribunal of its own motion proposes to make an order under
   subsection (2), it must consider the matter in private; but the parties
   to the proceedings and any complainant are entitled to be present and to make
   submissions.
5. Even if a hearing of the Tribunal is otherwise held in private, the Tribunal
   may allow any particular person to attend it if satisfied that he or she has a
   particular interest in the matter to be heard.
6. An order made under this section continues in force---
   1. until a time specified in it; or
   2. if no time is specified, until revoked under section 79.
7. This section does not prevent the Tribunal from deliberating in private as
   to its decision, or as to any question arising in the course of a hearing.
8. Orders cannot be made under paragraph (c) or paragraph (d) of subsection
   (2) in respect of---
   1. any communication made by or on behalf of the Health and Disability
      Commissioner under the Health and Disability Commissioner Act 1994 that does not
      contain information identifying, or capable of identifying, an individual; or
   2. the publication of the effect of any order.

1. This section applies to evidence to be given by a witness at a hearing by
   the Tribunal that---
   1. relates to or involves a sexual matter; or
   2. in the Tribunal's opinion, relates to or involves some other matter that may
      require the witness to give intimate or distressing evidence.
2. Before a witness at a hearing by the Tribunal begins to give oral evidence
   to which this section applies, the presiding officer must---
   1. tell the witness that he or she has a right to give the evidence in private;
      and
   2. ask if the witness wishes to give the evidence in private.
3. If the witness wishes to give the evidence in private, the presiding officer
   must---
   1. ensure that only people referred to in subsection (4) are present in
      the room in which the hearing is being held; and
   2. tell the witness that he or she has a right to request the presence of any
      person of his or her choice who agrees to be present; and
   3. tell the social worker that he or she has a right to request the presence of
      any person of his or her choice who agrees to be present.
4. If the witness wishes to give the evidence in private, only the following
   people may be present in the room while the witness is giving the evidence:
   1. a member or officer of the Tribunal:
   2. the social worker concerned:
   3. the person prosecuting the charge:
   4. any barrister or solicitor engaged in the proceedings:
   5. if the social worker's representative is not a barrister or solicitor, the
      representative:
   6. any person responsible to the Tribunal for recording the proceedings:
   7. any accredited news media reporter:
   8. 1 person of the witness' choice who agrees to be present:
   9. 1 person of the social worker's choice who agrees to be present:
   10. any other person expressly permitted by the Tribunal to be present.
5. The witness may object to the presence of a person of the social worker's
   choice (or a particular person of the social worker's choice); and in that case
   a person of the social worker's choice (or the particular person) may not be
   present in the room while the witness is giving the evidence.
6. If it thinks that the interests of the witness require it to do so, the
   Tribunal may make an order under section 77(2)(b) forbidding publication
   of any report or account of any part of the evidence relating to acts---
   1. that are alleged to have been performed on or in respect of the witness; or
   2. that the witness is alleged to have been compelled or induced to perform.
7. This section does not limit or affect section 77.

1. Any person may apply to the Tribunal that made an order under section
   77 for the revocation of the order.
2. The application may be made by a person who was a party to the proceedings
   in which the order was made, or any other person.
3. The Tribunal may grant or refuse the application as it thinks fit.

1. The Tribunal may make an order under section 81 in respect of a
   registered social worker if, after conducting a hearing on a charge laid against
   the social worker, it is satisfied that the social worker---
   1. has been guilty of professional misconduct; or
   2. has been guilty of conduct that---
      1. is unbecoming of a social worker; and
      2. reflects adversely on the social worker's fitness to practise as a social
         worker; or
   3. has been convicted by a court (in New Zealand or elsewhere) of an offence
      that---
      1. is punishable by imprisonment for a term of 3 months or longer; and
      2. was committed in circumstances that reflect adversely on the social worker's
         fitness to practise as a social worker; or
   4. has failed to comply with restrictions on his or her registration, or
      restrictions stated under section 75(1)(b).
2. A registered social worker is guilty of professional misconduct if he or
   she---
   1. breaches the code of conduct; or
   2. claims or holds himself or herself out to be registered while not holding a
      current practising certificate.
3. The Tribunal must not make an order under section 81 in respect of an
   offence for which a registered social worker was convicted if, when the Board
   decided he or she should be registered, it was---
   1. aware of the conviction; and
   2. adequately informed of the circumstances of the offence.
4. A registered social worker is not guilty of a disciplinary offence just
   because he or she has practised honestly and in good faith a theory of social
   work that is not in conflict with the code of conduct.

