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Social Workers Registration Act 2003

Discipline - Procedure and decisions of Tribunal

77: Interim suspension of registration or practising certificate or imposition of conditions on practice

You could also call this:

"The Tribunal can temporarily stop a social worker from working or add rules to their work to keep people safe."

Illustration for Social Workers Registration Act 2003

The Tribunal can stop a social worker from working or put conditions on their work if it thinks this is necessary to keep people safe. This can happen after a notice has been given to the social worker under section 76(1). The Tribunal can do this if it gets a recommendation from the Director of Proceedings or a professional conduct committee, or if it decides to do so on its own. You might be wondering what conditions the Tribunal can impose on a social worker's practice. The Tribunal can suspend the social worker's registration or practising certificate, or let them work only under certain conditions. The Tribunal does not have to tell the social worker it is going to give a direction, but the direction must be in writing, state the reasons for it, and say that the social worker can apply to have it revoked. The direction must also be signed by the chairperson or a deputy chairperson of the Tribunal, and a copy must be given to the social worker and their employer as soon as possible. The direction takes effect from the day it is given to the social worker, as stated in section 145.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190260.

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76: Notice of disciplinary proceedings to be given to social worker, or

"Telling a social worker about a complaint made against them"

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78: Social worker may apply for revocation of direction, or

"A social worker can ask to cancel a direction made about their work."

Part 4Discipline
Procedure and decisions of Tribunal

77Interim suspension of registration or practising certificate or imposition of conditions on practice

  1. At any time after a notice has been given to a social worker under section 76(1), the Tribunal may, if it is satisfied that it is necessary or desirable to do so having regard to the need to protect the health or safety of members of the public, direct that, until the charge to which that notice related has been disposed of,—

  2. the registration or practising certificate of that social worker be suspended; or
    1. that social worker may practise as a social worker only in accordance with conditions stated in the order.

      1. The Tribunal may make an order under this section on the recommendation of the Director of Proceedings or a professional conduct committee, or of its own motion.

      2. The Tribunal does not have to give the social worker notice that it intends to give the direction.

      3. The direction must—

      4. be in writing; and
        1. state the reasons for it; and
          1. state clearly the social worker's right to apply to the Tribunal to have it revoked; and
            1. be signed by the chairperson or a deputy chairperson of the Tribunal.

              1. The Registrar must ensure that a copy of the direction is given to the social worker, and any employer of the social worker, as soon as is reasonably practicable.

              2. The direction takes effect from the day on which the copy is given to the social worker (see section 145).

              Notes
              • Section 77 heading: amended, on , by section 103(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
              • Section 77 heading: amended, on , by section 103(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
              • Section 77(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
              • Section 77(1)(a): amended, on , by section 103(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
              • Section 77(1)(b): amended, on , by section 103(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
              • Section 77(2): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
              • Section 77(6): amended, on , by section 103(5) of the Social Workers Registration Legislation Act 2019 (2019 No 3).