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Social Workers Registration Act 2003

Consequential amendments

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for when the new social worker law started and how it affects existing applications and registrations"

Illustration for Social Workers Registration Act 2003

The Social Workers Registration Act 2003 has some special rules. You need to know what happens when new laws come into effect. The Act says what to do with applications and registrations that are not finished yet.

When the new laws start, some things will change for social workers who are already registered. You will still be registered, but some rules might be different. The Board will decide what to do with applications that are not finished yet.

There are also rules about what happens to information that was given to the department before the new laws started. This information will be given to the Board, and they will use it to make decisions. The Board can also ask for more information if they need it.

If you applied to be a social worker before the new laws started, but your application was not decided yet, the Board will finish processing it. They might ask for more information or do an assessment to make sure you are qualified. The Board will make a decision about your application based on the new laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS167982.

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Schedule 1: Provisions applying to Social Workers Registration Board, or

"Rules for the Social Workers Registration Board"

1AATransitional, savings, and related provisions Empowered by s 4A

1Provisions relating to Social Workers Registration Legislation Act 2019

1Registration based on practical experience under section 13 following commencement of mandatory registration provisions and before repeal of section 13

  1. For the purpose of this clause, commencement date means the date on which section 11 of the Social Workers Registration Legislation Act 2019 comes into force. (That section inserts new sections 6AA and 6AAB into this Act, which require mandatory registration for social workers.)

  2. This clause applies to a person who makes an application to be registered as a social worker based on practical experience under section 13 of this Act on or after the commencement date if the Board considers that—

  3. the criteria in section 13 are likely to be met by the applicant; but
    1. it cannot make a final decision about full registration until further information is provided to it by 1 or both of the following means:
      1. the production of additional evidence on any matter relevant to the application by the applicant:
        1. the completion of a competence assessment by the applicant.

        2. The Board may decide that the applicant can be registered temporarily while further information is obtained and provided to the Board, and—

        3. section 11 of this Act applies; and
          1. section 15 of this Act does not apply.

            2Registration of persons based on practical experience under section 13 following repeal of section 13

            1. For the purpose of this clause, commencement date means the date on which section 24 of the Social Workers Registration Legislation Act 2019 comes into force. (That section repeals section 13 of this Act.)

            2. Subclause (3) applies to a person who was registered as a social worker based on practical experience under section 13 of this Act before the commencement date.

            3. The person’s registration continues to have effect on and after the commencement date as if the person had been registered under section 8F of this Act, subject to the other provisions of this Act (as the Act reads on and after the commencement date).

            4. Subclause (5) applies to a person who makes an application to be registered as a social worker based on practical experience under section 13 before the commencement date but the application has not been decided by the Board by the commencement date.

            5. The application must be considered on or after the commencement date under the criteria in section 13 as it read immediately before the commencement date.

            Notes
            • Schedule 1AA clause 2(3): amended, on , by section 20(1) of the Social Workers Registration Amendment Act 2025 (2025 No 17).

            3Social workers who are registered immediately before implementation of scope or scopes of practice for social work profession to be treated as having authorised individual scope of practice

            1. For the purpose of this clause, commencement date means the date on which section 11 of the Social Workers Registration Legislation Act 2019 comes into force.

            2. This clause applies to a person who is registered as a social worker under this Act immediately before the commencement date.

            3. On and after the commencement date, the person is—

            4. to be treated as being authorised under section 8A to practise within a scope of practice of the social work profession notified under section 5A in relation to any social work service listed in that scope of practice that was undertaken by them prior to the commencement date; and
              1. permitted to continue to perform that social work service.

                1. If the practice of a social work service referred to in subclause (3)(a) was subject to a condition on a social worker’s practising certificate immediately before the repeal date, the authorisation under that subclause is to be treated as being subject to that same condition.

                2. At any time at the Board’s discretion and otherwise in accordance with the provisions of this Act, the Board may cancel or vary a condition imposed on the authorisation of a social worker under this clause or include a new condition on that authorisation.

                4Complaints assessment committees

                1. For the purpose of this clause, commencement date means the date on which section 94 of the Social Workers Registration Legislation Act 2019 comes into force.

                2. This clause applies to a complaints assessment committee that has been appointed but has yet to make a determination about a complaint or notice of conviction that has been referred to it, or is considering any other matter, immediately before the commencement date.

