π’ Social Workers Complaints and Disciplinary Tribunal
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The establishment date of the Social Workers Complaints and Disciplinary Tribunal is based on the commencement date of section 114 of the Social Workers Registration Act 2003, 1 October 2004, as set out in regulation 3(2) of the Social Workers Registration Act Commencement Order 2003 (SR 2003/250).
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Social Workers Registration Board website, https://swrb.govt.nz/ (accessed 13 April 2020).
-
New Zealand Legislation website (Parliamentary Counsel Office), http://www.legislation.govt.nz/ (accessed 13 April 2020).
-
New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 13 April 2020).
-
The official website of the New Zealand Government, https://www.beehive.govt.nz/ (accessed 13 April 2020).
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Establishment
The Social Workers Complaints and Disciplinary Tribunal was established on 1 October 2004 pursuant to section 114 of the Social Workers Registration Act 2003, as set out in regulation 3(2) of the Social Workers Registration Act Commencement Order 2003 (SR 2003/250).
The Tribunal was restructured in accordance with the Social Workers Registration Legislation Act 2019, which amended the Social Workers Registration Act 2003.
Function and Responsibilities
On establishment, the functions of the Social Workers Complaints and Disciplinary Tribunal were:
- to administer the complaints process concerning registered social workers (as outlined under the establishing the Act);
- to exercise the disciplinary powers over registered social workers (as conferred in the establishing Act);
- any other functions conferred or imposed on it by or under the establishing Act or any other enactment.
On 28 February 2019, the function of administering the complaints process was transferred to the Social Workers Registration Board (SWRB) in accordance with an amended Social Workers Registration Act 2003 (amended by sections 88 and 118 of the Social Workers Registration Legislation Act 2019).
Structure
Tribunal
On establishment, the Social Workers Complaints and Disciplinary Tribunal comprised of:
-
the following members appointed by the SWRB:
- a chairperson and 1 or more deputy chairpersons; and
- at least 1 barrister or solicitor of the High Court of New Zealand of not less than 7 years’ practice (whether or not the person held or had held judicial office);
- 5 other members;and
- at least 1 lay person appointed by the Minister of Social Development.
From 28 February 2019, the Tribunal consisted of the following members who were appointed by the Minister of Social Development:
- a chairperson and a deputy chairperson (who must each be a barrister or solicitor of the High Court of New Zealand of not less than 7 years’ practice, whether or not the person held or had held judicial office); and
- 5 social workers (not being social workers whose registration or practising certificate was suspended); and
- at least 1 layperson.
A member of the SWRB was not eligible to be a member of the Tribunal.
Hearings
For the purposes of a particular hearing, the Tribunal comprised:
- as presiding officer, the chairperson of the Tribunal or a deputy chairperson chosen by the chairperson; and
- of the 5 members who are social workers, 3 members chosen by the chairperson; and
- the layperson or, if 2 or more persons were appointed, 1 of those persons chosen by the chairperson.
A hearing of the Tribunal:
- was required to be held at times and places the Tribunal or the presiding officer appointed for it; and
- could be adjourned from time to time and from place to place by the Tribunal or the presiding officer.
A hearing of the Tribunal could not take place unless all its members for the hearing were present; but a decision of a majority of those members was the decision of the Tribunal for the purposes of the hearing.
Support
The SWRB secretariat provided administrative support to the Tribunal.1
Footnotes:
- p.13, Social Workers Registration Board-Kahui Whakamana Tauwhiro - Briefing for the Incoming Minister of Social Development, September 2017, The official website of the New Zealand Government, https://www.beehive.govt.nz/sites/default/files/2017-12/Social%20Workers%20Registration%20Board.pdf (accessed 13 April 2020).
Show History
Establishment
The Social Workers Complaints and Disciplinary Tribunal was established on 1 October 2004 pursuant to section 114 of the Social Workers Registration Act 2003, as set out in regulation 3(2) of the Social Workers Registration Act Commencement Order 2003 (SR 2003/250).
