Hon Steve Maharey - Social Worker Registration

  1. Orders as to restoration of registration
    1. When making an order that the registration of a registered social worker be cancelled, the Tribunal may do either or both of the following things:
      1. fix a date before which he or she may not apply for registration again:
      2. impose 1 or more conditions that he or she must satisfy before he or she may apply for registration again.
    2. The conditions may include any or all of the following:
      1. a condition that the person undertake a specified course of education or training:
      2. a condition that the person undergo---
        1. any specified medical examination and treatment; or
        2. any specified psychological or psychiatric examination, counselling, or therapy:
      3. a condition that the person attend any specified course of treatment or therapy for alcohol or drug abuse:
      4. any other condition designed to address the matter that gave rise to the cancellation of the person's registration.
    3. The Tribunal must not impose a condition under paragraph (b) or paragraph of (c) subsection (2), unless the person consents to the examination, treatment, counselling, or therapy concerned.
    4. If the Tribunal fixes a date before which the person may not apply for registration again, no application for registration from him or her may be received or considered before that date.
    5. Subsection (2) does not limit subsection (1)(b).

  2. Orders of Tribunal
    1. An order of the Tribunal must---
      1. be in writing; and
      2. contain a statement of the reasons for it; and
      3. be signed by the presiding officer at the hearing.
    2. The Registrar must ensure that a copy of the order is given to---
      1. the person or body who laid the charge; and
      2. the social worker concerned; and
      3. any complainant.
    3. The order takes effect from the day on which a copy is given to the social worker, or any later date specified in it.

  3. Funding
    1. The Board---
      1. must pay---
        1. all the costs of the Tribunal; and
        2. all the costs of every complaints assessment committee; and
        3. all costs of and incidental to any hearing before the Tribunal; but
      2. may use any money paid to it under an order under section 81(1) to reimburse itself for its payments.
    2. To fund the costs referred to in subsection (1)(a) (less any payments made to it), the Board may impose a levy, to be called the disciplinary levy, under section 107.

  4. Recovery of fines and costs
    1. All costs and expenses of the Health and Disability Commissioner or Director of Proceedings ordered to be paid under subparagraph (i) or subparagraph (iii) of section 81(1)(e), are recoverable by the Health and Disability Commissioner as a debt due to the Health and Disability Commissioner.
    2. All other fines, costs, and expenses ordered to be paid under section 81(1) are recoverable by the Board as a debt due to the Board.


Part 5
Appeals

  1. Rights of appeal
    1. A person may appeal to a District Court against any decision or direction of the Board under this Act that adversely affects him or her (not being a decision or direction affecting a person only because he or she is a person of a particular kind or description).
    2. A person may appeal to a District Court against the whole or any part of a decision or order made in relation to him or her under Part 4 (other than a determination of a complaints assessment committee).
    3. For the purposes of subsection (2),---
      1. a decision or order includes a decision to decline to make an order; and
      2. a decision or order made in relation to a charge laid by the Director of Proceedings or a complaints assessment committee is made in relation to the Director of Proceedings or a complaints assessment committee (as well as any other person).
    4. The appeal---
      1. must be brought by way of notice of appeal in accordance with rules of court; and
      2. must be lodged within 20 working days after notice of the decision or order is communicated to the appellant, or within any further time a District Court Judge allows on application made before or after the period expires.

  2. Notice of right of appeal
    When notifying a person under this Act of any decision or order against which section 86 gives him or her a right of appeal, the Registrar must also notify the him or her in writing of the right of appeal, and the time within which an appeal must be lodged.

  3. Orders to have effect pending determination of appeal
    A decision or order against which an appeal is lodged under this Part continues in force until the appeal is determined, unless the District Court appealed to or the High Court orders otherwise.

  4. Procedure on appeal
    1. An appeal under this Part must be heard as soon as is reasonably practicable after it is lodged.
    2. On hearing the appeal, a District Court---
      1. may confirm, reverse, or modify the decision or order appealed against; and
      2. may make any other decision or order that the person or body that made the decision or order appealed against could have made.
    3. The District Court must not review---
      1. any part of a decision or order not appealed against; or
      2. any decision or order not appealed against at all.

  5. Court's decision final
    1. A District Court's decision on an appeal under this Part is final.
    2. Subsection (1) is subject to section 94.

  6. Court may refer matter back for reconsideration
    1. Instead of determining an appeal under this Part, a District Court may direct the person or body whose decision or order is appealed against to reconsider, either generally or in respect of any specified aspect, the whole or any part of it.
    2. The court---
      1. must state its reasons for its direction; and
      2. may give any other directions it thinks just as to the matter referred back for reconsideration.
    3. The person or body---
      1. must reconsider the matter; and
      2. in doing so, must---
        1. take the court's reasons into account; and
        2. give effect to the court's directions.

