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Social Workers Registration Act 2003

Competence and fitness - Competence

38: Competence to practise as a social worker

You could also call this:

"Proving you're good enough to work as a social worker"

Illustration for Social Workers Registration Act 2003

The Board must think you are competent to practise as a social worker if you complete a competence assessment they require. You must have the skill and knowledge to practise as a social worker and meet the professional standards expected of a social worker. The Board will decide this based on your assessment results.

The Board can tell the Registrar to arrange for you to complete a competence assessment when you apply to register. If section 6 applies to you, the Board can only give this direction if certain conditions are met.

The Board can review your competence to practise as a social worker under section 39 and decide you are competent without making you complete an assessment if they have no reason to think you are not competent.

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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=DLM190209.

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"Temporary social worker licence"

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38A: Professional development for practising social workers, or

"Social workers must keep their skills up to date with training and courses to do their job well."

Part 3Competence and fitness
Competence

38Competence to practise as a social worker

  1. At any time, the Board must find a person's competence to practise as a social worker is satisfactory for the purposes of this Act if—

  2. the person has completed a competence assessment required by the Board for the purpose of determining whether their competence to practise as a social worker is satisfactory for the purposes of this Act; and
    1. in the Board's opinion, reached in the light of the outcome of the assessment, the person—
      1. has the skill and knowledge required to practise as a social worker in accordance with the person’s registration (or proposed registration); and
        1. meets the professional standards reasonably to be expected of a social worker.

        2. The Board may direct the Registrar to arrange for the applicants for registration to complete competence assessments for the purposes of subsection (1)(a).

        3. In the case of an applicant to whom section 6 applies, the Board can give a direction under subsection (2) only if section 6(2) applies.

        4. Subsection (1) does not prevent the Board, when reviewing under section 39 a person's competence to practise as a social worker, from concluding, without the person's having completed a competence assessment, that it has no reason to believe that the person’s competence may be unsatisfactory.

        Notes
        • Section 38 heading: amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38(1): amended, on , by section 57(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38(1): amended, on , by section 57(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38(1)(a): replaced, on , by section 57(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38(1)(a): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
        • Section 38(1)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
        • Section 38(1)(b)(i): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
        • Section 38(1)(b)(i): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38(1)(b)(ii): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38(2A): inserted, on , by section 57(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38(3): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
        • Section 38(3): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).