1. If satisfied of any matter referred to in section 80(1), the Tribunal
   may make any or all of the following orders:
   1. an order that---
      1. the registration of the registered social worker concerned be cancelled, or
         suspended for a period of not more than 12 months; or
      2. for a period of not more than 3 years, he or she may practise as a social
         worker only in accordance with stated restrictions (as to employment,
         supervision, or otherwise):
   2. an order that he or she is censured:
   3. an order that he or she pay a fine of not more than $10,000 to the Board:
   4. an order that he or she undergo stated additional training, professional
      development, or both:
   5. an order that he or she pay part or all of the costs and expenses of and
      incidental to any or all of the following:
      1. any investigation made by the Health and Disability Commissioner under the
         Health and Disability Commissioner Act 1994 in relation to the subject matter of
         any charge concerned:
      2. any inquiry made by a complaints assessment committee in relation to the
         subject matter of any charge concerned:
      3. the prosecution of any charge concerned by the Director of Proceedings or
         complaints assessment committee:
      4. the hearing concerned.
2. The Tribunal must not make an order that the social worker's registration be
   cancelled unless it finds him or her guilty of gross or severe professional
   misconduct.
3. In dealing with a matter that constitutes an offence for which the social
   worker has been convicted by a court, the Tribunal must not impose a fine.
4. The Tribunal must have regard to the amount of any award of damages against
   the social worker under section 57 of the Health and Disability Commissioner Act
   1994 in respect of the conduct concerned, when determining---
   1. whether to make an order that he or she pay a fine; or
   2. the amount of any fine.

1. When making an order that the registration of a registered social worker be
   cancelled, the Tribunal may do either or both of the following things:
   1. fix a date before which he or she may not apply for registration again:
   2. impose 1 or more conditions that he or she must satisfy before he or she may
      apply for registration again.
2. The conditions may include any or all of the following:
   1. a condition that the person undertake a specified course of education or
      training:
   2. a condition that the person undergo---
      1. any specified medical examination and treatment; or
      2. any specified psychological or psychiatric examination, counselling, or
         therapy:
   3. a condition that the person attend any specified course of treatment or
      therapy for alcohol or drug abuse:
   4. any other condition designed to address the matter that gave rise to the
      cancellation of the person's registration.
3. The Tribunal must not impose a condition under paragraph (b) or paragraph
   of (c) subsection (2), unless the person consents to the examination,
   treatment, counselling, or therapy concerned.
4. If the Tribunal fixes a date before which the person may not apply for
   registration again, no application for registration from him or her may be
   received or considered before that date.
5. Subsection (2) does not limit subsection (1)(b).

1. An order of the Tribunal must---
   1. be in writing; and
   2. contain a statement of the reasons for it; and
   3. be signed by the presiding officer at the hearing.
2. The Registrar must ensure that a copy of the order is given to---
   1. the person or body who laid the charge; and
   2. the social worker concerned; and
   3. any complainant.
3. The order takes effect from the day on which a copy is given to the social
   worker, or any later date specified in it.

1. The Board---
   1. must pay---
      1. all the costs of the Tribunal; and
      2. all the costs of every complaints assessment committee; and
      3. all costs of and incidental to any hearing before the Tribunal; but
   2. may use any money paid to it under an order under section 81(1) to
      reimburse itself for its payments.
2. To fund the costs referred to in subsection (1)(a) (less any payments
   made to it), the Board may impose a levy, to be called the disciplinary levy,
   under section 107.

1. All costs and expenses of the Health and Disability Commissioner or Director
   of Proceedings ordered to be paid under subparagraph (i) or subparagraph
   (iii) of section 81(1)(e), are recoverable by the Health and Disability
   Commissioner as a debt due to the Health and Disability Commissioner.
2. All other fines, costs, and expenses ordered to be paid under section
   81(1) are recoverable by the Board as a debt due to the Board.

