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Social Workers Registration Act 2003

Competence and fitness - Interim suspension of registration or practising certificate or both or change to individual scope of practice while Board considers competence, fitness, or serious misconduct issue

57A: Interim suspension of registration or practising certificate or both or change to individual scope of practice

You could also call this:

"The Board can temporarily stop a social worker from working if they think it's not safe for them to do their job."

Illustration for Social Workers Registration Act 2003

If the Board thinks you are not competent or fit to be a social worker, they can stop you from working. The Board can do this if they think you might harm someone because you are not competent, or if you have a mental or physical condition that stops you from doing your job. They can also do this if you are being investigated under the Health and Disability Commissioner Act 1994 or if you are involved in a criminal proceeding.

The Board can stop you from working for up to 10 working days, or for a longer time if they need to investigate you further, as stated in section 58. They must write to you and explain why they are stopping you from working, and the letter must be signed by the chairperson of the Board. The Board can also change what you are allowed to do as a social worker, instead of stopping you from working altogether, by making changes to your individual scope of practice, as stated in subsection (3A).

If the Board changes what you are allowed to do, they can say what services you can or cannot perform, or add new conditions to your work, as stated in subsection (3A). You will get a letter from the Board that explains what is happening and why, as stated in section 55 or the Health and Disability Commissioner Act 1994.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS166701.

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57: Individual scope of practice may be changed or registration or practising certificate may be suspended because of mental or physical condition, or

"The Board can limit or stop a social worker's work if a mental or physical condition affects their job."

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57B: Notice of direction under section 57A to be given to social worker, or

"The Board must tell you in writing if they make a direction about your social work registration"

Part 3Competence and fitness
Interim suspension of registration or practising certificate or both or change to individual scope of practice while Board considers competence, fitness, or serious misconduct issue

57AInterim suspension of registration or practising certificate or both or change to individual scope of practice

  1. This section applies whenever and however an issue of competence, fitness, or serious misconduct comes to the attention of the Board unless, in the particular case, a medical examination is ordered under section 55.

  2. The Board may direct the Registrar to suspend the registration or practising certificate or both of a social worker if the Board considers on reasonable grounds that,—

  3. because of competence issues, the social worker’s practice poses a risk of serious harm to the public; or
    1. the social worker may be unable to satisfactorily perform the functions required to practise as a social worker because of a mental or physical condition; or
      1. an investigation under this Act or the Health and Disability Commissioner Act 1994, or a criminal proceeding, relating to the social worker is underway, or is reasonably contemplated, and a reasonable doubt is raised about that person’s competence or whether the person is a fit and proper person to practise as a social worker.

        1. The Board may, if the requirements of subsection (2) are met, instead of directing the suspension of a social worker’s registration or practising certificate or both, direct the Registrar to make changes to the social worker’s individual scope of practice under subsection (3A).

        2. The Board may, as it thinks fit, direct that either or both of the following changes be made to a social worker’s individual scope of practice:

        3. change the social work service or services that the social worker is permitted to perform or not permitted to perform:
          1. include a new condition or cancel or vary an existing condition.

            1. A direction under this section may be made—

            2. for a period of not more than 10 working days from the date on which a copy of the direction is given to the social worker; and
              1. for any further period or periods that are reasonable and necessary to allow the Board to satisfy itself of the matters referred to in section 58.

                1. A direction given under this section must—

                2. be in writing and be signed by the chairperson of the Board; and
                  1. set out the Board’s reasons for giving the direction.

                    Notes
                    • Section 57A: inserted, on , by section 82 of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 57A heading: amended, on , by section 84(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 57A(2)(c): amended, on , by section 10(1) of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                    • Section 57A(3): amended, on , by section 84(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 57A(3A): inserted, on , by section 84(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                    • Section 57A(4): replaced, on , by section 10(2) of the Social Workers Registration Amendment Act 2025 (2025 No 17).