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Social Workers Registration Act 2003

Competence and fitness - Competence

38B: Mandatory requirement for employers to report to Board if social worker believed not to be competent

You could also call this:

"Employers must report social workers who are not doing their job properly to the Board."

Illustration for Social Workers Registration Act 2003

If you employ social workers, you must check if they are competent to do their job as soon as you think they might not be. You have to investigate and see if they need help to improve their skills. You must give them support to get better, like training, if they need it.

If you still think a social worker is not competent after helping them, you must tell the Board. You also have to tell the Board if a social worker quits or is fired because they are not competent. When you tell the Board, you have to write it down, say why you think the social worker is not competent, and describe what you did to help them.

If you tell the Board honestly, you will not get in trouble, unless you are being dishonest. You are protected if you make a report, as long as you are telling the truth.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS166233.

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38A: Professional development for practising social workers, or

"Social workers must keep their skills up to date with training and courses to do their job well."

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39: Reviews of competence to practise as a social worker, or

"Checking if a social worker is doing their job properly"

Part 3Competence and fitness
Competence

38BMandatory requirement for employers to report to Board if social worker believed not to be competent

  1. An employer who employs 1 or more social workers must, as soon as practicable after becoming aware that a social worker may not be competent to practise as a social worker within the relevant scope of practice, investigate whether the social worker is competent to do so.

  2. If, after that investigation, the employer believes that the social worker needs assistance to improve their competency, the employer must, as soon as practicable, take reasonable steps to provide that assistance, including by way of professional development.

  3. An employer who, after fulfilling their duties under subsections (1) and (2), believes on reasonable grounds that a social worker is not competent to practise must promptly report that belief to the Board.

  4. If a social worker resigns, or is dismissed from their employment, for reasons relating to competence (whether or not any action has been taken under subsections (1) and (2)), the employer who employed that social worker immediately before that resignation or dismissal must promptly report to the Board, giving reasons for that resignation or dismissal.

  5. A report to the Board must—

  6. be in writing; and
    1. state the reasons why the employer believes that the social worker is not or may not be competent to practise as a social worker; and
      1. describe the action the employer has taken to assist the social worker and the outcome of the assistance.

        1. No civil, criminal, or disciplinary proceedings may be taken against a person who makes a report under this section, unless that person has acted in bad faith.

        Notes
        • Section 38B: inserted, on , by section 58 of the Social Workers Registration Legislation Act 2019 (2019 No 3).
        • Section 38B(1): amended, on , by section 60 of the Social Workers Registration Legislation Act 2019 (2019 No 3).