Registration of social workers 5/13

Clause 57 empowers any person to make a complaint against a registered
social worker. The complaint may be made to the Health and Disability
Commissioner or the Registrar if it is about the provision of health services or
disability services. Otherwise, it must made to the Registrar.

Clause 58 provides that the Registrar must notify the chairperson of
the Tribunal of all complaints.

Clause 59 provides that the Registrar must notify the Health and
Disability Commissioner of all complaints about the provision of health services
or disability services made to the Registrar.

Clause 60 empowers the Health and Disability Commissioner to notify
the chairperson of the Tribunal of every complaint about the provision of health
services or disability services received under Part IV of the Health and
Disability Commissioner Act 1994 that is made against or directly involves a
registered social worker.

Clause 61 requires the registrar of a Court in which a person whom the
registrar knows is a registered social worker is convicted of an offence
punishable by imprisonment for a term of 3 months or longer to send a notice of
the conviction to the chairperson of the Tribunal, unless the Court expressly
orders otherwise.

Clause 62 provides that no action may be taken under Part 4
about a complaint that has been notified or referred to the Health and
Disability Commissioner until---

• the Commissioner notifies the chairperson of the Tribunal that the complaint
  is not to be investigated, or investigated further, under the Health and
  Disability Commissioner Act 1994, or has been resolved, or has been investigated
  and is not to be referred to the Director of Proceedings; or
• the Director of Proceedings notifies the chairperson that the Director of
  Proceedings has decided not to lay a charge under this Act in relation to the
  complaint.

Clause 62 provides that the chairperson of the Tribunal must refer a
complaint to a complaints assessment committee, unless---

• 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
• the chairperson is satisfied that it does not need to be pursued (in any
  other case).

The chairperson must refer every notice of conviction given under clause
61 to a complaints assessment committee.

Clause 64 empowers the chairperson of the Tribunal to appoint,
dissolve, and reconstitute complaints assessment committees. Each committee is
to comprise 2 registered social workers and 1 person who is not a registered
social worker.

Clause 65 provides that complaints assessment committees regulate
their procedures as they think fit, subject to---

• the rules of natural justice; and
• the Bill; and
• any regulations made under the Bill.

Clause 66 empowers a
complaints assessment committee to appoint a legal adviser, who---

• may be present at meetings; and
• may advise the committee on matters of law, procedure, or evidence; but
• must not be present during the committee's deliberations.

Clause 67 provides that when a complaint about, or a notice of
conviction of, a registered social worker is referred to a complaints assessment
committee,---

• the social worker must be given notice of the particulars of the complaint
  or notice, and the intended membership of the complaints assessment committee
  that is to consider it; and
• if there is a complaint, the complainant must also be given notice of the
  intended membership of the committee.

Clause 68 provides that a
social worker or complainant may request changes in the membership of a
complaints assessment committee. The chairperson of the Tribunal must consider
the request, and may reconstitute the committee.

Clause 69 requires a complaints assessment committee to consider a
complaint or notice about a registered social worker referred to it, and
determine whether---

• the Board should review the social worker's competence or fitness; or
• in the case of a complaint, the committee should submit it to conciliation;
  or
• the committee should submit the complaint or conviction to the Tribunal; or
• No further steps should be taken.

The committee---

• must give the social worker an opportunity to make a written explanation or
  statement; and
• may give the social worker an opportunity to appear before it to make an
  explanation or statement.

In the case of a complaint, the committee---

• must also give the complainant an opportunity to make a written statement;
  and
• may give the complainant an opportunity to appear before it to make a
  statement.

Clause 70 provides that if a complaints assessment committee
determines that a social worker's competence or fitness to practise should be
reviewed, or that a complaint should be submitted to conciliation, it must give
notice of the determination, and the reasons for it, to the Registrar and the
social worker (and in the case of a complaint, to the complainant).

If a complaints assessment committee makes a determination to submit a
complaint or conviction to the Tribunal, it must---

• frame an appropriate charge; and
• lay it before the Tribunal; and
• give notice of it to the social worker (and in the case of a complaint, to
  the complainant).

Clause 71 provides that 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 to resolve the complaint by agreement.

If the complaint is resolved by agreement, the committee must notify the
chairperson of the Tribunal.

If the complaint is not resolved by agreement, the committee must decide
whether---

• it should submit the complaint or conviction to the Tribunal; or
• No further steps should be taken.

If it decides to submit the complaint to the Tribunal, the committee must---

• frame an appropriate charge; and
• lay it before the Tribunal, together with a notice stating he matters on
  which the social worker and complainant did and did not reach agreement during
  conciliation; and
• give a copy of the charge and notice to the social worker and the
  complainant.

If the committee decides that no further steps should be taken,---

• No further steps may be taken under the Bill in relation to the complaint;
  and
• the committee must notify the social worker and complainant of the
  determination and the committee's reasons.

Clause 72 empowers a complaints assessment committee that lays a
charge before the Tribunal to recommend to the Tribunal that, pending the
determination of the charge,---

• the registration of the social worker concerned be suspended; or
• restrictions be imposed on the practice of social work by that social
  worker.