47Fitness to practise as a social worker

1. The Board may find a person (A) is not a fit and proper person to practise as a social worker only if it is satisfied that there are grounds on which a reasonable person would reach that conclusion.

2. The Board may be satisfied that those grounds exist if 1 or more of the following circumstances occur:

3. A has not satisfied the Board that A is able to communicate effectively for the purposes of practising as a social worker:
4. A has not satisfied the Board that A’s ability to communicate in and comprehend English is sufficient to protect the health and safety of the public:
5. A has been convicted, in New Zealand or overseas, of an offence punishable by imprisonment of 3 months or more, and the Board is satisfied that the nature and circumstances of the offence reflect adversely upon A’s fitness to practise as a social worker:
6. the Board is satisfied that A is unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition:
7. the Board is satisfied on reasonable grounds that A is not of good character or reputation:
8. professional disciplinary proceedings are being taken against A in New Zealand or overseas, and the Board considers on reasonable grounds that those proceedings reflect adversely upon A’s fitness to practise as a social worker:
9. A is subject to an investigation in New Zealand or overseas (for example, an investigation by the Health and Disability Commissioner) relating to any matter that may lead to the taking of professional disciplinary proceedings against A, and the Board considers on reasonable grounds that the investigation reflects adversely upon A’s fitness to practise as a social worker:
10. a finding or an order has been made against A in professional disciplinary proceedings or an investigation, and A has not satisfied the Board that the finding or order does not reflect adversely upon A’s fitness to practise as a social worker:
11. the Board is satisfied on reasonable grounds that A may endanger the health or safety of a member or members of the public.

12. In the case only of an applicant for registration, the Board may reserve its decision on whether the applicant is a fit and proper person to practise as a social worker if it is satisfied—

13. that—
    1. professional disciplinary proceedings are being taken against the applicant (whether in New Zealand or overseas); or
    2. a licensing or registration organisation (whether in New Zealand or overseas) is making investigations that may lead to the taking of professional disciplinary proceedings against the applicant; or
    3. the Health and Disability Commissioner is making investigations that may lead to the taking of professional disciplinary proceedings against the applicant; and
14. that the circumstances suggest a reasonable possibility that the applicant is not a fit and proper person to practise as a social worker.