Plain language law

New Zealand law explained for everyone

Social Workers Registration Act 2003

Competence and fitness - Competence

40: Form of review

You could also call this:

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

Illustration for Social Workers Registration Act 2003

When you are a social worker, the Board checks if you are competent to practise as a social worker. The Board must give you written notice stating why they are checking your competence. They must also tell you what information they have about your competence. You have the right to make written submissions and to be heard on the review, either personally or by a representative. The Board tells you why they are checking your competence and what information they have. You can then respond in writing or in person. If you want to be heard in person, you can bring one person with you, and the Board might let you bring more people if you want. The review can be done in a way the Board thinks is best, except for some specific rules, including what is said in clause 33(1) of Schedule 1.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM190211.

Topics:
Work and jobs > Job licenses
Previous

39: Reviews of competence to practise as a social worker, or

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

Next

41: Actions after review of competence, or

"What happens if the Board checks a social worker's competence and finds they need to improve"

Part 3Competence and fitness
Competence

40Form of review

  1. When reviewing a social worker’s competence to practise as a social worker, the Board must—

  2. give the social worker written notice—
    1. stating why the social worker’s competence to practise as a social worker is being reviewed; and
      1. describing any information relating to the social worker’s competence to practise as a social worker it has in its possession; and
        1. stating that the social worker has a reasonable opportunity to make written submissions and to be heard on the review, either personally or by a representative; and
        2. give the social worker a reasonable opportunity to make written submissions and to be heard on the review, either personally or by a representative.

          1. A statement under subsection (1)(a)(i) must contain enough detail to inform the social worker clearly of the particular grounds for the review.

          2. A social worker exercising the social worker’s right to be heard personally is entitled to be accompanied by 1 person of the social worker’s choice who agrees to attend.

          3. The Board may permit a social worker exercising the social worker’s right to be heard personally to be accompanied by any number of people of the social worker’s choice who agree to attend, in addition to the person by whom the social worker is entitled to be accompanied by subsection (3).

          4. Except as provided in subsections (1) to (4) and clause 33(1) of Schedule 1, the review may be conducted as the Board thinks fit.

          Notes
          • Section 40(1): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
          • Section 40(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
          • Section 40(1)(a)(i): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
          • Section 40(1)(a)(i): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
          • Section 40(1)(a)(ii): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
          • Section 40(1)(a)(ii): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
          • Section 40(1)(a)(iii): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
          • Section 40(1)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
          • Section 40(3): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
          • Section 40(4): editorial change made by the PCO, on , under sections 86(1) and 87(l)(ii) and (iv) of the Legislation Act 2019 (2019 No 58).
          • Section 40(4): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).