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Social Workers Registration Act 2003

Competence and fitness - Fitness to practise and serious misconduct

49: Action if Board considers social worker not fit and proper

You could also call this:

"What happens if the Board thinks a social worker is not suitable to work?"

Illustration for Social Workers Registration Act 2003

If you are a social worker, the Board might think you are not a fit and proper person to work as a social worker. The Board will consider a report under section 47A or a determination under section 71(1)(a) to decide if they should review your fitness to practise. They will look at whether you are a fit and proper person to work as a social worker.

If the Board thinks you might not be a fit and proper person, they can make a complaint against you under section 59 or tell the Registrar to suspend your registration or practising certificate. Before they suspend your registration, they must tell you why and give you a chance to respond in writing or in person. You can bring one person with you when you respond in person.

The Board must give you a copy of any information they used to decide to suspend your registration. The suspension does not start until you get a copy of the direction, as stated in section 145. The Board can also give interim directions under section 57A at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190225.

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48: Consideration of fitness to practise as a social worker, or

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Part 3Competence and fitness
Fitness to practise and serious misconduct

49Action if Board considers social worker not fit and proper

  1. This section applies to a social worker if, after receiving a report under section 47A or being notified of a determination under section 71(1)(a) that the Board should review the social worker’s fitness, the Board—

  2. has considered whether the social worker is a fit and proper person to practise as a social worker; and
    1. determines that the social worker may not be a fit and proper person to practise as a social worker.

      1. If this section applies to a social worker, the Board may—

      2. make a complaint against the social worker under section 59; or
        1. direct the Registrar to suspend the social worker's registration or practising certificate.

          1. If the Board proposes to give a direction under subsection (2)(b), it must give to the social worker concerned—

          2. notice stating—
            1. why the Board proposes to give the direction; and
              1. 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
              2. 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.

                1. The statement under subsection (3)(a)(i) must contain enough detail to inform the person clearly of the particular grounds for the proposal to give the direction.

                2. The Board must not direct the Registrar to suspend the social worker's registration or practising certificate unless—

                3. it has given the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
                  1. it is satisfied that the social worker is not a fit and proper person to practise as a social worker.

                    1. The Registrar must take all reasonably practicable steps to ensure that a copy of the direction is given to the social worker as soon as is possible after it is given.

                    2. The suspension does not take effect until the social worker is given a copy of the direction (see section 145).

                    3. 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.

                    4. 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 (8).

                    5. 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.

                    Notes
                    • Section 49 heading: amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(1): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                    • Section 49(1): amended, on , by section 72(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(1)(a): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                    • Section 49(1)(a): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(1)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                    • Section 49(1)(b): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(2): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(3): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(3)(a)(ii): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                    • Section 49(3)(b): amended, on , by section 72(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(5)(b): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(7): amended, on , by section 72(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 49(8): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                    • Section 49(9): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                    • Section 49(10): inserted, on , by section 72(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).