  7. Orders as to costs
    On any appeal under this Part, a District Court may order the person or body whose decision or order is appealed against, or the appellant, to pay the costs incurred in respect of the appeal by the other party to the appeal.

  8. Orders as to publication of names
    1. On any appeal under this Part, a District Court may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a registered social worker or any other person.
    2. In deciding whether to make an order under subsection (1), the Court must have regard to---
      1. the interests of any person (including, without limitation, the privacy of any complainant); and
      2. the public interest.

  9. Appeal on question of law
    1. A party to an appeal under this Part may appeal to the High Court on a question of law only, if dissatisfied with any decision of the District Court as being erroneous in law.
    2. The appeal must be heard and determined in accordance with rules of court.
    3. Part IV of the Summary Proceedings Act 1957 (together with the other provisions of that Act that are applied in that Part) applies to the appeal---
      1. so far as it is applicable and with all necessary modifications; but
      2. only so far as it relates to appeals on questions of law.
    4. Subsection (3) overrides subsection (2).


Part 6
Social Workers Registration Board and Social Workers Complaints and Disciplinary Tribunal

Social Workers Registration Board

  1. Social Workers Registration Board established
    This section establishes the Social Workers Registration Board.

  2. Powers of Board
    1. The Board---
      1. is a body corporate; and
      2. is a Crown entity for the purposes of the Public Finance Act 1989.
    2. Subject to this Act, any other enactment, and the general law, the Board---
      1. has full capacity to carry on any activity, do any act, or enter into any transaction; and
      2. for the purposes of paragraph (a), has full rights, powers, and privileges.
    3. The Board may exercise its powers only for performing its functions.

  3. Functions of Board
    1. The functions of the Board are---
      1. to receive applications for registration:
      2. to authorise the registration of social workers:
      3. to maintain the Register:
      4. to consider applications for practising certificates referred to it by the Registrar:
      5. to recognise New Zealand educational qualifications for the purposes of this Act:
      6. to review the competence of social workers:
      7. to establish and maintain a code of conduct for registered social workers:
      8. in consultation with providers of social work education and training in New Zealand, to promote and set standards for such education and training for the purposes of this Act:
      9. to promote the benefits of registration---
        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 as social workers:
      10. to advise, and make recommendations to, the Minister in respect of matters relating to the regulation of the social work profession:
      11. to appoint the members of the Tribunal:
      12. to promote and encourage high standards of practice and professional conduct among registered social workers and the employers of social workers:
      13. to consider the cases of registered social workers who may be unable to perform adequately the functions required to practise social work satisfactorily:
      14. subject to this Act, to disclose to the employers or prospective employers of social workers information it has obtained under this Act relating to people who are or have been---
        1. applicants for registration; or
        2. registered social workers:
      15. to provide administrative and related services for the Tribunal:
      16. any other functions conferred or imposed on it by or under this Act or any other enactment.
    2. Subsection (1)(g) does not limit or affect the functions or powers of any department of State.
    3. Subsection (1)(n) does not apply to information required by this Act to be kept confidential.

  4. Maori and Pacific people
    In the exercise and performance of its powers and functions, the Board must ensure that the following matters are integral and ongoing priorities:
    1. the aims and aspirations of Maori, and the need for the appropriate involvement of Maori, as tangata whenua; and
    2. the aims and aspirations of Pacific people, and the need for the appropriate involvement of Pacific people in the social work profession; and
    3. the employment requirements of Maori and Pacific people.

  5. Mechanisms for obtaining views of Maori and Pacific people
    The Board must maintain mechanisms (for example, appointing advisory committees or forming separate caucuses) to ensure that there are at all times readily accessible to it---
    1. the views of Maori as tangata whenua; and
    2. the views of Pacific people.

  6. Board may be required to give effect to Government policy
    1. The Minister may require the Board to give effect to the policy of the Government, by giving it written notice that it is required to give effect to a policy stated in the notice.
    2. The Board must give effect to any applicable policy of the Government (as required under subsection (1)) in exercising its powers and performing its functions (whether under this Act or any other enactment).
    3. The Minister must consult the Board before requiring it to give effect to a policy of the Government.
    4. In requiring the Board to give effect to a policy of the Government, the Minister must not give the Board a notice---
      1. relating to the registration of social workers; or
      2. relating to a matter in respect of which an enactment other than this Act expressly requires it to act independently; or
      3. requiring it, in respect of a particular person, to---
        1. make a particular decision, do or refrain from doing a particular act, or bring about a particular result; or
        2. make a decision of a particular kind, do or refrain from doing an act of a particular kind, or bring about a result of a particular kind.

     

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