Hon Steve Maharey - Social Worker Registration

Registrar

  1. Board to appoint Registrar
    1. The Board must ensure that there is at all times a Registrar of the Register of Social Workers appointed under clause 48 of Schedule 1.
    2. The Registrar may be the same person as the secretary of the Board.

  2. Registrar to carry out Board's decisions and comply with directions of Board and Tribunal
    1. The Registrar must make the appropriate entry in the Register if---
      1. the Board---
        1. cancels or suspends a registered social worker's registration; or
        2. cancels the suspension of a registered social worker's registration; or
        3. imposes conditions or restrictions on a registered social worker's registration; or
        4. cancels or varies any conditions or restrictions imposed on a registered social worker's registration; or
        5. imposes conditions on a registered social worker's practising certificate; or
        6. cancels or varies any conditions imposed on a registered social worker's practising certificate; or
      2. the Tribunal makes an order that---
        1. a registered social worker's registration be cancelled or suspended; or
        2. for a stated period, he or she may practise as a social worker only in accordance with stated restrictions.
    2. If the Board or the chairperson of the Board gives the Registrar a direction under this Act, he or she must promptly comply with it.
    3. Section 137 overrides subsection (2).

  3. Registrar may refuse to issue certificate if fine or costs outstanding, or fee not paid
    1. The Registrar may refuse to issue a certificate of registration or practising certificate to a registered social worker who has not paid---
      1. a fine imposed on him or her under this Act; or
      2. any costs or expenses payable by him or her under an order made under this Act; or
      3. in the case of a practising certificate, any fee set by the Board.
    2. A registered social worker who has been refused a certificate of registration or practising certificate under paragraph (a) or paragraph (b) of subsection (1) may, by written application to the Board, ask the Board to review the Registrar's decision; and in that case, the Board---
      1. must promptly review the Registrar's decision; and
      2. must either confirm it or direct the Registrar to issue a certificate of registration or practising certificate (as the case may be) to the registered social worker.

  4. Notice of restrictions or conditions imposed on registration or certificate of registration
    The Board may direct the Registrar to give to any person who employs a registered social worker or practises in association with a registered social worker written notice of any restriction or conditions imposed on his or her registration or certificate of registration.

Part 8
Miscellaneous, transitional, and consequential provisions

Miscellaneous provisions

  1. Certificate of Registrar to be evidence
    1. In the absence of proof to the contrary, a certificate purporting to be signed by the Registrar is for all purposes sufficient evidence of---
      1. whether any person was or was not registered, or was or was not the holder of a practising certificate, at a time or during a period stated in the certificate:
      2. any entry in the Register:
      3. any act or proceeding of the Board, a committee of the Board, or a complaints assessment committee.
    2. In the absence of proof to the contrary, a certificate purporting to be signed by the Registrar is for all purposes sufficient evidence of any matter stated in the certificate relating to the proceedings of the Tribunal.

  2. Board may withhold information in certain circumstances
    Nothing in this Act requires the Board to make available to any person any information that could be withheld under the Official Information Act 1982.

  3. Exclusion of liability
    1. This subsection applies to---
      1. the Board, a complaints assessment committee, and a committee appointed under clause 41 of Schedule 1; and
      2. a member, officer, legal adviser, agent, or employee of any of those bodies.
    2. Unless it or he or she has acted in bad faith or without reasonable care, no body or person to which or whom subsection (1) applies is under any criminal or civil liability in respect of---
      1. any act done or omitted in the course of performing or exercising any function, duty, or power under this Act; or
      2. any words spoken or written for the purposes of the hearing of any inquiry or other proceedings under this Act; or
      3. anything contained in any notice given under this Act.
    3. Unless a person has acted in bad faith or without reasonable care, he or she is not under any civil liability in respect of anything done or omitted, or for any words spoken or written, in the course of conducting or assisting in conducting a competence assessment.
    4. Unless a person has acted in bad faith or without reasonable care, no civil, criminal, or disciplinary proceedings lie against him or her in respect of any report he or she makes under section 54(3).

  4. Proceedings not invalid because of defect in appointment
    1. This section applies to the Board, a complaints assessment committee, and the Tribunal.
    2. No act or proceeding of a body to which this section applies, or of a person acting as a member of a body to which this section applies, is invalid because---
      1. there was a defect in the appointment of a person acting as a member of the body, or
      2. a person acting as a member of the body was incapable of being, or had ceased to be, a member of it.

  5. Notice and service of documents
    1. Unless this Act provides otherwise, if a provision of this Act or of any regulations made under it requires or authorises any notice or other document, or any notification, to be given to a person, the notice, document, or notification must be given in writing to the person---
      1. by delivering it personally to the person; or
      2. by sending it by pre-paid post addressed to the person at the person's usual or last known place of residence or business; or
      3. in any other manner a District Court Judge directs.
    2. In the absence of proof to the contrary, a notice, document, or notification sent by post to a person in accordance with subsection (1)(b) must be treated as having been given to the person when it would have been delivered in the ordinary course of the post; and in proving the delivery, it is enough to prove the letter was properly addressed and posted.
    3. If a person is absent from New Zealand, a notice, document, or notification given to the person's agent in New Zealand in accordance with subsection (1) must be treated as having been given to him or her.
    4. If a person has died, the notice, document, or notification may be given, in accordance with subsection (1), to his or her personal representative.

  6. Publication of orders
    1. The Board may direct the Registrar to publish, in any publications it directs, a notice stating---
      1. the effect of any order it has made under this Act in respect of a social worker; and
      2. the name of the social worker.
    2. If the Tribunal makes an order under this Act in respect of a social worker, the Registrar must publish, in any publications the Tribunal directs, a notice stating---
      1. the effect of the order; and
      2. the name of the social worker; and
      3. a summary of the proceedings in which the order was made.
    3. If a court makes an order under this Act in respect of a social worker, the Registrar must publish, in any publications the court directs, a notice stating---
      1. the effect of the order; and
      2. the name of the social worker; and
      3. a summary of the proceedings in which the order was made.
    4. There must not be published under subsection (2) or subsection (3) anything in respect of which an order has been made under section 77(2) or section 78(6).
    5. Subsections (2) and (3) are subject to any order of a court.

  7. Regulations
    1. The Governor-General may, by Order in Council made on the advice of the Minister, make regulations for either or both of the following purposes:
      1. regulating the procedure of the Board, the Tribunal, or complaints assessment committees:
      2. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
    2. The Minister must not recommend the making of regulations without consulting the Board.

  8. Offences relating to registration
    1. Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000, who, for the purpose of obtaining registration or a practising certificate (for himself or herself or for any other person),---
      1. makes an oral or written declaration or representation that, to his or her knowledge, is false or misleading in a material particular; or
      2. produces a document to the Board, or otherwise uses a document, knowing that it contains a declaration or representation that, to his or her knowledge, is false or misleading in a material particular; or
      3. produces a document to the Board, or otherwise uses a document, knowing that it is not genuine.
    2. Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000, who holds himself or herself out as a registered social worker when---
      1. he or she is not a registered social worker; or
      2. his or her registration is suspended.
    3. Every registered social worker commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000, who---
      1. holds himself or herself out as holding a current practising certificate when---
        1. he or she does not hold a current practising certificate; or
        2. his or her current practising certificate is suspended; or
      2. fails or refuses to comply with---
        1. a restriction or condition on his or her registration; or
        2. a condition on his or her practising certificate.

Consequential amendments

  1. Consequential amendments
    The enactments specified in Schedule 3 are amended in the manner indicated in that schedule.

 

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