Hon Steve Maharey - Social Worker Registration

Part 7
Register and Registrar

Register of Social Workers

  1. Register of social workers
    The Board must maintain a register of social workers.

  2. Register to be maintained in parts
    The Registrar must maintain the Register in 3 separate parts---
    1. 1 for information relating to people who do not hold a limited certificate; and
    2. 1 for information relating to people who hold a provisional certificate of registration; and
    3. 1 for information relating to people who hold a temporary certificate of registration.

  3. Information to be registered
    1. The information to be entered in the Register in respect of a person is---
      1. the person's name:
      2. the person's home or work address:
      3. particulars of the qualifications by virtue of which the person is registered:
      4. the type of registration the person holds:
      5. the date on which the Board decided that the person should be registered:
      6. the date of registration:
      7. any other matters prescribed by regulations made under this Act:
      8. any other matters the Board thinks appropriate.
    2. The home or work address must be the physical address of the premises concerned.
    3. The following information must also be entered in the Register in respect of a person who is registered:
      1. any current conditions subject to which the person is registered:
      2. if the person's registration is suspended,---
        1. the fact that it is suspended; and
        2. any current conditions relating to its suspension:
      3. particulars of all practising certificates issued to the person:
      4. any conditions subject to which the person's current practising certificate was issued:
      5. if the person's current practising certificate is suspended,---
        1. the fact that it is suspended; and
        2. any current conditions relating to its suspension.
    4. The Registrar must make all amendments to the Register necessary to reflect---
      1. any changes in the information referred to in subsection (1)(d) or subsection (3):
      2. any changes notified to the Registrar in any other information referred to in subsection (1).

  4. Certificates of registered information
    On payment of the fee (if any) set by the Board, the Registrar must give a person who asks for it a certificate---
    1. stating all the current information then entered in the Register in relation to a particular person (other than his or her home address); and
    2. stating that it is all the current information then entered in the Register in relation to the person (other than his or her home address); and
    3. signed and dated by the Registrar.

  5. Social workers to notify changes of address
    1. A registered social worker whose home address is entered in the Register must, within 1 month after starting to live at some other place, give the Registrar written notice of---
      1. his or her new home address; or
      2. his or her work address.
    2. A registered social worker whose work address in entered in the register must, within 1 month after starting to work at some other place, give the Registrar written notice of---
      1. his or her new work address; or
      2. his or her home address.

  6. Changes of name
    If satisfied that a registered social worker has changed his or her name, or that it is wrongly entered in the Register, the Board must direct the Registrar to correct the entry in the Register relating to the social worker.

  7. Social worker may ask for registration to be cancelled
    1. On the written application of a registered social worker, the Board may direct the Registrar to cancel the entry in the Register relating to the social worker.
    2. The Board must not direct the Registrar to cancel the entry in the Register relating to a registered social worker if disciplinary action against the social worker under this Act has begun or is pending.

  8. Entry to be cancelled on death of social worker
    1. Promptly after receiving a doctor's certificate relating to the death of a person who appears to have been a registered social worker, a registrar under the Births, Deaths, and Marriages Registration Act 1995 must give the Registrar written notice of the death, with particulars of its date and place.
    2. If there is an entry in the Register relating to the person, the Registrar must, as soon as is practicable after receiving the notice, cancel it.
    3. The Board may direct the Registrar to cancel the entry in the Register relating to a registered social worker if it believes on reasonable grounds (other than having received a doctor's certificate) that a registered social worker has died.
    4. In subsection (1), doctor's certificate has the meaning given to that term by section 2 of the Births, Deaths, and Marriages Registration Act 1995.

  9. Revision of Register
    1. The Registrar may at any time, and must if the Board directs, ask whether a registered social worker---
      1. has stopped practising social work; or
      2. for some other reason wishes to have the entry in the Register relating to him or her cancelled.
    2. The Registrar must ask by registered letter addressed to the registered social worker at his or her last known address.
    3. If the registered social worker tells the Registrar in writing that he or she has stopped practising social work, or for some other reason wishes to have the entry in the Register relating to him or her cancelled, the Board must direct the Registrar to cancel the entry in the Register relating to the social worker.
    4. If the Registrar does not receive a reply to the letter within 6 months after it was posted, or if the letter is returned to the Registrar undelivered, the Board may direct the Registrar to cancel the entry in the Register relating to the social worker.

  10. Restoration of entries
    1. This section applies to a person if the entry in the Register relating to him or her has been cancelled under section 126(3), or subsection (3) or subsection (4) of section 127.
    2. On the written application of a person to whom this section applies, the Board must direct the Registrar to restore the entry in the Register relating to the person.