1. A person may appeal to a District Court against any decision or direction of
   the Board under this Act that adversely affects him or her (not being a decision
   or direction affecting a person only because he or she is a person of a
   particular kind or description).
2. A person may appeal to a District Court against the whole or any part of a
   decision or order made in relation to him or her under Part 4 (other than
   a determination of a complaints assessment committee).
3. For the purposes of subsection (2),---
   1. a decision or order includes a decision to decline to make an order; and
   2. a decision or order made in relation to a charge laid by the Director of
      Proceedings or a complaints assessment committee is made in relation to the
      Director of Proceedings or a complaints assessment committee (as well as any
      other person).
4. The appeal---
   1. must be brought by way of notice of appeal in accordance with rules of
      court; and
   2. must be lodged within 20 working days after notice of the decision or order
      is communicated to the appellant, or within any further time a District Court
      Judge allows on application made before or after the period
      expires.

1. An appeal under this Part must be heard as soon as is reasonably practicable
   after it is lodged.
2. On hearing the appeal, a District Court---
   1. may confirm, reverse, or modify the decision or order appealed against; and
   2. may make any other decision or order that the person or body that made the
      decision or order appealed against could have made.
3. The District Court must not review---
   1. any part of a decision or order not appealed against; or
   2. any decision or order not appealed against at all.

1. A District Court's decision on an appeal under this Part is final.
2. Subsection (1) is subject to section 94.

1. Instead of determining an appeal under this Part, a District Court may
   direct the person or body whose decision or order is appealed against to
   reconsider, either generally or in respect of any specified aspect, the whole or
   any part of it.
2. The court---
   1. must state its reasons for its direction; and
   2. may give any other directions it thinks just as to the matter referred back
      for reconsideration.
3. The person or body---
   1. must reconsider the matter; and
   2. in doing so, must---
      1. take the court's reasons into account; and
      2. give effect to the court's directions.

1. On any appeal under this Part, a District Court may, if in its opinion it is
   proper to do so, prohibit the publication of the name or particulars of the
   affairs of a registered social worker or any other person.
2. In deciding whether to make an order under subsection (1), the Court
   must have regard to---
   1. the interests of any person (including, without limitation, the privacy of
      any complainant); and
   2. the public interest.

1. A party to an appeal under this Part may appeal to the High Court on a
   question of law only, if dissatisfied with any decision of the District Court as
   being erroneous in law.
2. The appeal must be heard and determined in accordance with rules of court.
3. Part IV of the Summary Proceedings Act 1957 (together with the other
   provisions of that Act that are applied in that Part) applies to the appeal---
   1. so far as it is applicable and with all necessary modifications; but
   2. only so far as it relates to appeals on questions of law.
4. Subsection (3) overrides subsection (2).

1. The Board---
   1. is a body corporate; and
   2. is a Crown entity for the purposes of the Public Finance Act 1989.
2. Subject to this Act, any other enactment, and the general law, the Board---
   1. has full capacity to carry on any activity, do any act, or enter into any
      transaction; and
   2. for the purposes of paragraph (a), has full rights, powers, and privileges.
3. The Board may exercise its powers only for performing its functions.

1. The functions of the Board are---
   1. to receive applications for registration:
   2. to authorise the registration of social workers:
   3. to maintain the Register:
   4. to consider applications for practising certificates referred to it by the
      Registrar:
   5. to recognise New Zealand educational qualifications for the purposes of this
      Act:
   6. to review the competence of social workers:
   7. to establish and maintain a code of conduct for registered social workers:
   8. in consultation with providers of social work education and training in New
      Zealand, to promote and set standards for such education and training for the
      purposes of this Act:
   9. to promote the benefits of registration---
      1. to departments of State, other instruments of the Crown, other bodies and
         organisations that employ social workers, and the public; and
      2. among people practising as social workers:
   10. to advise, and make recommendations to, the Minister in respect of matters
       relating to the regulation of the social work profession:
   11. to appoint the members of the Tribunal:
   12. to promote and encourage high standards of practice and professional conduct
       among registered social workers and the employers of social workers:
   13. to consider the cases of registered social workers who may be unable to
       perform adequately the functions required to practise social work
       satisfactorily:
   14. subject to this Act, to disclose to the employers or prospective employers
       of social workers information it has obtained under this Act relating to people
       who are or have been---
       1. applicants for registration; or
       2. registered social workers:
   15. to provide administrative and related services for the Tribunal:
   16. any other functions conferred or imposed on it by or under this Act or any
       other enactment.
2. Subsection (1)(g) does not limit or affect the functions or powers of
   any department of State.
3. Subsection (1)(n) does not apply to information required by this Act
   to be kept confidential.

1. the aims and aspirations of Maori, and the need for the appropriate
   involvement of Maori, as tangata whenua; and
2. the aims and aspirations of Pacific people, and the need for the appropriate
   involvement of Pacific people in the social work profession; and
3. the employment requirements of Maori and Pacific people.

