Sandra McCarthy

The Tribunal accepts that there is not sufficient evidence in this case that Sandra McCarthy has ‘held himself or herself out’ to the Board or their employer that he/she was registered while not holding an APC. If the Tribunal had made a finding of professional misconduct penalties under section 83 of the Act may have been considered. The Act, as it stands, in respect of penalties for breaching section 25 does not provide any other sanctions or penalties other than section 48 (3) that “Every social worker commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000 or both, who is engaged or employed as a social worker contrary to section 25”. The Tribunal is not convinced that this is an appropriate penalty in these circumstances. This is the first time Sandra McCarthy has had a disciplinary charge laid before the Tribunal. However, the Tribunal accepts that Sandra McCarthy is likely to still be practising.