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Social Workers Registration Act 2003

Discipline - Procedure and decisions of Tribunal

82: Grounds on which Tribunal may make order

You could also call this:

"When a social worker does something wrong, the Tribunal can make an order to protect the public."

Illustration for Social Workers Registration Act 2003

The Tribunal can make an order about a social worker if they are guilty of professional misconduct. You might be guilty of professional misconduct if you break the code of conduct or claim to be registered when you are not. The Tribunal can also make an order if a social worker does something that reflects badly on their ability to do their job.

If a social worker is convicted of a crime, the Tribunal can make an order if the crime is serious and reflects badly on their ability to do their job. The Tribunal can also make an order if a social worker does not follow the conditions of their individual scope of practice, which is stated under section 77(1)(b). You can find more information about what the Tribunal can do in section 83.

The Tribunal cannot make an order about a crime if the Board already knew about the crime when they decided to register the social worker. You are not guilty of a disciplinary offence just because you practised a theory of social work that is not in conflict with the code of conduct. The Tribunal's decision is based on whether the social worker's actions reflect badly on their ability to do their job, or if they broke the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190265.

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Part 4Discipline
Procedure and decisions of Tribunal

82Grounds on which Tribunal may make order

  1. The Tribunal may make an order under section 83 in respect of a social worker if, after conducting a hearing on a charge laid against the social worker, it is satisfied that the social worker—

  2. has been guilty of professional misconduct; or
    1. has been guilty of conduct that—
      1. is unbecoming of a social worker; and
        1. reflects adversely on the social worker's fitness to practise as a social worker under the social worker’s individual scope of practice; or
        2. has been convicted by a court (in New Zealand or elsewhere) of an offence that—
          1. is punishable by imprisonment for a term of 3 months or longer; and
            1. was committed in circumstances that reflect adversely on the social worker's fitness to practise as a social worker under the social worker’s individual scope of practice; or
            2. has failed to comply with conditions in their individual scope of practice stated under section 77(1)(b); or
              1. has performed a social work service that is included in a scope of practice of the social work profession but is not included in that social worker’s individual scope of practice; or
                1. has failed to act in accordance with any condition included in their individual scope of practice.

                  1. A social worker is guilty of professional misconduct if the social worker—

                  2. breaches the code of conduct; or
                    1. while practising as a social worker, claims or holds themselves out to be registered while not holding a current practising certificate; or
                      1. fails to report to the Board as required by section 51(1A); or
                        1. commits an act or omission that, in the opinion of the Tribunal, has brought or is likely to bring discredit to the social work profession.

                          1. The Tribunal must not make an order under section 83 in respect of an offence for which a social worker was convicted if, when the Board decided the social worker should be registered, it was—

                          2. aware of the conviction; and
                            1. adequately informed of the circumstances of the offence.

                              1. A social worker is not guilty of a disciplinary offence just because the social worker has practised honestly and in good faith a theory of social work that is not in conflict with the code of conduct.

                              Notes
                              • Section 82(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(1)(b)(ii): amended, on , by section 108(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(1)(c)(ii): amended, on , by section 108(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(1)(d): amended, on , by section 108(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(1)(d): amended, on , by section 107(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(1)(e): inserted, on , by section 108(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(1)(f): inserted, on , by section 108(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(2): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 82(2): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(2)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 82(2)(b): amended, on , by section 107(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(2)(b): amended, on , by section 107(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(2)(c): inserted, on , by section 107(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(2)(d): inserted, on , by section 107(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(3): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 82(3): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 82(4): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 82(4): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).