Hon Steve Maharey - Social Worker Registration

Part 3

Competence and fitness

Competence

Competence to practise social work
The Board must find a person's competence to practise social work satisfactory for the purposes of this Act if, and only if, in the Board's opinion, he or she---
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.
Reviews of competence to practise social work
The Board must review a person's competence 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 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.
Form of review
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.
Actions if outcome of review of competence not satisfactory
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.

Competence assessments

Competence assessments
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.
Copies of competence assessments to be available
The Board must take all practicable steps to ensure that copies of all competence assessments in force are available at its offices during ordinary business hours, both---
1. for purchase at a reasonable price; and
2. for inspection free of charge.
Actions if registered social worker fails assessment
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.
Confidentiality of information
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.

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