1. the views of Maori as tangata whenua; and
2. the views of Pacific people.

1. The Minister may require the Board to give effect to the policy of the
   Government, by giving it written notice that it is required to give effect to a
   policy stated in the notice.
2. The Board must give effect to any applicable policy of the Government (as
   required under subsection (1)) in exercising its powers and performing
   its functions (whether under this Act or any other enactment).
3. The Minister must consult the Board before requiring it to give effect to a
   policy of the Government.
4. In requiring the Board to give effect to a policy of the Government, the
   Minister must not give the Board a notice---
   1. relating to the registration of social workers; or
   2. relating to a matter in respect of which an enactment other than this Act
      expressly requires it to act independently; or
   3. requiring it, in respect of a particular person, to---
      1. make a particular decision, do or refrain from doing a particular act, or
         bring about a particular result; or
      2. make a decision of a particular kind, do or refrain from doing an act of a
         particular kind, or bring about a result of a particular kind.

1. Promptly after requiring the Board to give effect to a policy of the
   Government, the Minister must publish a copy of the notice in the
   Gazette.
2. Within 12 sitting days after requiring the Board to give effect to a policy
   of the Government, the Minister must present a copy of the notice to the House
   of Representatives.
3. If given notice under section 100 requiring it to give effect to a
   policy of the Government, the Board must prepare and give to the Minister for
   approval a draft plan stating how it proposes to give effect to the policy.
4. Within 12 sitting days after approving a draft plan given under
   subsection (3), the Minister must present a copy of the approved plan to
   the House of Representatives.

1. As soon as is practicable after the expiry of the period of 3 years
   beginning on the commencement of this Part, and then at intervals of not more
   than 5 years, the Board must---
   1. review the operation of this Act, and its own operations, since---
      1. the commencement of this Part (in the case of the first review carried out
         under this paragraph); and
      2. the date of the last review carried out under this paragraph (in the case of
         every later review); and
   2. consider---
      1. the extent to which this Act is achieving the purposes stated in
         paragraphs (a) and (e) of section 3; and
      2. whether any amendments to this Act are necessary or desirable; and
   3. report its findings to the Minister.
2. Within 12 sitting days after receiving the report, the Minister must present
   a copy to the House of Representatives.

1. The Board must issue and maintain a code of conduct covering the minimum
   standards of integrity and conduct that---
   1. are to apply to registered social workers; and
   2. should apply generally in the social work profession.
2. Before it issues or amends the code of conduct, the Board must consult---
   1. organisations and individuals that, in its opinion, represent social
      workers; and
   2. organisations and individuals that, in its opinion, represent employers of
      social workers.

1. The Board comprises---
   1. 6 registered social workers; and
   2. 4 other people.
2. Before the commencement of Parts 2 to 4, the references in
   subsection (1)(a), section 52(1)(b), and clause 36(a) of Schedule
   1 to registered social workers must be read as references to people
   practising social work.

1. As soon as is practicable after the end of each financial year, the Board
   must give the Minister a report on its operations for that year, and on any
   other matters affecting the social work profession it thinks fit.
2. The report must---
   1. for each member, the total value of the remuneration and other benefits
      received by the member from the Board in the financial year; and
   2. the number of employees who, during the financial year, received
      remuneration and other benefits in their capacity as employees, the total value
      of which exceeded $100,000, and the number of those employees in brackets of
      $10,000; and
   3. for each member of a committee of the Board who is neither a member nor an
      employee of the Board, the total value of the remuneration and other benefits
      received by the committee member from the Board in the financial year; and
   4. the number of members of the Board, members of a committee of the Board, and
      employees of the Board who, during the financial year, received any compensation
      or other benefits on termination, and the total value of the compensation or
      other benefits.
3. The Minister must present a copy of the report to the House of
   Representatives in accordance with section 44A of the Public Finance Act 1989.

1. The Board may from time to time, by notice in the Gazette, set fees payable
   in respect of the following matters:
   1. applications for registration:
   2. additions or alterations to the Register:
   3. the issue of practising certificates:
   4. the issue of other certificates:
   5. the issue of copies of certificates:
   6. the supply of a copy of an entry in the Register:
   7. inspecting the Register, or any other document kept by the Board that is
      open for inspection:
   8. supplying to any registered social worker any document, other than a
      certificate of registration, required by him or her for the purpose of seeking
      registration overseas:
   9. sitting any examination set or approved by the Board:
   10. the conduct of competence assessments:
   11. any other matter relating to anything the Board is required to do in order
       to carry out its functions.
2. The notice may exempt people of any kind or description from liability to
   pay any fee, and may provide for the waiver or refund of any fee.

