Hon Steve Maharey - Social Worker Registration

Hon Steve Maharey

Social Workers Registration Bill

Government Bill


  1. Title
    This Act is the Social Workers Registration Act 2001.

Part 1

Preliminary

  1. Commencement
    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.

  2. Purpose
    The purpose of this Act is---

    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

    3. 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
    4. to enhance the professionalism of social workers.

  3. Interpretation
    In this Act, unless the context otherwise requires,---

    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.

  4. Act binds the Crown
    This Act binds the Crown.


Part 2

Registration and practising certificates

Entitlement to registration

  1. Entitlement to registration of New Zealand-qualified social workers A person who has a recognised New Zealand qualification is entitled to be registered if the Board is satisfied that---

    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.

  2. Entitlement to registration of overseas-qualified social workers
    A person who does not have a recognised New Zealand qualification is entitled to be registered if the Board is satisfied that---

    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.

Applications

  1. Applications for registration

    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).

 

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