The Tribunal was restructured in accordance with the Social Workers Registration Legislation Act 2019, which amended the Social Workers Registration Act 2003.
Function and Responsibilities
On establishment, the functions of the Social Workers Complaints and Disciplinary Tribunal were:
- to administer the complaints process concerning registered social workers (as outlined under the establishing the Act);
- to exercise the disciplinary powers over registered social workers (as conferred in the establishing Act);
- any other functions conferred or imposed on it by or under the establishing Act or any other enactment.
On 28 February 2019, the function of administering the complaints process was transferred to the Social Workers Registration Board (SWRB) in accordance with an amended Social Workers Registration Act 2003 (amended by sections 88 and 118 of the Social Workers Registration Legislation Act 2019).
Structure
Tribunal
On establishment, the Social Workers Complaints and Disciplinary Tribunal comprised of:
-
the following members appointed by the SWRB:
- a chairperson and 1 or more deputy chairpersons; and
- at least 1 barrister or solicitor of the High Court of New Zealand of not less than 7 years’ practice (whether or not the person held or had held judicial office);
- 5 other members;and
- at least 1 lay person appointed by the Minister of Social Development.
From 28 February 2019, the Tribunal consisted of the following members who were appointed by the Minister of Social Development:
- a chairperson and a deputy chairperson (who must each be a barrister or solicitor of the High Court of New Zealand of not less than 7 years’ practice, whether or not the person held or had held judicial office); and
- 5 social workers (not being social workers whose registration or practising certificate was suspended); and
- at least 1 layperson.
A member of the SWRB was not eligible to be a member of the Tribunal.
Hearings
For the purposes of a particular hearing, the Tribunal comprised:
- as presiding officer, the chairperson of the Tribunal or a deputy chairperson chosen by the chairperson; and
- of the 5 members who are social workers, 3 members chosen by the chairperson; and
- the layperson or, if 2 or more persons were appointed, 1 of those persons chosen by the chairperson.
A hearing of the Tribunal:
- was required to be held at times and places the Tribunal or the presiding officer appointed for it; and
- could be adjourned from time to time and from place to place by the Tribunal or the presiding officer.
A hearing of the Tribunal could not take place unless all its members for the hearing were present; but a decision of a majority of those members was the decision of the Tribunal for the purposes of the hearing.
Support
The SWRB secretariat provided administrative support to the Tribunal.1
Footnotes:
- p.13, Social Workers Registration Board-Kahui Whakamana Tauwhiro - Briefing for the Incoming Minister of Social Development, September 2017, The official website of the New Zealand Government, https://www.beehive.govt.nz/sites/default/files/2017-12/Social%20Workers%20Registration%20Board.pdf (accessed 13 April 2020).
The establishment date of the Social Workers Complaints and Disciplinary Tribunal is based on the commencement date of section 114 of the Social Workers Registration Act 2003, 1 October 2004, as set out in regulation 3(2) of the Social Workers Registration Act Commencement Order 2003 (SR 2003/250).
- Social Workers Registration Board website, https://swrb.govt.nz/ (accessed 13 April 2020).
- New Zealand Legislation website (Parliamentary Counsel Office), http://www.legislation.govt.nz/ (accessed 13 April 2020).
- New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 13 April 2020).
- The official website of the New Zealand Government, https://www.beehive.govt.nz/ (accessed 13 April 2020).
- Social Workers Registration Legislation Act 2019
- Cabinet - Minute of Decision - Increasing the Professionalism of the Social Work Workforce (CAB-17-MIN-0234 Revised)
- Social Workers Registration Act Commencement Order 2003 (SR 2003/250)
- Public Records Act 2005
- π’ Social Workers Registration Board (2019 ‑ )
- πΌ Social workers' registration (2004 ‑ )
- π Realm of New Zealand (2004 ‑ )