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Social Workers Registration Act 2003

Discipline - Procedure and decisions of Tribunal

80: Special protection for certain witnesses

You could also call this:

"Some witnesses get extra protection when giving evidence, like being able to speak in private."

Illustration for Social Workers Registration Act 2003

When you are a witness at a Tribunal hearing, you have special rights. If you are under 18 years old, or if your evidence is about a sexual matter or something that might be distressing, you can ask to give your evidence in private. The person in charge of the hearing must tell you that you can give your evidence in private and ask if you want to.

If you want to give your evidence in private, only certain people can be in the room with you. These people include the Tribunal members, the social worker, and their lawyer. You can also choose one person to be with you, like a family member or friend, if they agree to be there. The social worker can also choose one person to be with them.

You can object to the social worker's chosen person being in the room if you do not want them there. No one is allowed to publish anything that might identify you as a witness or share what you said in your evidence. However, if you are 18 years old or over, you can ask the Tribunal for permission to share your evidence, and they might agree if they think you understand what you are asking for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190263.

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Crime and justice > Courts and legal helpRights and equality > Privacy
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Part 4Discipline
Procedure and decisions of Tribunal

80Special protection for certain witnesses

  1. This section applies to evidence to be given at a hearing of the Tribunal by—

  2. a witness (including a complainant) aged under 18 years; or
    1. any other witness (including a complainant) if the evidence—
      1. relates to or involves a sexual matter; or
        1. in the Tribunal’s opinion, relates to or involves some other matter that may require the witness to give intimate or distressing evidence.

        2. Before a witness at a hearing by the Tribunal begins to give oral evidence to which this section applies, the presiding officer must—

        3. tell the witness that the witness has a right to give the evidence in private; and
          1. ask if the witness wishes to give the evidence in private.

            1. If the witness is aged under 18 years, or is a witness described in subsection (1)(b) and wishes to give the evidence in private, the presiding officer must—

            2. ensure that only people referred to in subsection (4) are present in the room in which the hearing is being held; and
              1. tell the witness that the witness has a right to request the presence of any person of the witness’s choice who agrees to be present; and
                1. tell the social worker that the witness has a right to request the presence of any person of the witness’s choice who agrees to be present.

                  1. If the witness is aged under 18 years, or is a witness described in subsection (1)(b) and wishes to give the evidence in private, only the following people may be present in the room while the witness is giving the evidence:

                  2. a member or officer of the Tribunal:
                    1. the social worker concerned:
                      1. the person prosecuting the charge:
                        1. any barrister or solicitor engaged in the proceedings:
                          1. if the social worker's representative is not a barrister or solicitor, the representative:
                            1. any person responsible to the Tribunal for recording the proceedings:
                              1. any accredited news media reporter:
                                1. 1 person of the witness' choice who agrees to be present:
                                  1. 1 person of the social worker's choice who agrees to be present:
                                    1. any other person expressly permitted by the Tribunal to be present.

                                      1. The witness may object to the presence of a person of the social worker's choice (or a particular person of the social worker's choice); and in that case a person of the social worker's choice (or the particular person) may not be present in the room while the witness is giving the evidence.

                                      2. No person may publish—

                                      3. any particulars likely to lead to the identification of a witness described in subsection (1); or
                                        1. an account or a report of the evidence of the witness, including the whole or any part of any book, paper, document, or other thing produced at the hearing relating to that evidence.

                                          1. However, the Tribunal may make an order allowing publication of the matters described in subsection (6) if—

                                          2. a complainant—
                                            1. is aged 18 years or over (whether or not they were under 18 years when the matters that are the subject of their evidence occurred or when they gave evidence); and
                                              1. applies to the Tribunal for the order; and
                                              2. the Tribunal is satisfied that the complainant understands the nature and effect of the application.

                                                1. Repealed
                                                Notes
                                                • Section 80(1): replaced, on , by section 106(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                                • Section 80(2)(a): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                                • Section 80(3): amended, on , by section 106(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                                • Section 80(3)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                                • Section 80(3)(c): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                                                • Section 80(4): amended, on , by section 106(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                                • Section 80(6): replaced, on , by section 106(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                                • Section 80(6A): inserted, on , by section 106(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                                                • Section 80(7): repealed, on , by section 106(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).