1. The Board may from time to time, by notice in the Gazette, impose on every
   registered social worker a levy of any amount it thinks fit for the purpose of
   investigations and other proceedings concerning discipline under this Act.
2. The notice may exempt people of any kind or description from liability to
   pay the levy, and may provide for the waiver or refund of the levy.

1. The Board may at any time, by notice in the Gazette, amend or revoke
   any notice published under section 106 or section 107.
2. Every notice published under section 106, section 107, or this
   section comes into force on a day stated in it, being a day at least 28 days
   after the date of publication of the notice.

4. Every notice published under section 106, section 107, or this section is a
   regulation for the purposes of the Regulations (Disallowance) Act 1989, but not
   for the purposes of the Acts and Regulations Publication Act 1989.
5. Every fee set under section 106 and every levy imposed under
   section 107 is payable to the Board, and recoverable by the Board as a
   debt due to the Board.
6. The Registrar may decline to do or permit to be done any act in respect of
   which a fee is payable to the Board under this Act, until the fee is paid.

1. signed by the person who presided at the meeting, or over the telephone
   conference, where the resolution to give it was passed; or
2. in the case of a resolution assented to under clause 39 of Schedule
   1, signed by the members who assented to it.

1. to administer the complaints process concerning registered social workers
   established by this Act; and
2. to exercise the disciplinary powers over registered social workers conferred
   by this Act; and
3. any other functions conferred or imposed on it by or under this Act or any
   other enactment.

1. The Tribunal comprises---
   1. the following members appointed by the Board:
      1. a chairperson and 1 or more deputy chairpersons; and
      2. at least 1 barrister or solicitor of the High Court of not less than 7
         years' practice (whether or not he or she holds or has held judicial office);
         and
      3. 5 other members; and
   2. at least 1 lay person appointed by the Minister.
2. A member of the Board is not eligible to be a member of the Tribunal.

1. have regard not only to his or her qualifications but also to his or her
   knowledge and experience of matters likely to come before the Tribunal; and
2. have regard to the need to ensure that the Tribunal has---
   1. enough members who are registered social workers; and
   2. enough members who are not registered social workers; and
3. have regard to the need to ensure that the Tribunal has---
   1. enough people who represent Maori; and
   2. enough people who represent other ethnic groups.

1. The Board must remove a person from the Tribunal if---
   1. he or she is adjudged bankrupt under the Insolvency Act 1967; or
   2. 5 years has elapsed since the date on which he or she was appointed to the
      Tribunal; or
   3. he or she gives the Board written notice asking to be removed from the
      Tribunal.
2. The Board may remove a person from the Tribunal if the chairperson
   recommends his or her removal---
   1. because the person is unable to perform his or her duties adequately; or
   2. for neglect of duty or misconduct, proved to the chairperson's satisfaction.
3. A person may not be removed from the Tribunal under paragraph (b) or
   paragraph (c) of subsection (1) until any hearings in respect of which that
   person was appointed to the Tribunal have concluded.
4. No person is entitled to compensation for removal from the Tribunal.

1. For the purposes of a particular hearing, the Tribunal comprises,---
   1. as presiding officer, the chairperson of the Tribunal or (if the chairperson
      so decides) a deputy chairperson chosen by the chairperson; and
   2. the member of the Tribunal appointed under section 114(1)(a)(ii) (or,
      if 2 or more members are appointed, 1 of those members chosen by the
      chairperson); and
   3. of the 5 members of the Tribunal appointed under section
      114(1)(a)(iii), 2 members chosen by the chairperson; and
   4. the member of the Tribunal appointed under section 114(1)(b) (or, if
      2 or more members are appointed, 1 of those members chosen by the chairperson).
2. A hearing of the Tribunal---
   1. must be held at times and places the Tribunal or the presiding officer
      appoints for it; and
   2. may be adjourned from time to time and from place to place by the Tribunal
      or the presiding officer.
3. A hearing of the Tribunal must not take place unless all its members for the
   hearing are present; but a decision of a majority of those members is the
   decision of the Tribunal for the purposes of the hearing.