45Actions if social worker fails assessment

1. If a social worker fails a competence assessment, or fails or refuses to complete a competence assessment,—

2. the Registrar must notify the Board; and
3. the Board may direct the Registrar to—
   1. make either or both of the following changes to the social worker’s individual scope of practice as the Board thinks fit:
      1. change the social work service or services that the social worker is permitted to perform or not permitted to perform:
      2. include a new condition or cancel or vary an existing condition; or
   2. suspend the social worker's registration (if it is not already suspended) or practising certificate.

4. If the Board proposes to give a direction under subsection (1)(b), it must give to the social worker concerned—

5. a copy of the proposed direction; and
6. notice stating—
   1. why the Board proposes to give the direction; and
   2. that the social worker has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
7. a copy of any written information and a written summary of any other information on which the Board is relying in proposing to give the direction.

8. The statement under subsection (2)(b)(i) must contain enough detail to inform the person clearly of the particular grounds for the proposal to give the direction.

9. A direction under subsection (1)(b) remains in effect until the person concerned has—

10. satisfied all the requirements of the competence assessment (in the case of a failure of a competence assessment); or
11. undertaken a competence assessment (in the case of a failure or refusal to undertake a competence assessment).

12. The Board may extend the period within which a social worker is required to satisfy the requirements of a competence assessment.

13. Failing a competence assessment is not in itself grounds for the taking of disciplinary action.

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

15. The Board may permit a person exercising the person’s right to be heard personally to be accompanied by any number of people of the person’s choice who agree to attend, in addition to the person by whom the person is entitled to be accompanied by subsection (7).

16. Nothing in this section prevents the Board from, at any time, exercising its power under section 57A to give interim directions relating to a social worker’s registration or practising certificate.