Social Workers Registration Act 2003

Discipline - Complaints

65A: Action to be taken by Board on receipt of notice of conviction

You could also call this:

"What happens if a social worker is convicted of something and the Board finds out"

Illustration for Social Workers Registration Act 2003

If you are a social worker and the Board finds out you have been convicted of something, they have to do something about it. The Board gets a notice of conviction and then they have to decide what to do next. They might send the notice to a special committee or they might tell you to get some help, like a medical check or counselling, but only if you agree to it.

The Board can tell you to get help if they think it will make you a better social worker. They have to say exactly what they want you to do and when they want you to do it. The Board also has to look at a report about how you are doing after you get help.

If the Board gets more than one notice about you, they can send all of them to the same committee. After the Board looks at the report, they might decide not to do anything else or they might change what you are allowed to do as a social worker. They can also send the notice to a special committee to look at it more closely.

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This page was last updated on 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS166952.

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65: Referral of complaints to professional conduct committees, or

"What happens when you complain about a social worker"

66: Professional conduct committees, or

"Teams that help decide if social workers behaved properly"

Part 4Discipline
Complaints

65AAction to be taken by Board on receipt of notice of conviction

This section applies if the Board receives a notice of conviction given under section 63.
The Board must, as soon as is reasonably practicable,—
refer the notice of conviction to a professional conduct committee; or
order the social worker to—
1. undergo any specified medical examination and treatment; or
2. undergo any specified psychological or psychiatric examination, counselling, or therapy; or
3. attend any specified course of treatment or therapy for alcohol or drug abuse.

However, if the Board considers that the notice of conviction is for a minor offence and does not need to be referred to a professional conduct committee, it may decide to take no further action on the matter.
The Board may not make an order under subsection (2)(b) unless the social worker consents—
to the examination, treatment, counselling, or therapy concerned; and
to a report being provided to the Board on the outcome of the examination, treatment, counselling, or therapy.

An order made under subsection (2)(b) must specify—
the date by which the examination, treatment, counselling, or therapy must be conducted, which must not be earlier than the date on which the order is given to the social worker (see section 145); and
the date by which the person who has examined, treated, counselled, or provided therapy to the social worker must report to the Board on the outcome of that examination, treatment, counselling, or therapy.

After receiving a report referred to in subsection (5)(b), the Board must promptly—
arrange for a copy of the report to be sent to the social worker; and
consider the report.

After considering a report, the Board may—
decide to take no further action in respect of the notice of conviction; or
make either or both of the following changes to the social worker’s individual scope of practice if the Board is satisfied that the social worker is able to practise as a social worker (within the relevant scope of practice) only if the changes are made:
1. change the social work service or services that the social worker is permitted to perform or not permitted to perform:
2. include a new condition or cancel or vary an existing condition; or
refer the notice of conviction to a professional conduct committee.

If the Board receives more than 1 notice of conviction relating to the same social worker (whether at the same time or at different times), the Board may refer both or all of the notices of conviction to the same professional conduct committee.

Notes

Section 65A: inserted, on 28 February 2019, by section 91 of the Social Workers Registration Legislation Act 2019 (2019 No 3).
Section 65A(7)(b): replaced, on 27 February 2021, by section 92 of the Social Workers Registration Legislation Act 2019 (2019 No 3).