This guidance outlines the professional obligations, with respect to the SWRB in its regulatory role, if a social worker is charged with a crime.
This guidance is not legal advice, and it is important that you seek independent legal advice on your rights and obligations when charged.
You can also download this information in a brochure format.
Brochure: Criminal Charges - guidance for social workers
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What should I do if I am charged with an offence?
A charge is the starting point of the criminal justice process. This means that the Police have accused you of a criminal offence (different from a conviction). Being charged with a criminal offence is relevant to your safety to practice social work, and you must report to the SWRB under Standard 9.8 of the Code of Conduct.
- Inform your employer and the SWRB about the charge as soon as possible. Transparency is critical to maintaining professional trust and accountability.
- Seek legal advice and contact a professional body, e.g., ANZASW, or your union for additional support.
- Cooperate fully with any investigations or reviews conducted by your employer and SWRB processes. Discuss the matter with your supervisor. You might consider counselling or engaging in professional development to address any of the underlying issues related to the conviction.
Contact the SWRB by email at professionalstandards@swrb.govt.nz. Include all relevant information of the charge, or conviction, and where possible, the Police charge sheet.
What happens to my registration and practising certificate if I am charged?
You must promptly advise the SWRB if you are charged with an offence. The Registrar may refer your case to the Board as a fitness to practice matter. In this process, you would be invited to respond before any decision on issuing, refusing your practising certificate, or applying conditions.
What happens to my social work registration if I am convicted?
If you are convicted of an offence punishable by three months’ imprisonment or more, section 65A of the Social Workers Registration Act 2003 applies. More information is set out in the Code of Conduct in Practice guide 9.
It’s important to bear in mind that the SWRB’s processes as a regulator run separately from the court system. The standards of proof for the court and the SWRB are different. Even if charges do not result in a conviction, you are found not guilty or you are discharged without conviction, the SWRB may still investigate your fitness to practise.
SWRB principles
Legislative processes and the principles of natural justice underpin the work of the SWRB, and ensure fairness, including:
- the right to respond to information used in decision-making.
- impartial, unbiased decision-makers
- transparent and reasoned decisions.
The SWRB Code of Conduct
The Code of Conduct (the Code) sets out the minimum professional standards of integrity and conduct that apply to registered social workers.
The Code’s standards and principles provide professional guidance on how a social worker might respond if they receive a criminal charge.
Principle 1: Act with integrity and honesty
Standard 1.1: Act honestly and ethically in all personal and professional behaviour.
Principle 9: Maintain public trust and confidence in the social work profession
Standard 9.8: Inform the SWRB, without delay, if anywhere in the world you have been charged with or found guilty of a criminal offence, have been dismissed or suspended from work, or have resigned for reasons relating to competence or conduct.
Principles 1 and 9 provide guidance on the exercise of professional practice during investigations or complaints about a social worker’s conduct. The Board will be seeking assurance that a social worker who has been charged with an offence continues to act professionally following the Code of Conduct.
Reflections
Below are some questions to reflect on during a supervision session.
- What factors may have contributed to the charge?
- Has the charge caused harm to others? How can I remedy this?
- How can I use this for personal and professional growth?
- What development will restore public confidence in my practice?
- How can I ensure the charges won’t affect my fitness to practise?
- What professional support can I access?
Seek independent advice
This guidance is not legal advice. You are encouraged to seek independent legal advice regarding your rights and obligations in any court process and with respect to your circumstances when engaging with your employer and the SWRB. As a regulator, the SWRB does not provide legal advice to anyone in respect of their individual circumstances.
Summary
You must be transparent by informing your employer and the SWRB of any charges. While respecting your privacy, the SWRB has a duty to protect the public and uphold the integrity of the profession.
Being open and responsible is key to maintaining trust in the profession.
A fair regulatory process protects the public, maintains professional trust, and safeguards your rights and wellbeing.
