What is the Social Workers Disciplinary Tribunal?
The Social Workers Disciplinary Tribunal hears and determines disciplinary proceedings brought against a registered social worker under Part 4 of the Social Workers Registration Act 2003. This guide does not replace the Act, which contains the legal and statutory provisions relating to the operation of the Tribunal. This guide sets out the usual procedures to be followed before and during a hearing, but the Tribunal may adopt different procedures, appropriate to the circumstances from time to time.
The Tribunal comprises a Chair, one or more deputy chairs, at least 1 lawyer and 5 other members (all appointed by the Minister) plus at least one layperson appointed by the Minister. When the Tribunal sits to hear and determine any matter, its sits with a presiding Chair or Deputy Chair plus 4 other members including one lawyer, two other members plus a layperson.
A Hearing/Executive Officer will also be present to attend to organisational functions.
Grounds on which a Tribunal may make an order
Section 82 of the Act provides a social worker may be disciplined if the Tribunal is satisfied the social worker:
- Has been guilty of professional misconduct; or
- Has been guilty of conduct that -
- Is becoming a social worker; and
- reflects adversely on the social worker's fitness to practice as a social worker; or
- has been convicted by a court (in New Zealand or elsewhere) of an offence that -
- Is punishable by imprisonment for a term of 3 months or longer and
- was committed in circumstances that reflect adversely on the social worker's fitness to practise as a social worker; or
- has failed to comply with restrictions on his or her registration, or restrictions stated under section 77(1)(b).
A social worker is guilty of professional misconduct if they:
- breach the code of conduct while employed or engaged as a social worker
- claims or holds themselves out to be registered while not holding a current practising certificate.
The Tribunal cannot penalise a social worker if, when the Board was deciding to register the social worker, they were told of the conviction and given adequate information about the circumstances of that conviction.
A social worker is not guilty of a disciplinary offence just because he or she has practised honestly and in good faith a theory of social work that is not in conflict with the code of conduct.
Commonly Used Terms
| Adjournment | When the meeting is postponed to a later date. |
| Agreed summary of facts | A statement of facts which are agreed by both parties. |
| Annotation | A note next to the Social Worker's registration information on the Social Worker's public register. |
| Audio Visual Link (AVL) | Link to a hearing – can be via Zoom or Microsoft Teams. |
| Cancellation | The Social Worker's practicing Certificate or registration is cancelled. |
| Censure | A formal statement of disapproval. |
| Conduct | Behaviour. This can be an act or omission. |
| Costs | An amount either party is ordered to pay to contribute towards the costs of the disciplinary process. |
| Counsel for the Social worker | Lawyer representing the social worker. |
| Counsel; for the Professional Conduct Committee (PCC) | Lawyer representing the Professional Conduct Committee. |
| Decision | Written outcome of the hearing. |
| Director of Proceedings | The Director of Proceedings is appointed under the Health and Disability Commissioner Act to prosecute matters that are referred to the Director by the Health and Disability Commissioner (HDC). This may only occur after the HDC has investigated and made findings on a complaint against a social worker. |
| Memoranda of Counsel | Written submissions from each party's lawyer or representative, often used to update the Tribunal on procedural matters (for example, how the hearing will run). |
| Natural justice | The basic right to a fair and unbiased process, for example being told the accusation and given a genuine chance to respond. |
| Notice of Hearing | A notice confirming the time/date/location of the hearing and confirm who will be on the Tribunal panel. The notice of hearing is sent to the parties by the Manager Tribunal. |
| Papers hearing (or; Hearing on the papers) | A hearing where neither party attends. The panel read all the material, discuss the matter and make a decision. Papers hearings are not open to the public. |
| Party | Either the social worker, the social worker's representative/counsel, counsel for the Professional Conduct Committee (PCC). |
| Permanent non-publication order(s) | Permanent suppression of someone's name, identifying particulars or personal information. |
| Pre-Hearing Conference (PHC) | A meeting between the Tribunal Chair, the parties and the Manager Tribunal. |
| Professional Conduct Committee (PCC) | A committee that investigates complaints about a social worker and can lay a charge with the Tribunal if it believes grounds exist. |
| Respondent | The Social worker who is facing a charge before the Tribunal. |
| Submissions | Are written (and may also be oral) arguments made to the Tribunal which set out each party’s position. Submissions may relate to many issues including the charge, any penalty, name suppression and costs. |
Any questions?
This guide summarises what happens before, at, and after a disciplinary hearing. If you have any questions, please email us: office@swdt.govt.nz