Registration of social workers 11/13

Part 7
Register and Registrar

Register of Social Workers

Register of social workers
The Board must maintain a register of
social workers.
Register to be maintained in parts
The Registrar must maintain the
Register in 3 separate parts---
1. 1 for information relating to people who do not hold a limited certificate;
  and
2. 1 for information relating to people who hold a provisional certificate of
  registration; and
3. 1 for information relating to people who hold a temporary certificate of
  registration.
Information to be registered
1. The information to be entered in the Register in respect of a person is---
  1. the person's name:
  2. the person's home or work address:
  3. particulars of the qualifications by virtue of which the person is
    registered:
  4. the type of registration the person holds:
  5. the date on which the Board decided that the person should be registered:
  6. the date of registration:
  7. any other matters prescribed by regulations made under this Act:
  8. any other matters the Board thinks appropriate.
2. The home or work address must be the physical address of the premises
  concerned.
3. The following information must also be entered in the Register in respect of
  a person who is registered:
  1. any current conditions subject to which the person is registered:
  2. if the person's registration is suspended,---
    1. the fact that it is suspended; and
    2. any current conditions relating to its suspension:
  3. particulars of all practising certificates issued to the person:
  4. any conditions subject to which the person's current practising certificate
    was issued:
  5. if the person's current practising certificate is suspended,---
    1. the fact that it is suspended; and
    2. any current conditions relating to its suspension.
4. The Registrar must make all amendments to the Register necessary to
  reflect---
  1. any changes in the information referred to in subsection (1)(d) or
    subsection (3):
  2. any changes notified to the Registrar in any other information referred to
    in subsection (1).
Certificates of registered information
On payment of the fee (if any)
set by the Board, the Registrar must give a person who asks for it a
certificate---
1. stating all the current information then entered in the Register in relation
  to a particular person (other than his or her home address); and
2. stating that it is all the current information then entered in the Register
  in relation to the person (other than his or her home address); and
3. signed and dated by the Registrar.
Social workers to notify changes of address
1. A registered social worker whose home address is entered in the Register
  must, within 1 month after starting to live at some other place, give the
  Registrar written notice of---
  1. his or her new home address; or
  2. his or her work address.
2. A registered social worker whose work address in entered in the register
  must, within 1 month after starting to work at some other place, give the
  Registrar written notice of---
  1. his or her new work address; or
  2. his or her home address.
Changes of name
If satisfied that a registered social worker has
changed his or her name, or that it is wrongly entered in the Register, the
Board must direct the Registrar to correct the entry in the Register relating to
the social worker.
Social worker may ask for registration to be cancelled
1. On the written application of a registered social worker, the Board may
  direct the Registrar to cancel the entry in the Register relating to the social
  worker.
2. The Board must not direct the Registrar to cancel the entry in the Register
  relating to a registered social worker if disciplinary action against the social
  worker under this Act has begun or is pending.
Entry to be cancelled on death of social worker
1. Promptly after receiving a doctor's certificate relating to the death of a
  person who appears to have been a registered social worker, a registrar under
  the Births, Deaths, and Marriages Registration Act 1995 must give the Registrar
  written notice of the death, with particulars of its date and place.
2. If there is an entry in the Register relating to the person, the Registrar
  must, as soon as is practicable after receiving the notice, cancel it.
3. The Board may direct the Registrar to cancel the entry in the Register
  relating to a registered social worker if it believes on reasonable grounds
  (other than having received a doctor's certificate) that a registered social
  worker has died.
4. In subsection (1), doctor's certificate has the meaning given to that term
  by section 2 of the Births, Deaths, and Marriages Registration Act 1995.
Revision of Register
1. The Registrar may at any time, and must if the Board directs, ask whether a
  registered social worker---
  1. has stopped practising social work; or
  2. for some other reason wishes to have the entry in the Register relating to
    him or her cancelled.
2. The Registrar must ask by registered letter addressed to the registered
  social worker at his or her last known address.
3. If the registered social worker tells the Registrar in writing that he or
  she has stopped practising social work, or for some other reason wishes to have
  the entry in the Register relating to him or her cancelled, the Board must
  direct the Registrar to cancel the entry in the Register relating to the social
  worker.
4. If the Registrar does not receive a reply to the letter within 6 months
  after it was posted, or if the letter is returned to the Registrar undelivered,
  the Board may direct the Registrar to cancel the entry in the Register relating
  to the social worker.
Restoration of entries
1. This section applies to a person if the entry in the Register relating to
  him or her has been cancelled under section 126(3), or subsection (3)
  or subsection (4) of section 127.
2. On the written application of a person to whom this section applies, the
