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Social Workers Registration Act 2003

Registration, authorisation to practise within scope of practice, and practising certificates - Practising certificates

33: Decisions of Board as to practising certificates

You could also call this:

"The Board decides who gets a practising certificate to work as a social worker"

Illustration for Social Workers Registration Act 2003

When you apply for a practising certificate, the Registrar might send your application to the Board. The Board will then decide what to do with your application. They might tell the Registrar to give you a practising certificate without any conditions, but only if they think you are competent and fit to work as a social worker.

If the Board thinks you can work as a social worker, but only with some conditions, they will tell the Registrar to give you a practising certificate with those conditions. These conditions are part of your individual scope of practice, which is authorised under section 8A. The Board might also refuse to give you a practising certificate until you meet some conditions they set.

The Board can also refuse to give you a practising certificate altogether. If they do give you a practising certificate with conditions, they can add new conditions, cancel existing ones, or change them. When the Board makes a decision, they must tell you why they made that decision, and the Registrar must let you know about it.

In some cases, the Board might tell the Registrar to give you an interim practising certificate, which is allowed under section 37. This can happen if the Board tells the Registrar to refuse your application until you meet some conditions. The Board will always give you reasons for their decision, and the Registrar will make sure you get that information.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190202.

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32: Procedure for consideration, or

"What happens when the Board looks at your application for a practising certificate and might say no or add conditions."

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34: Currency of practising certificates, or

"How long a social worker's practising certificate is valid for"

Part 2Registration, authorisation to practise within scope of practice, and practising certificates
Practising certificates

33Decisions of Board as to practising certificates

  1. Where the Registrar has referred an application for a practising certificate to the Board,—

  2. the Board must direct the Registrar to issue a practising certificate to the applicant without conditions in their individual scope of practice (authorised under section 8A) if it is satisfied that they are competent and fit to practise as a social worker in accordance with their individual scope of practice:
    1. the Board must direct the Registrar to issue a practising certificate to the applicant with conditions in their individual scope of practice (authorised under section 8A) if it is satisfied that they are competent and fit to practise as a social worker in accordance with their individual scope of practice only if those conditions are included in it:
      1. in any other case,—
        1. the Board must direct the Registrar to—
          1. refuse to issue a practising certificate to the applicant until they have met conditions the Board requires them to meet prior to a practising certificate being issued; and
            1. issue a practising certificate to the applicant under paragraph (a) or (b) once those conditions have been met; or
            2. the Board must direct the Registrar to refuse to issue a practising certificate to the applicant.

            3. A direction by the Board under subsection (1)(b) may include the imposition of a new condition, or the cancellation or variation of an existing condition.

            4. If the Board gives a direction under subsection (1)(b) or (c),—

            5. the direction must state the Board’s reasons for it; and
              1. the Registrar must give the applicant notice of the direction and reasons.

                1. If the Board gives a direction under subsection (1)(c)(i)(A), it may also direct the Registrar to issue an interim practising certificate to the applicant (under section 37).

                Notes
                • Section 33: replaced, on , by section 48 of the Social Workers Registration Legislation Act 2019 (2019 No 3).