  11. Cancellation of registration of overseas qualified person for non-residence in New Zealand
    1. The Board may direct the Registrar to cancel the entry in the Register relating to a registered social worker who is registered by virtue of being entitled to registration under section 7, if it believes on reasonable grounds that he or she---
      1. has in any period of 3 consecutive years since being registered resided outside New Zealand for a period of 6 consecutive months; and
      2. intends to continue to reside overseas.
    2. This section does not apply to---
      1. a period before the commencement of this section during which a person resided outside New Zealand; or
      2. any period of not more than 3 years during which a person resided outside New Zealand while undertaking post-graduate study in social work or a subject related to social work.
    3. The Board must direct the Registrar to restore the entry in the Register relating to a registered social worker whose entry has been cancelled under this section if---
      1. the social worker applies to the Board in writing to have the entry restored; and
      2. the Board is satisfied that he or she intends to reside in New Zealand.
    4. The direction to restore the entry may be made subject to the person's competence to practise social work being found satisfactory under Part 3.

  12. Cancellation of registration on Board's direction
    1. The Board may direct the Registrar to cancel the entry in the Register relating to a registered social worker, and give him or her notice of the cancellation, if it is satisfied that he or she---
      1. obtained registration by making a false or misleading representation or declaration (whether oral or written); or
      2. was not entitled to be registered.
    2. If no appeal against the order has been made within the time provided by this Act, the Board may direct the Registrar to notify the cancellation in any publications the Board directs.

  13. Removal of qualifications, or cancellation of registration, overseas
    1. The Board may review the registration of a registered social worker who is registered by virtue of being entitled to registration under section 7, if satisfied that---
      1. the educational establishment that gave him or her the overseas qualification equivalent to a recognised New Zealand qualification has cancelled or suspended it (or taken action equivalent to cancelling or suspending it); or
      2. an overseas authority that maintains a register of people registered or licensed as social workers (or as practitioners of a profession equivalent to that of a social worker) has---
        1. removed his or her name from that register; or
        2. suspended his or her registration; or
        3. taken action equivalent to removing his or her name from that register or suspending his or her registration.
    2. The Board must take all reasonably practicable steps to ensure that the registered social worker is given---
      1. written notice containing enough details to inform him or her clearly of the substance of the grounds on which the Board has decided to carry out the review; and
      2. any information in the Board's possession relating to the cancellation, suspension, or removal concerned; and
      3. a reasonable opportunity to make written submissions and be heard on the matter, either personally or by a representative.
    3. Except as provided in subsection (2), the form of the review is at the Board's discretion.
    4. After the review, the Board, if it thinks it appropriate to do so,---
      1. may direct the Registrar to note in the Register the cancellation, suspension, or removal concerned; and
      2. may either---
        1. suspend the registered social worker's registration for any period it thinks fit, and direct the Registrar to note the suspension in the Register; or
        2. direct the Registrar to cancel the entry in the Register relating to the registered social worker.
    5. The Registrar must take all reasonably practicable steps to ensure that the registered social worker is given a copy of any order under subsection (4).

  14. Cancellation or suspension not to affect existing liabilities
    1. The cancellation of the entry in the Register relating to a registered social worker does not affect his or her liability for any act or default occurring before the cancellation.
    2. The suspension of a registered social worker's registration does not affect his or her liability for any act or default occurring before the suspension.

  15. Board to publish Register
    1. The Board must from time to time publish the Register, in any form it thinks fit.
    2. The publication must not contain the home addresses of registered social workers.
    3. Publication may be in printed or electronic form.
    4. The Board may publish the Register with some of the information it contains abbreviated, so long as all abbreviations are explained or easily understandable.
    5. Subsections (3) and (4) do not limit the generality of subsection (1).

  16. Inspection of Register
    1. The Registrar must keep the published form of the Register open for public inspection at the offices of the Board during its ordinary office hours.
    2. The Registrar must ensure that there are available at the offices of the Board during its ordinary office hours---
      1. copies of the published form of the Register; or
      2. suitable facilities for obtaining print-outs of the published form of the Register.
    3. The Registrar---
      1. may refuse to allow a person to inspect the published form of the Register if the person does not pay the fee (if any) set by the Board for inspecting it; and
      2. may refuse to give a copy or print-out of the published form of the Register or any part of it to any person who does not pay the fee (if any) set by the Board for such a copy or print-out.

 

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