Hon Steve Maharey - Social Worker Registration

s 118
Schedule 2

Provisions applying to Social Workers Complaints and Disciplinary Tribunal


  1. Deputy chairperson
    1. The deputy chairperson of the Tribunal has and may perform and exercise all the functions, duties, and powers of its chairperson if---
      1. the chairperson becomes incapable of acting as chairperson because of illness, absence, or any other reason; or
      2. there is a vacancy in the office of chairperson.
    2. While acting for or in the place of the chairperson, the deputy chairperson must be treated as the chairperson.
    3. No act done by the deputy chairperson while acting for or in the place of the chairperson, and no act done by the Tribunal while the deputy chairperson is acting for or in the place of the chairperson, may be questioned in any proceedings on the ground that the occasion for the deputy chairperson's so acting had not arisen or had ceased.
    4. If there are 2 or more deputy chairpersons of the Tribunal---
      1. the Board must from time to time, by written notice, nominate which of them is to perform and exercise the functions, duties, and powers of the chairperson of the Tribunal in the circumstances stated in subclause (1); and
      2. references in this clause to the deputy chairperson are references to the deputy chairperson for the time being nominated.

  2. Term of office
    1. The chairperson and each deputy chairperson of the Tribunal---
      1. is appointed for a term not exceeding 3 years; and
      2. takes office from the date of the notice of appointment or any later date specified in it; and
      3. is eligible for re-appointment.
    2. No person may hold office as chairperson or deputy chairperson of the Tribunal for more than 6 consecutive years.
    3. A person whose term of office as chairperson or deputy chairperson of the Tribunal has expired or who has resigned from office as chairperson or as deputy chairperson of the Tribunal may continue in office for the purpose of completing any proceedings heard by the Tribunal before the expiry or resignation concerned, whether or not his or her successor has come into office.
    4. Subclause (1)(c) is subject to subclause (2).
    5. Subclause (3) overrides subclauses (1) and (2).

  3. Vacation of office
    1. The chairperson or a deputy chairperson of the Tribunal may resign by written notice to the Board.
    2. The chairperson or a deputy chairperson of the Tribunal vacates office if he or she---
      1. is adjudged bankrupt under the Insolvency Act 1967; or
      2. becomes a member of the Board.
    3. The Board may, by written notice to the chairperson or a deputy chairperson of the Tribunal, remove him or her from office---
      1. because, in the Board's opinion, he or she is unable to perform his or her duties adequately; or
      2. for neglect of duty, or misconduct, proved to the Board's satisfaction.

  4. Expenses of Tribunal
    1. There may be paid to the members of the Tribunal, and to any Registrar or other officer of the Tribunal, any remuneration (by way of fees, salary, or otherwise) and allowances and expenses the Board from time to time determines.
    2. The remuneration, allowances, and expenses must be paid out of the funds of the Board.

  5. Procedure of Tribunal
    1. In relation to a matter concerning a particular person, the Tribunal must observe the rules of natural justice.
    2. The Tribunal may receive as evidence any statement, document, information, or matter, whether or not it would be admissible in a court of law.
    3. Subject to this Act and any regulations made under it, the Tribunal may---
      1. regulate its procedure in any manner it thinks fit; and
      2. prescribe or approve forms for the purposes of hearings.
    4. The Tribunal must publish any rules of procedure it makes.

  6. Evidence
    1. The Tribunal may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not it would be admissible in a court of law.
    2. The Tribunal may take evidence on oath, and for that purpose any of its members or officers may administer an oath.
    3. The Tribunal may permit a person appearing as a witness before it to give evidence by---
      1. submitting a written statement; and
      2. if the Tribunal thinks fit, verifying it by oath.
    4. The Evidence Act 1908 applies to the Tribunal as if it were a court within the meaning of that Act.
    5. Subclause (4) is subject to subclauses (1) to (3).

  7. Powers of investigation
    1. For the purposes of dealing with the matters before it, the Tribunal or any person authorised by it in writing to do so may---
      1. inspect and examine any papers, documents, records, or things; or
      2. require any person to produce for examination any papers, documents, records, or things in his or her possession or under his or her control, and to allow copies of or extracts from any of them to be made; or
      3. require any person to---
        1. provide, in a form approved by or acceptable to the Tribunal, any information or particulars that it may require; or
        2. provide copies of or extracts from any papers, documents, or records in his or her possession or under his or her control.
    2. The Tribunal may, if it thinks fit, require that any written information or particulars or any copies or extracts furnished under this clause be verified, by statutory declaration or otherwise as the Tribunal requires.
    3. For the purposes of its proceedings, the Tribunal may, of its own motion or on the application of any party to the proceedings, order that any information or particulars, or a copy of the whole or any part of any paper, document, or record, provided or produced to it be supplied to any person appearing before the Tribunal, and in the order impose such terms and conditions as it thinks fit in respect of such supply and of the use that is to be made of the information, particulars, or copy.

