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Social Workers Registration Act 2003

Competence and fitness - Competence

39: Reviews of competence to practise as a social worker

You could also call this:

"Checking if a social worker is doing their job properly"

Illustration for Social Workers Registration Act 2003

The Board can check a social worker's competence to practise as a social worker at any time. You might wonder what makes them do this - it could be because they got some information that makes them question the social worker's competence, like a report under section 38B. The Board will look at the information and decide what to do.

If the Board is told that they should review a social worker's competence under section 71(1)(a), they must do it straight away. They will review the social worker's competence to make sure they can still practise as a social worker. This is an important part of making sure social workers are doing their jobs properly.

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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=DLM190210.

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38B: Mandatory requirement for employers to report to Board if social worker believed not to be competent, or

"Employers must report social workers who are not doing their job properly to the Board."

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40: Form of review, or

"How the Board checks if a social worker is doing their job properly and what you can do about it"

Part 3Competence and fitness
Competence

39Reviews of competence to practise as a social worker

  1. The Board may at any time review a social worker’s competence to practise as a social worker, including if the Board receives information that reflects adversely on the social worker’s competence, for example, a report under section 38B.

  2. Promptly after being notified of a determination under section 71(1)(a) that the Board should review a social worker’s competence to practise as a social worker, the Board must review the social worker’s competence to practise as a social worker.

Notes
  • Section 39 heading: amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
  • Section 39(1): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
  • Section 39(1): amended, on , by section 61 of the Social Workers Registration Legislation Act 2019 (2019 No 3).
  • Section 39(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
  • Section 39(2): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
  • Section 39(2): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
  • Section 39(2): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).