47AMandatory requirement for employers to report serious misconduct allegations to Board

1. An employer who employs 1 or more social workers and who believes on reasonable grounds that a social worker has engaged in serious misconduct must promptly report that belief to the Board.

2. A report to the Board must—

3. be in writing; and
4. state the circumstances of the alleged serious misconduct; and
5. state the grounds for the employer’s belief; and
6. include a copy of any written information and a written summary of any other information on which the employer’s belief is based; and
7. describe the action (if any) the employer has taken in relation to the allegation.

8. In this section, serious misconduct means conduct by a social worker—

9. that—
   1. has, or is likely to have, an unduly adverse effect on the well-being of any person with whom the social worker comes into contact in the course of their practice as a social worker; or
   2. reflects adversely on the social worker’s fitness to be a social worker; and
10. that is of a character and severity that meets the Board’s criteria for reporting serious misconduct (set under section 99(1)(oa)).

11. 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.