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Social Workers Registration Act 2003

Discipline - Complaints

64: Suspension of action while Health and Disability Commissioner investigates

You could also call this:

"Wait for the Health and Disability Commissioner to finish looking into a complaint about a social worker before taking any further action."

Illustration for Social Workers Registration Act 2003

If you make a complaint about a social worker, it will be looked at by the Health and Disability Commissioner. You cannot take any action under this Part until the Health and Disability Commissioner tells the Board what they have decided. The Commissioner might say they are not going to investigate, or the complaint has been resolved, or they have finished investigating under the Health and Disability Commissioner Act 1994.

The Commissioner might also say they are not going to refer the complaint to the Director of Proceedings under section 45(2)(f) of the Health and Disability Commissioner Act 1994. Alternatively, the Director of Proceedings might tell the Board they have decided not to lay a charge under this Act in relation to the complaint, as per section 49 of the Health and Disability Commissioner Act 1994. This rule overrides section 65.

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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=DLM190244.

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Part 4Discipline
Complaints

64Suspension of action while Health and Disability Commissioner investigates

  1. No action may be taken under this Part about a complaint that has been notified or referred to the Health and Disability Commissioner under this Act until—

  2. the Health and Disability Commissioner notifies the Board in writing—
    1. that the complaint is not to be investigated, or investigated further, under the Health and Disability Commissioner Act 1994; or
      1. that the complaint has been resolved; or
        1. that the complaint has been investigated under the Health and Disability Commissioner Act 1994 and the complaint is not to be referred to the Director of Proceedings under section 45(2)(f) of that Act; or
        2. the Director of Proceedings notifies the Board in writing that the Director of Proceedings has decided under section 49 of the Health and Disability Commissioner Act 1994 not to lay a charge under this Act in relation to the complaint.

          1. Subsection (1) overrides section 65.

          Notes
          • Section 64(1)(a): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
          • Section 64(1)(a)(iii): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
          • Section 64(1)(b): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).