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Social Workers Registration Act 2003

Discipline - Professional conduct committees

71: Determination of complaint or notice of conviction by professional conduct committee

You could also call this:

"A committee decides what to do about a complaint against a social worker"

Illustration for Social Workers Registration Act 2003

When a complaint or notice of conviction is sent to a professional conduct committee, they must make a decision. You will be given a chance to explain yourself in writing or in person. The committee can decide to review your ability to work as a social worker.

If you make a complaint, you will also be given a chance to explain yourself in writing or in person. The committee can decide to send the complaint to mediation, ask the social worker to apologise, or tell the social worker off. They can also ask the social worker to do some training or mentoring.

The committee might ask you to support your complaint with a statutory declaration. If you go to a meeting with the committee, you can bring a support person with you. The committee will tell you and the social worker what they decide, and why they made that decision.

If the committee decides not to take any more action, they will tell you and the social worker. They will also explain why they made that decision.

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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=DLM190253.

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72: Procedure after committee makes determination (other than to take no further action), or

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Part 4Discipline
Professional conduct committees

71Determination of complaint or notice of conviction by professional conduct committee

  1. As soon as is reasonably practicable after a complaint or notice of conviction is referred to a professional conduct committee, the committee must make 1 or more of the following determinations—

  2. the Board should review the competence or fitness of the social worker concerned to practise as a social worker (or both); or
    1. the Board should review the social worker’s individual scope of practice; or
      1. in the case of a complaint, the committee should—
        1. submit it to conciliation or mediation; or
          1. recommend that the Board direct the social worker to apologise to the complainant; or
            1. recommend that the Board censure the social worker; or
              1. recommend that the Board refer the allegations to the Police for investigation; or
                1. recommend that the Board direct the social worker to undertake 1 or more of the following:
                  1. training:
                    1. mentoring:
                      1. counselling; or
                    2. the committee should submit the complaint or conviction to the Tribunal; or
                      1. no further steps should be taken under this Act in relation to the complaint or conviction.

                        1. In making a determination, the committee—

                        2. may undertake or arrange for any investigations it thinks necessary; and
                          1. in the case of a complaint, may have regard to—
                            1. any investigations or considerations of the subject matter of the complaint already carried out (whether by the Children’s Commissioner, an employer or former employer of the social worker, or any other person, body, court, or tribunal); and
                              1. the consequences (if any) of any investigation or consideration carried out.

                              2. Before making a determination,—

                              3. the committee—
                                1. must give the social worker a reasonable opportunity to make a written explanation or statement in relation to the complaint or conviction; and
                                  1. may, on the social worker's application or of its own motion, give the social worker a reasonable opportunity to appear before it to make an explanation or statement in relation to the complaint or conviction; and
                                  2. in the case of a complaint, the committee—
                                    1. must give the complainant a reasonable opportunity to make a written statement in relation to it; and
                                      1. may, on the complainant's application or of its own motion, give the social worker a reasonable opportunity to appear before the committee to make a statement in relation to it.

                                      2. The committee may require a complaint referred to it to be supported by a statutory declaration.

                                      3. A person exercising the person’s right to appear before the committee to make a statement in relation to a complaint is entitled to be accompanied by 1 person of the person’s choice who agrees to attend.

                                      4. The committee may permit a person exercising the person’s right to appear before the committee to make a statement in relation to a complaint 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 (5).

                                      5. If the committee makes a determination that no further steps should be taken under this Act in relation to a complaint or conviction,—

                                      6. no further steps may be taken under this Act in relation to the complaint or conviction; and
                                        1. the committee must give the social worker (and, in the case of a complaint, the complainant) written notice of—
                                          1. the determination; and
                                            1. the committee's reasons.

                                            Notes
                                            • Section 71 heading: amended, on , by section 96(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                            • Section 71 heading: amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                            • Section 71(1): amended, on , by section 12(1) of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                            • Section 71(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                            • Section 71(1)(a): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                            • Section 71(1)(a): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                            • Section 71(1)(ab): inserted, on , by section 97 of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                            • Section 71(1)(b): replaced, on , by section 96(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                            • Section 71(2): amended, on , by section 12(2) of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                            • Section 71(2)(b)(i): amended, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                            • Section 71(3): amended, on , by section 12(2) of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                            • Section 71(3)(a)(ii): editorial change made by the PCO, on , under sections 86(1) and 87(l)(ii) and (iv) of the Legislation Act 2019 (2019 No 58).
                                            • Section 71(3)(a)(ii): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                            • Section 71(3)(b)(ii): editorial change made by the PCO, on , under sections 86(1) and 87(l)(ii) and (iv) of the Legislation Act 2019 (2019 No 58).
                                            • Section 71(3)(b)(ii): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                            • Section 71(5): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                            • Section 71(6): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).