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Social Workers Registration Act 2003

Discipline - Procedure and decisions of Tribunal

83: Penalties

You could also call this:

"What happens to social workers who do something wrong"

Illustration for Social Workers Registration Act 2003

If the Tribunal is satisfied that a social worker has done something wrong, it can make orders against them. The Tribunal can cancel the social worker's registration, or suspend it for up to 3 years. It can also impose conditions on the social worker's practice.

The Tribunal can censure the social worker, which means it formally disapproves of their actions. It can also order the social worker to pay a fine of up to $10,000. The social worker may be ordered to apologise to the person who made the complaint.

The Tribunal can order the social worker to pay some or all of the costs of the investigation or hearing. This includes costs related to an investigation by the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994. Before cancelling a social worker's registration, the Tribunal must consider suspending their registration or imposing conditions on their practice.

If a social worker has been convicted of an offence in court, the Tribunal cannot impose a fine. The Tribunal must consider any damages awarded against the social worker under section 57 of the Health and Disability Commissioner Act 1994 when deciding whether to impose a fine. The Tribunal can order the social worker to undergo additional training or professional development.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190266.

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82: Grounds on which Tribunal may make order, or

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

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Part 4Discipline
Procedure and decisions of Tribunal

83Penalties

  1. If satisfied of any matter referred to in section 82(1), the Tribunal may make any or all of the following orders:

  2. an order that—
    1. the registration of the social worker concerned be cancelled, or their registration or practising certificate be suspended for a period of not more than 3 years; or
      1. for a period of not more than 3 years, the social worker may practise as a social worker only in accordance with stated conditions in their individual scope of practice (as to employment, supervision, or otherwise):
      2. an order that the social worker is censured:
        1. an order that the social worker pay a fine of not more than $10,000 to the Board:
          1. an order that the social worker apologise to the complainant:
            1. an order that the social worker undergo stated additional training, professional development, or both:
              1. an order that the social worker pay part or all of the costs and expenses of and incidental to any or all of the following:
                1. any investigation made by the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994 in relation to the subject matter of any charge concerned:
                  1. any inquiry made by a professional conduct committee in relation to the subject matter of any charge concerned:
                    1. the prosecution of any charge concerned by the Director of Proceedings or professional conduct committee:
                      1. the hearing concerned.

                      2. The Tribunal must not make an order cancelling a social worker’s registration unless it has first considered suspension of the person’s registration or practising certificate or the imposition of conditions in their individual scope of practice.

                      3. In dealing with a matter that constitutes an offence for which the social worker has been convicted by a court, the Tribunal must not impose a fine.

                      4. The Tribunal must have regard to the amount of any award of damages against the social worker under section 57 of the Health and Disability Commissioner Act 1994 in respect of the conduct concerned, when determining—

                      5. whether to make an order that the social worker pay a fine; or
                        1. the amount of any fine.

                          1. In this section, stated conditions or imposition of conditions includes stating or imposing a new condition or varying or cancelling an existing condition.

                          Notes
                          • Section 83(1)(a)(i): amended, on , by section 109(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(1)(a)(i): amended, on , by section 109(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(1)(a)(i): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(1)(a)(ii): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 83(1)(a)(ii): amended, on , by section 110(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(1)(a)(ii): amended, on , by section 109(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(1)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 83(1)(c): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 83(1)(ca): inserted, on , by section 109(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(1)(ca): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 83(1)(d): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 83(1)(e): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 83(1)(e)(ii): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(1)(e)(iii): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(2): replaced, on , by section 109(5) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(2): amended, on , by section 110(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 83(4)(a): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 83(5): inserted, on , by section 110(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).