Hon Steve Maharey - Social Worker Registration

Part 4

Discipline

Complaints

Complaints against registered social workers
1. Any person may make a complaint against a registered social worker---
  1. to the Health and Disability Commissioner or the Registrar, if the complaint is about the provision of health services or disability services; or
  2. to the Registrar.
2. The complaint may be oral or written.
3. A complaint may be made by---
  1. the Minister; or
  2. the Commissioner for Children; or
  3. any other person in the service of the Crown acting in an official capacity; or
  4. any member of the Board or the Tribunal.
4. Subsection (3) does not limit the generality of subsection (1).
Registrar to notify Tribunal of complaints
The Registrar must notify the chairperson of the Tribunal in writing of a complaint under section 57(1)(b).
Registrar to notify Health and Disability Commissioner of certain complaints
The Registrar must promptly notify the Health and Disability Commissioner in writing of a complaint about the provision of health services or disability services made to the Registrar under section 57(1).
Health and Disability Commissioner may notify Tribunal of complaints
The Health and Disability Commissioner may under section 38 of the Health and Disability Commissioner Act 1994 notify the chairperson of the Tribunal in writing of a complaint about the provision of health services or disability services received under Part IV of that Act that is made against or directly involves a registered social worker.
Notification of convictions
The registrar of a Court in New Zealand 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 must send a notice of the conviction to the chairperson of the Tribunal, unless the Court expressly orders otherwise.
Suspension of action while Health and Disability Commissioner investigates
1. No action may be taken under this Part about a complaint that has been notified or referred to the Health and Disability Commissioner until---
  1. the Health and Disability Commissioner notifies the chairperson of the Tribunal in writing---
    1. that the complaint is not to be investigated, or investigated further, under the Health and Disability Commissioner Act 1994; or
    2. that the complaint has been resolved; or
    3. that the complaint has been investigated under the Health and Disability Commissioner Act 1994 and the complaint is not to be referred to the Director of Proceedings under section 45(f) of that Act; or
  2. the Director of Proceedings notifies the chairperson of the Tribunal in writing that the Director of Proceedings has decided under section 49 of the Health and Disability Commissioner Act 1994 not to lay a charge under this Act in relation to the complaint.
2. Subsection (1) overrides section 63.
1. Referral of complaints and notices of convictions to complaints assessment committee
  1. As soon as is reasonably practicable after receiving a complaint, the chairperson of the Tribunal must refer it to a complaints assessment committee, unless---
    1. 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
    2. the chairperson is satisfied that it does not need to be pursued (in any other case).
  2. The chairperson of the Tribunal must refer a notice of conviction given under section 61 to a complaints assessment committee as soon as is reasonably practicable after receiving it.
Complaints assessment committees
1. Complaints assessment committees
  1. The chairperson of the Tribunal---
    1. may from time to time appoint, in relation to a particular case or cases of a particular class, 2 registered social workers and 1 person who is not a registered social worker to be a complaints assessment committee; and
    2. may at any time dissolve or reconstitute a complaints assessment committee.
  2. Before appointing, dissolving, or reconstituting a complaints assessment committee, the chairperson of the Tribunal must consult with at least 3 members of the Board (including at least 1 member who is not a registered social worker).
  3. No member of the Board or the Tribunal may be a member of a complaints assessment committee.
  4. The chairperson must appoint 1 of the members of each complaints assessment committee to preside at its meetings.
2. Committees may regulate own procedure
  1. A complaints assessment committee may regulate its procedure as it thinks fit.
  2. Subsection (1) is subject to---
    1. the rules of natural justice; and
    2. this Act; and
    3. any regulations made under this Act.
3. Committees may appoint legal advisers
  A complaints assessment committee may appoint a legal adviser, who---
  1. may be present at meetings of the committee; and
  2. may at any time advise the committee on matters of law, procedure, or evidence; but
  3. must not be present during the deliberations of the committee.
4. Information to be given to social worker and complainant
  As soon as is practicable after a complaint about, or a notice of conviction of, a registered social worker is referred to a complaints assessment committee, the chairperson of the Tribunal must ensure---
  1. that the social worker is given written notice of---
    1. the particulars of the complaint or notice of conviction; and
    2. the intended membership of the complaints assessment committee that is to consider it; and
  2. in the case of a complaint, that the complainant is given written notice of the intended membership of the complaints assessment committee that is to consider it.
5. Social workers and complainants may request changes in membership of complaints assessment committee
  1. Within 5 working days after being informed of the intended membership of the complaints assessment committee that is to consider a complaint about, or conviction of, a registered social worker, the social worker or, in the case of a complaint, the complainant may give the chairperson of the Tribunal notice---
    1. requesting that any or all of the intended members not be appointed as members of that committee; and
    2. stating the reasons for the request.
  2. The chairperson---
    1. must consider the request; and
    2. may reconstitute the committee.
6. Determination of complaint by complaints assessment committee
  1. As soon as is reasonably practicable after a complaint or notice of conviction is referred to a complaints assessment committee, it must determine whether---
    1. the Board should review the competence or fitness of the social worker to practise as a social worker (or both); or
    2. in the case of a complaint, the committee should submit it to conciliation; or
    3. the committee should submit the complaint or conviction to the Tribunal; or
    4. No further steps should be taken under this Act in relation to the complaint or conviction.
  2. The committee may undertake or arrange for any investigation it thinks necessary to make its determination.
  3. Before making its determination,---
    1. the committee---
      