  8. Witness summons
    1. The Tribunal may, of its own motion or on the application of a party to any proceedings, issue to any person a witness summons requiring that person to attend before the Tribunal to give evidence at the hearing of the proceedings.
    2. The summons must state---
      1. the place where the person is to attend; and
      2. the date and time when the person is to attend; and
      3. the papers, documents, records, or things that the person is required to bring and produce to the Tribunal; and
      4. the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and
      5. the penalty for failing to attend.
    3. The power to issue a witness summons may be exercised by the Tribunal, the chairperson, a deputy chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal, the chairperson, or a deputy chairperson.

  9. Service of witness summons
    1. A witness summons may be served---
      1. by delivering it personally to the person summoned; or
      2. by posting it by registered letter addressed to the person summoned at his or her usual place of residence or business.
    2. If it is served personally, the summons must be served at least 24 hours before the attendance of the witness is required.
    3. If it is served by posting, the summons must be served at least 10 days before the day on which the attendance of the witness is required.

  10. Witnesses' allowances
    1. A witness attending before the Tribunal to give evidence pursuant to a summons is entitled to be paid witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations under the Summary Proceedings Act 1957, and those regulations (with any necessary modifications) apply accordingly.
    2. Each time the Tribunal issues a witness summons, it must fix an amount that, on the service of the summons or at some other reasonable time before the day on which the witness is required to attend, must be paid or tendered to the witness.
    3. The amount fixed must be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.
    4. If a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness must be paid by that party.
    5. If the Tribunal has issued the witness summons of its own motion, it may direct that the amount of the fees, allowances, and travelling expenses---
      1. form part of the costs of the proceedings; or
      2. be paid out of the funds of the Board.

  11. Privileges and immunities
    1. Every person has the same privileges in relation to giving information to the Tribunal, answering questions put by the Tribunal, and the production of papers, documents, records, and things to the Tribunal as witnesses have in courts of law.
    2. Witnesses and counsel appearing before the Tribunal have the same privileges and immunities as witnesses and counsel have in proceedings in a District Court.

  12. Non-attendance or refusal to co-operate
    1. Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal, without reasonable excuse,---
      1. fails to attend in accordance with the summons; or
      2. refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the proceedings.
    2. Every person commits an offence who, after being summoned to produce to the Tribunal any papers, documents, records, or things, without reasonable excuse, fails to produce them.
    3. Every person commits an offence who---
      1. wilfully obstructs or hinders the Tribunal or any member of it or any authorised person in any inspection or examination of papers, documents, records, or things pursuant to clause 7(1)(a); or
      2. without reasonable excuse, fails to comply with any requirement of the Tribunal or any authorised person made under paragraph (b) or paragraph (c) of clause 7(1); or
      3. without reasonable excuse, acts in contravention of, or fails to comply with, any order made by the Tribunal under clause 7(3) or any term or condition of such an order.
    4. Every person who commits an offence against this clause is liable on summary conviction to a fine not exceeding $1,500.
    5. No person summoned to attend before the Tribunal may be convicted of an offence against subclause (1) unless travelling expenses were tendered or paid to him or her in accordance with clause 10.

  13. Contempt of Tribunal
    1. Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who assaults, threatens, or intimidates, or intentionally insults, the Tribunal or any member of it or any special adviser to or officer of the Tribunal, during a sitting of the Tribunal, or in going to, or returning from, any sitting.
    2. Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who---
      1. intentionally interrupts the proceedings of the Tribunal or otherwise misbehaves while the Tribunal is sitting; or
      2. intentionally and without lawful excuse disobeys an order or direction of a member of the Tribunal in the course of any proceedings before the Tribunal.
    3. A member of the Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the member's opinion, constitutes an offence against this section, whether or not the person is charged with the offence or any other offence; and any member of the police may take any steps reasonably necessary to enforce the exclusion.

  14. Power to amend charges
    The Tribunal may, at any time during the hearing of any charge laid under section 73, amend the charge in any way.

  15. Adjournments
    If the Tribunal is of the opinion that the registered social worker concerned would be embarrassed in his or her defence by reason of an amendment made or proposed to be made under clause 14, it may, at his or her request, adjourn the hearing.

  16. Legal and medical advisers
    1. The Tribunal may from time to time appoint a legal adviser, who---
      1. may be present at any hearing of the Tribunal; and
      2. may at any time advise the Tribunal on matters of law, procedure, or evidence.
    2. The Tribunal may from time to time appoint a medical adviser, who---
      1. may be present at any hearing of the Tribunal; and
      2. may at any time advise the Tribunal on medical matters.
    3. A legal or medical adviser must not be present during any deliberations of the Tribunal.

  17. Immunity of members of Tribunal
    A member of the Tribunal is not personally liable for any act or omission done in pursuance or intended pursuance of the Tribunal's functions, unless the act or omission was done in bad faith.

 

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