                3. Despite anything to the contrary in this Act, a complaints assessment committee is to be treated on and after the commencement date as a professional conduct committee under this Act.

                4. A complaint or notice of conviction that is being considered by a complaints assessment committee and is yet to be determined immediately before the commencement date must be determined under section 71 as it reads on and after the commencement date.

                5. Any other matter being considered by a complaints assessment committee and that is yet to be concluded immediately before the commencement date must be dealt with under the provisions of this Act as those provisions read on and after the commencement date.

                6. Any determination made and any other thing done by a complaints assessment committee before the commencement date is to be treated as if it were done by a professional conduct committee under this Act.

                5Continuation of membership of Board

                1. For the purpose of this clause, commencement date means the date on which section 116 of the Social Workers Registration Legislation Act 2019 comes into force.

                2. This clause applies to a person who is a member of the Board immediately before the commencement date.

                3. Despite anything to the contrary in this Act, including in section 106 as it reads on and after the commencement date, the person continues as a member of the Board until the expiry of their term or until the occurrence of any of the events described in section 45 of the Crown Entities Act 2004.

                6Continuation of membership of Tribunal

                1. For the purpose of this clause, commencement date means the date on which section 119 of the Social Workers Registration Legislation Act 2019 comes into force.

                2. This clause applies to a person who is the chairperson, a deputy chairperson, or other member of the Tribunal immediately before the commencement date.

                3. Despite anything to the contrary in this Act, including in section 116 as it reads on and after the commencement date, the person—

                4. continues as the chairperson or a deputy chairperson until their term of appointment expires; or
                  1. continues as a member until 5 years has elapsed since the date on which they were appointed in accordance with section 118(1)(b) of this Act.

                    2Provisions relating to Social Workers Registration Amendment Act 2025

                    7Interpretation

                    1. In this Part, amendment Act means the Social Workers Registration Amendment Act 2025.

                    Notes
                    • Schedule 1AA clause 7: inserted, on , by section 20(2)(a) of the Social Workers Registration Amendment Act 2025 (2025 No 17).

                    8Social worker subject to interim suspension or change to scope of practice before commencement date

                    1. In this clause, commencement date means the date on which section 10 of the amendment Act comes into force.

                    2. This clause applies to a social worker who, immediately before the commencement date, was subject to an interim suspension of the social worker’s registration or practising certificate (or both) or to a change to the social worker’s individual scope of practice for 1 or both of the periods set out in section 57A(4) (as it read immediately before the commencement date).

                    3. On and after the commencement date, the Board may make a further direction for any further period or periods if it considers that the direction is reasonable and necessary to allow further investigation or a medical examination to take place.

                    Notes
                    • Schedule 1AA clause 8: inserted, on , by section 20(2)(a) of the Social Workers Registration Amendment Act 2025 (2025 No 17).

                    9Transfer of specified information to Board

                    1. In this clause, commencement date means the date on which section 18 of the amendment Act comes into force.

                    2. Subclause (3) applies to any information, document, or copy of or extract from a document (specified information) that, before the commencement date, was—

                    3. given to the department by a person in accordance with a written notice issued by the chief executive under section 147A(1) or following a request by the chief executive under section 147A(3); or
                      1. voluntarily given to the department or the chief executive by a person for the purposes of section 147A; or
                        1. produced or generated by the department or the chief executive for the purposes of section 147A.

                          1. On and after the commencement date, the specified information must be treated as if it were held by the Board.

                          2. Subclause (5) applies if, before the commencement date, the chief executive had asked a person in writing under section 147A(3) to give information to the department before issuing a written notice to the person under section 147A(1).

                          3. On and after the commencement date, the Board may issue the written notice under section 147(1) to the person in respect of the information.

                          Notes
                          • Schedule 1AA clause 9: inserted, on , by section 20(2)(a) of the Social Workers Registration Amendment Act 2025 (2025 No 17).

                          10Delegate may determine outstanding matters relating to pending application for registration

                          1. In this clause, commencement date means the date on which section 21 of the amendment Act comes into force.

                          2. This clause applies to an application for registration as a social worker that was made before the commencement date but was not determined before that date.

                          3. On and after the commencement date, a person to whom the Board has delegated any of its functions, duties, and powers relating to registration may determine any outstanding matters relating to the application.

                          Notes
                          • Schedule 1AA clause 10: inserted, on , by section 20(2)(a) of the Social Workers Registration Amendment Act 2025 (2025 No 17).