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Social Workers Registration Act 2003

Discipline - Procedure and decisions of Tribunal

75: Laying of charge before Tribunal

You could also call this:

"What happens when a complaint is made against a social worker and they have to go to a Tribunal"

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If you are a social worker, a charge can be laid against you before the Tribunal. This can be done by the Director of Proceedings under the Health and Disability Commissioner Act 1994 or by a professional conduct committee. The Director of Proceedings can lay a charge if the Health and Disability Commissioner notifies the Tribunal of a complaint involving the provision of health and disability services by you, and the Director of Proceedings decides that proceedings should be taken against you. A professional conduct committee can also lay a charge against you.

When a charge is laid, it must include a statement saying that the Director of Proceedings or the professional conduct committee believes there are grounds for the Tribunal to take action. The charge must also give you enough detail to understand what the grounds are. As soon as possible after a charge is laid, the Tribunal's chairperson must set a date for a hearing to consider the charge.

At the hearing, the charge must be prosecuted by the Director of Proceedings if they laid the charge, or by the professional conduct committee if they laid the charge. The Director of Proceedings or the professional conduct committee can have a lawyer or someone else represent them at the hearing. The Tribunal can decide its own procedure, but it must be fair and follow the rules of natural justice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190258.

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Part 4Discipline
Procedure and decisions of Tribunal

75Laying of charge before Tribunal

  1. A charge against a social worker may be laid before the Tribunal—

  2. by the Director of Proceedings under the Health and Disability Commissioner Act 1994 if,—
    1. after conducting an investigation under Part 4 of that Act, the Health and Disability Commissioner notifies the Tribunal of a complaint involving the provision of health and disability services by the social worker; and
      1. under section 49 of that Act, the Director of Proceedings decides that proceedings should be taken against the social worker under this Part; or
      2. by a professional conduct committee under this Part.

        1. The charge must contain—

        2. a statement to the effect that the Director of Proceedings or professional conduct committee has reason to believe that grounds exist entitling the Tribunal to exercise its powers under this Part; and
          1. enough detail to inform the social worker clearly of the substance of the grounds.

            1. As soon as is reasonably practicable after a charge is laid before the Tribunal, its chairperson must convene a hearing to consider the charge.

            2. If the charge was laid by the Director of Proceedings, it must be prosecuted at the hearing by the Director of Proceedings.

            3. If the charge was laid by a professional conduct committee, it must be prosecuted at the hearing by that committee.

            4. The Director of Proceedings or a professional conduct committee may be represented, by counsel or otherwise, in prosecuting the charge.

            5. Except as otherwise provided in this Part, the Tribunal—

            6. may determine its own procedure; but
              1. must observe the rules of natural justice.

                Notes
                • Section 75(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                • Section 75(1)(b): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                • Section 75(2)(a): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                • Section 75(5): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                • Section 75(6): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).