This Bill establishes a regulatory framework for the registration of social workers in New Zealand. The framework will apply across all the sectors where social workers are employed - in government and non-government agencies, and in private practice.

The measures in the Bill are designed to protect the safety of members of the public by introducing a system for the registration of social workers. Registration will improve the quality of social work services, as fitness and competence to practise are key prerequisites to registration, and registered social workers will be made accountable for their practice through a new complaints and disciplinary process.

Provisions of the Bill relating to the proposed new Social Workers Registration Board (the Board) will come into force 12 months after assent, to allow time for its establishment. After the Board has been established, and an implementation period during which it will set standards and establish processes for registration and competence assessments, it will be in a position to accept and process applications for registration, and eventually to appoint a Complaints and Disciplinary Tribunal (the Tribunal) to consider complaints made against registered social workers.

The other operative provisions of the Bill will then be brought into force by Order in Council.

The Bill---

• establishes a regulatory framework for registration of all social workers in New Zealand based on an individual's competence and fitness to practise:
• establishes a disciplinary process, including a process for making complaints about a registered social worker:
• establishes a process for appealing against decisions relating to the registration of social workers:
• establishes a board to register social workers and promote the registration system:
• establishes a tribunal to consider complaints about registered social workers:
• establishes a register of social workers:
• provides for the promotion of the benefits of registration to government departments, other instruments of the Crown, other bodies and organisations that employ social workers, and the public, and among people practising as social workers.

Clause 1 relates to the Bill's Title.

Clause 2 provides for the Bill's commencement.

Clauses 95 to 111 and Schedule 1 come into force 12 months after assent.

Clauses 3 to 94 and 112 to 147, and Schedules 2 and 3, will be brought into force by Order in Council.

The rest of the Bill comes into force on the day after assent.

Clause 3 states the Bill's purpose, which is---

• to protect the safety of members of the public, by prescribing or providing for mechanisms to ensure that social workers are competent to practise, and accountable for how they practise:

• to create a framework for the registration of social workers in New Zealand, and establish a board to register social workers and a tribunal to consider complaints about registered social workers:

• to provide for the Board to promote the benefits of registration of social workers to departments of State, other instruments of the Crown, other bodies and organisations that employ social workers, and the public, and among social workers:

• to enhance the professionalism of social workers.

Clause 4 defines certain terms used in the Bill.

Clause 5 provides that the Bill binds the Crown.

Clause 6 states the entitlement to registration of New Zealand-qualified social workers. A person who has a New Zealand qualification recognised by the Board is entitled to be registered if the Board is satisfied that he or she---

• has enough practical experience in practising social work; and

• is competent to practise social work; and

• is a fit and proper person to practise social work.

Clause 7 states the entitlement to registration of overseas-qualified social workers. A person who does not have a New Zealand qualification recognised by the Board is entitled to be registered if the Board is satisfied that he or she---

• has an overseas qualification equivalent to a recognised New Zealand qualification; and

• either is registered or licensed as a social worker overseas, or has good reasons for not being registered or licensed overseas; and

• has satisfactorily completed training ensuring that he or she is competent to practise social work with different ethnic groups in New Zealand; and

• can speak and write English reasonably effectively, and understand spoken and written English reasonably well; and

• has enough practical experience in practising social work; and

• is competent to practise social work; and

• is a fit and proper person to practise social work; and

• intends to live and practise social work in New Zealand.

Clause 8 provides for the making of applications for registration.

Clause 9 requires the Board to consider applications for registration, and decide---

• whether applicants should be registered; and

• if so, whether they should be registered fully, provisionally, or temporarily and whether they should be registered with or without restrictions or conditions.

Clause 10 relates to provisional registration and its duration.

Clause 11 relates to temporary registration and its duration.

People registered temporarily must always be registered subject to restrictions relating to the institution or place where they intend to work.

Clause 12 provides that applicants should be registered fully only if they meet the criteria in clause 6 or clause 7.

Clause 13 is an exception to clause 12, and provides that applicants who do not have a recognised New Zealand qualification or an overseas equivalent may be registered fully if the Board is satisfied that---

• their practical experience in practising social work in New Zealand is enough to compensate for the lack of such qualifications; and

• they are competent to practise social work; and

• they are fit and proper people to practise social work.

Clause 14 provides that applicants may be registered provisionally if they---

• are competent to practise social work; and

• are fit and proper people to practise social work; and

• meet some of the other criteria in clause 6 or clause 7, and are in the process of working towards meeting the rest of them; and

• in the case of applicants who have previously held a provisional certificate of registration, have already made satisfactory progress in working towards meeting all the criteria in clause 6 or clause 7, or have good reasons for not having made satisfactory progress in doing so.

Clause 15 provides that applicants may be registered temporarily if they---

• are fit and proper people to practise social work; and

• can speak and write English reasonably effectively, and understand spoken and written English reasonably well; and

• will be visiting New Zealand temporarily, and wish to practise social work at a particular institution or place in New Zealand; and

• have enough knowledge and practical experience of social work to practise social work at the institution or place concerned.

Clause 16 requires that if in the past the Tribunal has imposed conditions that a person must meet before being re-registered, those conditions must also be satisfied.

Clause 17 requires the Board to give reasons if it decides that an applicant should be registered subject to restrictions or conditions, or should not be registered.

Clause 18 requires the Registrar to register successful applicants.

Clause 19 requires the Registrar to notify unsuccessful applicants of the Board's decision that they should not be registered, and its reasons for the decision.

Clause 20 requires the Registrar to give successful applicants certificates of registration, on application and payment of the prescribed fee.

Clause 21 provides that if a registered social worker's registration is cancelled or suspended his or her certificate of registration is cancelled, and must be given to the Registrar. Also, if a registered social worker is notified that restrictions or conditions (or varied restrictions or conditions) have been placed on his or her registration---

• the certificate of registration must be given to the Registrar; and

• a new certificate, containing the appropriate restrictions or conditions, must be issued in its place.