  Board must direct the Registrar to restore the entry in the Register relating to
  the person.
Cancellation of registration of overseas qualified person for non-residence
in New Zealand
1. The Board may direct the Registrar to cancel the entry in the Register
  relating to a registered social worker who is registered by virtue of being
  entitled to registration under section 7, if it believes on reasonable
  grounds that he or she---
  1. has in any period of 3 consecutive years since being registered resided
    outside New Zealand for a period of 6 consecutive months; and
  2. intends to continue to reside overseas.
2. This section does not apply to---
  1. a period before the commencement of this section during which a person
    resided outside New Zealand; or
  2. any period of not more than 3 years during which a person resided outside
    New Zealand while undertaking post-graduate study in social work or a subject
    related to social work.
3. The Board must direct the Registrar to restore the entry in the Register
  relating to a registered social worker whose entry has been cancelled under this
  section if---
  1. the social worker applies to the Board in writing to have the entry
    restored; and
  2. the Board is satisfied that he or she intends to reside in New Zealand.
4. The direction to restore the entry may be made subject to the person's
  competence to practise social work being found satisfactory under Part 3.
Cancellation of registration on Board's direction
1. The Board may direct the Registrar to cancel the entry in the Register
  relating to a registered social worker, and give him or her notice of the
  cancellation, if it is satisfied that he or she---
  1. obtained registration by making a false or misleading representation or
    declaration (whether oral or written); or
  2. was not entitled to be registered.
2. If no appeal against the order has been made within the time provided by
  this Act, the Board may direct the Registrar to notify the cancellation in any
  publications the Board directs.
Removal of qualifications, or cancellation of registration, overseas
1. The Board may review the registration of a registered social worker who is
  registered by virtue of being entitled to registration under section 7,
  if satisfied that---
  1. the educational establishment that gave him or her the overseas
    qualification equivalent to a recognised New Zealand qualification has cancelled
    or suspended it (or taken action equivalent to cancelling or suspending it); or
  2. an overseas authority that maintains a register of people registered or
    licensed as social workers (or as practitioners of a profession equivalent to
    that of a social worker) has---
    1. removed his or her name from that register; or
    2. suspended his or her registration; or
    3. taken action equivalent to removing his or her name from that register or
      suspending his or her registration.
2. The Board must take all reasonably practicable steps to ensure that the
  registered social worker is given---
  1. written notice containing enough details to inform him or her clearly of the
    substance of the grounds on which the Board has decided to carry out the review;
    and
  2. any information in the Board's possession relating to the cancellation,
    suspension, or removal concerned; and
  3. a reasonable opportunity to make written submissions and be heard on the
    matter, either personally or by a representative.
3. Except as provided in subsection (2), the form of the review is at
  the Board's discretion.
4. After the review, the Board, if it thinks it appropriate to do so,---
  1. may direct the Registrar to note in the Register the cancellation,
    suspension, or removal concerned; and
  2. may either---
    1. suspend the registered social worker's registration for any period it thinks
      fit, and direct the Registrar to note the suspension in the Register; or
    2. direct the Registrar to cancel the entry in the Register relating to the
      registered social worker.
5. The Registrar must take all reasonably practicable steps to ensure that the
  registered social worker is given a copy of any order under subsection
  (4).
Cancellation or suspension not to affect existing liabilities
1. The cancellation of the entry in the Register relating to a registered
  social worker does not affect his or her liability for any act or default
  occurring before the cancellation.
2. The suspension of a registered social worker's registration does not affect
  his or her liability for any act or default occurring before the suspension.
Board to publish Register
1. The Board must from time to time publish the Register, in any form it thinks
  fit.
2. The publication must not contain the home addresses of registered social
  workers.
3. Publication may be in printed or electronic form.
4. The Board may publish the Register with some of the information it contains
  abbreviated, so long as all abbreviations are explained or easily
  understandable.
5. Subsections (3) and (4) do not limit the generality of subsection
  (1).
Inspection of Register
1. The Registrar must keep the published form of the Register open for public
  inspection at the offices of the Board during its ordinary office hours.
2. The Registrar must ensure that there are available at the offices of the
  Board during its ordinary office hours---
  1. copies of the published form of the Register; or
  2. suitable facilities for obtaining print-outs of the published form of the
    Register.
3. The Registrar---
  1. may refuse to allow a person to inspect the published form of the Register
    if the person does not pay the fee (if any) set by the Board for inspecting it;
    and
  2. may refuse to give a copy or print-out of the published form of the Register
    or any part of it to any person who does not pay the fee (if any) set by the
    Board for such a copy or print-out.

