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Social Workers Registration Act 2003

Discipline - Professional conduct committees

73: Conciliation and mediation

You could also call this:

"Talking it through: helping you and a social worker resolve a complaint"

Illustration for Social Workers Registration Act 2003

When you make a complaint about a social worker, a professional conduct committee looks at it. If they think it might be resolved by talking it through, they can try to help you and the social worker come to an agreement. They might do this themselves or get someone else to help.

If the committee is not doing the talking it through themselves, they get someone independent to do it. This person is called a conciliator or a mediator. They help you and the social worker talk about the complaint.

The conciliator or mediator tells the committee what happened when you talked it through. If you and the social worker come to an agreement, the committee tells the Board. If you do not come to an agreement, the committee decides what to do next.

The committee might send the complaint to the Tribunal, which is like a court. If they do, they write down what you are complaining about and give it to the Tribunal. They also give the Tribunal a notice that says what you and the social worker agreed on and what you did not agree on.

The committee gives you and the social worker a copy of the complaint and the notice. If the committee decides not to send the complaint to the Tribunal, they tell you and the social worker their decision and why they made it. Then no one can do anything else about the complaint under this Act.

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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=DLM190255.

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72A: Board’s consideration of committee recommendation for resolving complaint, or

"The Board decides what to do about a complaint against a social worker after a committee makes a suggestion."

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74: Committee may recommend suspension of registration or practising certificate or imposition of conditions, or

"A committee can suggest stopping a social worker's licence or limiting their work."

Part 4Discipline
Professional conduct committees

73Conciliation and mediation

  1. If a professional conduct committee has decided that it should submit a complaint to conciliation,—

  2. it may—
    1. act as the conciliator; or
      1. appoint an independent person (who must not be a member of the committee or the Board) to act as the conciliator; and
      2. it, or the conciliator (if one is appointed), must try to help the social worker and the complainant to resolve the complaint by agreement.

        1. If a committee refers a case to mediation, it must appoint an independent mediator.

        2. A conciliator (if the committee is not acting as the conciliator) or a mediator must report back to the committee on the outcome of the conciliation meeting or mediation.

        3. If the committee thinks that the complaint has been successfully resolved by agreement, it must promptly give the Board written notice to that effect.

        4. If the committee thinks that the complaint has not been successfully resolved by agreement, it must promptly determine whether—

        5. the committee should submit the complaint to the Tribunal; or
          1. no further steps should be taken under this Act in relation to the complaint.

            1. If it makes a determination to submit the complaint to the Tribunal, the committee must—

            2. frame an appropriate charge; and
              1. lay it before the Tribunal, together with a notice stating—
                1. the matters on which the social worker and complainant reached agreement during conciliation; and
                  1. the matters on which the social worker and complainant did not reach agreement during conciliation; and
                  2. give a copy of the charge and notice to the social worker and the complainant.

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

                    2. no further steps may be taken under this Act in relation to the complaint; and
                      1. the committee must give the social worker and complainant written notice of—
                        1. the determination; and
                          1. the committee's reasons.

                          Notes
                          • Section 73 heading: replaced, on , by section 100(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 73(1): replaced, on , by section 100(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 73(1A): inserted, on , by section 100(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 73(1B): inserted, on , by section 100(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 73(2): amended, on , by section 13 of the Social Workers Registration Amendment Act 2025 (2025 No 17).