      must give the social worker concerned a reasonable opportunity to make a written explanation or statement in relation to the complaint or conviction; and
      may, on the social worker's application or of its own motion, give him or her a reasonable opportunity to appear before it to make an explanation or statement in relation to the complaint or conviction; and
    2. in the case of a complaint, the committee---
      
      must give the complainant a reasonable opportunity to make a written statement in relation to it; and
      may, on the complainant's application or of its own motion, give the him or her a reasonable opportunity to appear before it to make a statement in relation to it.
  4. The committee may require a complaint referred to it to be supported by a statutory declaration.
7. Procedure after committee makes determination
  1. This subsection applies to a determination by a complaints assessment committee that---
    1. the Board should review the competence or fitness of a social worker to practise as a social worker; or
    2. the committee should submit a complaint to conciliation.
  2. If it makes a determination to which subsection (1) applies, a complaints assessment committee must give written notice of the determination, and the reasons for it, to---
    1. the Registrar; and
    2. the social worker concerned; and
    3. in the case of a complaint, the complainant.
  3. If it makes a determination to submit a complaint or conviction to the Tribunal, a complaints assessment committee must---
    1. frame an appropriate charge; and
    2. lay it before the Tribunal; and
    3. give written notice of it to the social worker concerned and, if there is a complaint, to the complainant.
  4. On receiving notice under subsection (2)(a) of a determination to which subsection (1)(a) applies, the Registrar must promptly put the notice before the Board.
8. Settlement of complaint by conciliation
  1. 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 concerned to resolve the complaint by agreement.
  2. If the committee thinks that the complaint has been successfully resolved by agreement, it must promptly give the chairperson of the Tribunal written notice to that effect.
  3. If the committee thinks that the complaint has not been successfully resolved by agreement, it must promptly determine whether---
    1. the committee should submit the complaint or conviction to the Tribunal; or
    2. No further steps should be taken under this Act in relation to the complaint.
  4. If it makes a determination to submit the complaint to the Tribunal, the committee must---
    1. frame an appropriate charge; and
    2. lay it before the Tribunal, together with a notice stating---
      
      the matters on which the social worker and complainant reached agreement during conciliation; and
      the matters on which the social worker and complainant did not reach agreement during conciliation; and
    3. give a copy of the charge and notice to the social worker and the complainant.
  5. If the committee makes a determination that no further steps should be taken under this Act in relation to the complaint,---
    1. No further steps may be taken under this Act in relation to the complaint; and
    2. the committee must give the social worker and complainant written notice of---
      
      the determination; and
      the committee's reasons.
9. Committee may recommend suspension of registration or imposition of conditions
  A complaints assessment committee that lays a charge before the Tribunal may recommend to the Tribunal that, pending the determination of the charge,---
  1. the registration of the social worker concerned be suspended under section 75; or
  2. restrictions be imposed on the practice of social work by that social worker under section 75.
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