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Social Workers Registration Act 2003

Competence and fitness - Conditions affecting ability to practise as a social worker

51: Reporting of conditions affecting ability to practise as a social worker

You could also call this:

"Telling the Board about a social worker who can't do their job properly because of a health issue"

Illustration for Social Workers Registration Act 2003

If you think a social worker cannot do their job properly, you can tell the Board. You can report this if you believe the social worker has a mental or physical condition that stops them from working properly. The Board is the group that oversees social workers in New Zealand.

If you are a social worker and you think another social worker has a condition that stops them from working properly, you must tell the Board. If you do not tell the Board, you might be in trouble and someone could make a complaint against you under section 59. Your employer might also have to tell the Board if they think you have a condition that stops you from working properly.

When you tell the Board, you must write it down and say why you think the social worker has a condition that stops them from working. If your employer tells the Board, they must also say what they have done about the problem.

If you tell the Board honestly, you will not get in trouble, even if the social worker does not really have a condition that stops them from working. This means you are protected if you make a report, unless you are being mean or dishonest.

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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=DLM190228.

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50: Board to ask for Police vet, and consider convictions and other information, or

"The Board checks if you're suitable to be a social worker by looking at your police record and other information."

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52: Power to seek medical advice, or

"Getting medical advice to help you make a report"

Part 3Competence and fitness
Conditions affecting ability to practise as a social worker

51Reporting of conditions affecting ability to practise as a social worker

  1. A person who believes that a social worker may be unable to satisfactorily perform the functions required to practise as a social worker may report that belief to the Board.

  2. A social worker who believes on reasonable grounds that another social worker is unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition must promptly report that belief to the Board.

  3. A failure to report under subsection (1A) may constitute professional misconduct and be the subject of a complaint to the Board under section 59.

  4. An employer who employs 1 or more social workers and who believes on reasonable grounds that a particular social worker may be unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition must promptly report that belief to the Board.

  5. A report to the Board under subsection (1A) or (1C) must—

  6. be in writing; and
    1. state the reasons for the social worker’s or employer's belief; and
      1. if the report is made under subsection (1C), describe the action (if any) the employer has taken in relation to the matter.

        1. No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith.

        2. Subsection (2) applies even if the report contains information relating to a person other than the social worker.

        Notes
        • Section 51 heading: amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51 heading: amended, on , by section 74(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51(1): replaced, on , by section 74(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51(1A): inserted, on , by section 74(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51(1B): inserted, on , by section 74(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51(1C): inserted, on , by section 74(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51(1D): inserted, on , by section 74(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51(1D)(c): amended, on , by section 8 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
        • Section 51(2): replaced, on , by section 74(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 51(3): replaced, on , by section 74(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).