Registrar

Board to appoint Registrar
1. The Board must ensure that there is at all times a Registrar of the Register
  of Social Workers appointed under clause 48 of Schedule 1.
2. The Registrar may be the same person as the secretary of the Board.
Registrar to carry out Board's decisions and comply with directions of Board
and Tribunal
1. The Registrar must make the appropriate entry in the Register if---
  1. the Board---
    1. cancels or suspends a registered social worker's registration; or
    2. cancels the suspension of a registered social worker's registration; or
    3. imposes conditions or restrictions on a registered social worker's
      registration; or
    4. cancels or varies any conditions or restrictions imposed on a registered
      social worker's registration; or
    5. imposes conditions on a registered social worker's practising certificate;
      or
    6. cancels or varies any conditions imposed on a registered social worker's
      practising certificate; or
  2. the Tribunal makes an order that---
    1. a registered social worker's registration be cancelled or suspended; or
    2. for a stated period, he or she may practise as a social worker only in
      accordance with stated restrictions.
2. If the Board or the chairperson of the Board gives the Registrar a direction
  under this Act, he or she must promptly comply with it.
3. Section 137 overrides subsection (2).
Registrar may refuse to issue certificate if fine or costs outstanding, or
fee not paid
1. The Registrar may refuse to issue a certificate of registration or
  practising certificate to a registered social worker who has not paid---
  1. a fine imposed on him or her under this Act; or
  2. any costs or expenses payable by him or her under an order made under this
    Act; or
  3. in the case of a practising certificate, any fee set by the Board.
2. A registered social worker who has been refused a certificate of
  registration or practising certificate under paragraph (a) or paragraph (b)
  of subsection (1) may, by written application to the Board, ask the Board to
  review the Registrar's decision; and in that case, the Board---
  1. must promptly review the Registrar's decision; and
  2. must either confirm it or direct the Registrar to issue a certificate of
    registration or practising certificate (as the case may be) to the registered
    social worker.
Notice of restrictions or conditions imposed on registration or certificate
of registration
The Board may direct the Registrar to give to any person
who employs a registered social worker or practises in association with a
registered social worker written notice of any restriction or conditions imposed
on his or her registration or certificate of registration.

