Glossary

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.