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Social Workers Registration Act 2003
Registration, authorisation to practise within scope of practice, and practising certificates
Practising certificates
35: Conditions on practising certificates

Part 1:
Preliminary

2Commencement 3Purpose 4Interpretation 4ATransitional, savings, and related provisions 5Act binds the Crown

Part 1A:
Scopes of practice for social work profession and prescribed qualifications

5ABoard to determine scopes of practice for social work profession 5BPrescribed qualifications 5CProvisions relating to sections 5A and 5B

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

Practising certificates

Part 3:
Competence and fitness

Competence

38Competence to practise as a social worker 38AProfessional development for practising social workers 38BMandatory requirement for employers to report to Board if social worker believed not to be competent 39Reviews of competence to practise as a social worker 40Form of review 41Actions after review of competence

Competence assessments

42Competence assessments 43Copies of competence assessments to be available 44Registered social workers to complete assessments every 5 years 45Actions if social worker fails assessment 46Confidentiality of information

Fitness to practise and serious misconduct

47Fitness to practise as a social worker 47AMandatory requirement for employers to report serious misconduct allegations to Board 48Consideration of fitness to practise as a social worker 49Action if Board considers social worker not fit and proper 50Board to ask for Police vet, and consider convictions and other information

Conditions affecting ability to practise as a social worker

51Reporting of conditions affecting ability to practise as a social worker 52Power to seek medical advice 53Report to be put before chairperson 54Interim suspensions 55Power to order medical examination 56Conduct and consequences of examination 57Individual scope of practice may be changed or registration or practising certificate may be suspended because of mental or physical condition

Interim suspension of registration or practising certificate or both or change to individual scope of practice while Board considers competence, fitness, or serious misconduct issue

57AInterim suspension of registration or practising certificate or both or change to individual scope of practice 57BNotice of direction under section 57A to be given to social worker 58Revocation of suspension or change to individual scope of practice

Setting conditions on revocation of suspension of registration or practising certificate

58AConditions on revocation of suspension of registration or practising certificate

Part 4:
Discipline

Complaints

59Complaints against social workers 60Registrar to notify Board of complaints 61Registrar to notify Health and Disability Commissioner of certain complaints 62Health and Disability Commissioner may notify Board of complaints 63Notification of convictions 64Suspension of action while Health and Disability Commissioner investigates 65Referral of complaints to professional conduct committees 65AAction to be taken by Board on receipt of notice of conviction

Professional conduct committees

66Professional conduct committees 67Committees may regulate own procedure 68Committees may appoint legal advisers 68APower to call for information or things 68BCompliance with production notice 69Information to be given to social worker and complainant 70Social workers and complainants may request changes in membership of professional conduct committee 71Determination of complaint or notice of conviction by professional conduct committee 72Procedure after committee makes determination (other than to take no further action)72ABoard’s consideration of committee recommendation for resolving complaint 73Conciliation and mediation 74Committee may recommend suspension of registration or practising certificate or imposition of conditions

Procedure and decisions of Tribunal

75Laying of charge before Tribunal 76Notice of disciplinary proceedings to be given to social worker 77Interim suspension of registration or practising certificate or imposition of conditions on practice 78Social worker may apply for revocation of direction 79Hearings of Tribunal to be public 80Special protection for certain witnesses 81Application for revocation of order under section 79 82Grounds on which Tribunal may make order 83Penalties 84Orders as to restoration of registration 85Orders of Tribunal 86Funding 87Recovery of fines and costs

Part 5:
Appeals

88Rights of appeal 89Notice of right of appeal 90Orders to have effect pending determination of appeal 91Procedure on appeal 92Court's decision final 93Court may refer matter back for reconsideration 94Orders as to costs 95Orders as to publication of names 96Appeal on question of law

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

Social Workers Registration Board

97Social Workers Registration Board established 98Powers of Board 99Functions of Board 100Obligations of Board in relation to Māori 101Obtaining views of ethnic and cultural groups 102Restriction on Ministerial direction 103Other provisions relating to requirements 104Review of operation of Act 105Code of conduct 106Membership 107Additional information in annual report 108Board may set fees 109Disciplinary levy 110Further provisions relating to fees and levy 111Application of income 112Directions and resolutions to be in writing 113Other provisions relating to Board

Social Workers Disciplinary Tribunal

114Social Workers Disciplinary Tribunal established 115Function of Tribunal 116Membership of Tribunal 117Suitability of certain people to be appointed 118Removal of members 119Hearings by Tribunal 120Other provisions relating to Tribunal

Part 7:
Register and Registrar

Register of Social Workers

121Register of social workers 122Register to be maintained in parts 123Information to be registered 124Certificates of registered information 125Social workers to notify changes to personal information on Register 126Changes of name 127Social worker may ask for registration to be cancelled 128Entry to be cancelled on death of social worker 129Revision of Register 130Restoration of entries 131Review of registration of overseas qualified person 132Cancellation of registration on Board's direction 133Removal of qualifications, or cancellation of registration, overseas 134Cancellation or suspension not to affect existing liabilities 135Board to publish Register 136Inspection of Register

Registrar

137Board to appoint Registrar 138Registrar to comply with directions of Board 139Registrar may refuse to act if fine or costs outstanding, or fee not paid 140Notice of conditions in individual scope of practice

Part 8:
Miscellaneous, transitional, and consequential provisions

Miscellaneous provisions

141Certificate of Registrar to be evidence 142Board may withhold information in certain circumstances 143Immunity of members and legal advisers of professional conduct committees and other from civil liability to third parties 144Proceedings not invalid because of defect in appointment 145Notice and service of documents 146Publication of orders 147Regulations 147APower to obtain information 147BPrivilege 148Offences 148AFailure by employer to report to Board not offence

Consequential amendments

149Consequential amendments

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Provisions applying to Social Workers Registration Board

Schedule 2:
Provisions applying to Social Workers Disciplinary Tribunal

Schedule 3:
Consequential amendments

Social Workers Registration Act 2003

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

35: Conditions on practising certificates

You could also call this:

"Rules social workers must follow to keep their practising certificate"

Illustration for Social Workers Registration Act 2003

A practising certificate for social workers can have conditions on it. You need to know what these conditions are if you want to work as a social worker. The conditions are part of the rules that social workers must follow, as outlined in the Social Workers Registration Act 2003, which was amended by the Social Workers Registration Legislation Act 2019.

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This page was last updated on 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190204.

Topics:

Work and jobs > Job licensesGovernment and voting > Government departmentsHealth and wellbeing > Mental health

34: Currency of practising certificates, or

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

35A: Scope of practice must be endorsed on practising certificates, or

"Your social worker certificate must say what jobs you can do."

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

35Conditions on practising certificates (Repealed)

Notes

Section 35: repealed, on 27 February 2021, by section 51 of the Social Workers Registration Legislation Act 2019 (2019 No 3).