Part 8
Miscellaneous, transitional, and
consequential provisions

Miscellaneous provisions

Certificate of Registrar to be evidence
1. In the absence of proof to the contrary, a certificate purporting to be
  signed by the Registrar is for all purposes sufficient evidence of---
  1. whether any person was or was not registered, or was or was not the holder
    of a practising certificate, at a time or during a period stated in the
    certificate:
  2. any entry in the Register:
  3. any act or proceeding of the Board, a committee of the Board, or a
    complaints assessment committee.
2. In the absence of proof to the contrary, a certificate purporting to be
  signed by the Registrar is for all purposes sufficient evidence of any matter
  stated in the certificate relating to the proceedings of the Tribunal.
Board may withhold information in certain circumstances
Nothing in
this Act requires the Board to make available to any person any information that
could be withheld under the Official Information Act 1982.
Exclusion of liability
1. This subsection applies to---
  1. the Board, a complaints assessment committee, and a committee appointed
    under clause 41 of Schedule 1; and
  2. a member, officer, legal adviser, agent, or employee of any of those bodies.
2. Unless it or he or she has acted in bad faith or without reasonable care, no
  body or person to which or whom subsection (1) applies is under any
  criminal or civil liability in respect of---
  1. any act done or omitted in the course of performing or exercising any
    function, duty, or power under this Act; or
  2. any words spoken or written for the purposes of the hearing of any inquiry
    or other proceedings under this Act; or
  3. anything contained in any notice given under this Act.
3. Unless a person has acted in bad faith or without reasonable care, he or she
  is not under any civil liability in respect of anything done or omitted, or for
  any words spoken or written, in the course of conducting or assisting in
  conducting a competence assessment.
4. Unless a person has acted in bad faith or without reasonable care, no civil,
  criminal, or disciplinary proceedings lie against him or her in respect of any
  report he or she makes under section 54(3).
Proceedings not invalid because of defect in appointment
1. This section applies to the Board, a complaints assessment committee, and
  the Tribunal.
2. No act or proceeding of a body to which this section applies, or of a person
  acting as a member of a body to which this section applies, is invalid
  because---
  1. there was a defect in the appointment of a person acting as a member of the
    body, or
  2. a person acting as a member of the body was incapable of being, or had
    ceased to be, a member of it.
Notice and service of documents
1. Unless this Act provides otherwise, if a provision of this Act or of any
  regulations made under it requires or authorises any notice or other document,
  or any notification, to be given to a person, the notice, document, or
  notification must be given in writing to the person---
  1. by delivering it personally to the person; or
  2. by sending it by pre-paid post addressed to the person at the person's usual
    or last known place of residence or business; or
  3. in any other manner a District Court Judge directs.
2. In the absence of proof to the contrary, a notice, document, or notification
  sent by post to a person in accordance with subsection (1)(b) must be
  treated as having been given to the person when it would have been delivered in
  the ordinary course of the post; and in proving the delivery, it is enough to
  prove the letter was properly addressed and posted.
3. If a person is absent from New Zealand, a notice, document, or notification
  given to the person's agent in New Zealand in accordance with subsection
  (1) must be treated as having been given to him or her.
4. If a person has died, the notice, document, or notification may be given, in
  accordance with subsection (1), to his or her personal representative.
Publication of orders
1. The Board may direct the Registrar to publish, in any publications it
  directs, a notice stating---
  1. the effect of any order it has made under this Act in respect of a social
    worker; and
  2. the name of the social worker.
2. If the Tribunal makes an order under this Act in respect of a social worker,
  the Registrar must publish, in any publications the Tribunal directs, a notice
  stating---
  1. the effect of the order; and
  2. the name of the social worker; and
  3. a summary of the proceedings in which the order was made.
3. If a court makes an order under this Act in respect of a social worker, the
  Registrar must publish, in any publications the court directs, a notice
  stating---
  1. the effect of the order; and
  2. the name of the social worker; and
  3. a summary of the proceedings in which the order was made.
4. There must not be published under subsection (2) or subsection (3)
  anything in respect of which an order has been made under section 77(2) or
  section 78(6).
5. Subsections (2) and (3) are subject to any order of a court.
Regulations
1. The Governor-General may, by Order in Council made on the advice of the
  Minister, make regulations for either or both of the following purposes:
  1. regulating the procedure of the Board, the Tribunal, or complaints
    assessment committees:
  2. providing for any other matters contemplated by this Act, necessary for its
    administration, or necessary for giving it full effect.
2. The Minister must not recommend the making of regulations without consulting
  the Board.
Offences relating to registration
1. Every person commits an offence, and is liable on summary conviction to
  imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000,
  who, for the purpose of obtaining registration or a practising certificate (for
  himself or herself or for any other person),---
  1. makes an oral or written declaration or representation that, to his or her
    knowledge, is false or misleading in a material particular; or
  2. produces a document to the Board, or otherwise uses a document, knowing that
    it contains a declaration or representation that, to his or her knowledge, is
    false or misleading in a material particular; or
  3. produces a document to the Board, or otherwise uses a document, knowing that
    it is not genuine.
2. Every person commits an offence, and is liable on summary conviction to
  imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000,
  who holds himself or herself out as a registered social worker when---
  1. he or she is not a registered social worker; or
  2. his or her registration is suspended.
3. Every registered social worker commits an offence, and is liable on summary
  conviction to imprisonment for a term not exceeding 3 months or a fine not
  exceeding $10,000, who---
  1. holds himself or herself out as holding a current practising certificate
    when---
    1. he or she does not hold a current practising certificate; or
    2. his or her current practising certificate is suspended; or
  2. fails or refuses to comply with---
    1. a restriction or condition on his or her registration; or
    2. a condition on his or her practising certificate.

Consequential amendments

Consequential amendments
The enactments specified in Schedule
3 are amended in the manner indicated in that schedule.

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Registration of social workers 11/13