Mandatory reporting

You as an employer are now required to report to the SWRB if you have any concerns about any of your social workers in regard to:

  1. Serious misconduct,
  2. Health issues, and
  3. Competence

This is part of changes required under legislation as public safety is paramount. There is further information below:

1. Serious Misconduct

Employers are required to report promptly and in writing to the SWRB if they believe a social worker they employ has engaged in serious misconduct.

  • The report must be in writing,
  • state the grounds for the belief and
  • describe what action they have taken

Draft criteria for mandatory reporting have been developed, as below.

Draft criteria serious misconduct

It is now mandatory for employers to report to the SWRB if they believe a social worker employed by them has engaged in serious misconduct, following recent amendments to the Social Workers Registration Act 2003. Serious misconduct is defined in the Social Workers Registration Act 2003 (the Act) but the SWRB is required to set the criteria for reporting by employers.

Serious misconduct in this context may differ from serious misconduct as referred to in employment contracts. The requirement to report possible serious misconduct does not prevent employers from following their usual employment process to deal with the reported allegations. 

Currently the Act defines serious misconduct as conduct that:

  • has, or is likely to have an unduly adverse effect on the wellbeing of any person with whom the social worker comes into contact in the course of their practice as a social worker; or
  • reflects adversely on the social worker’s fitness to be a social worker, and
  • is of a character and severity that meets the SWRB’s criteria for reporting serious misconduct.

The following draft criteria are intended to enable employers to confidently determine when a report is required.

DRAFT CRITERIA

  • Failing to protect a client due to deliberate or reckless negligence
  • Actions or omissions that could be the subject of a criminal charge for which the social worker could potentially be imprisoned for 3 months or more
  • Use of unjustified physical force on any person
  • Encouraging another person to use unjustified physical force on any person
  • The neglect or ill-treatment of any person or animal
  • Workplace bullying, theft or dishonesty/fraud that is severe enough to undermine the employer’s trust and confidence in the social worker’s suitability to practise social work
  • Viewing, accessing, or possessing pornography at work
  • Involvement in the manufacture, cultivation, supply, or use of controlled drugs (with or without conviction)
  • Repeated, intentional breaches of the SWRB Code of Conduct
  • Engaging in inappropriate contact or behaviours with or towards a client or vulnerable person
  • Engaging in inappropriate communications with or towards a client or vulnerable person
  • Intentionally damaging property in front a client or vulnerable person
  • Making threats towards any person
  • Harassment of any person
  • Being impaired by drugs or alcohol while responsible for the welfare of a client or vulnerable person
  • Physical, sexual, psychological or emotional abuse of any person
  • Any act or pattern of behaviour that is likely to bring discredit to the social work profession

2. Health issues

Employers are required to report to the SWRB any health issues that may be impacting upon the social worker’s practice.

If an employer believes on reasonable grounds that a social worker is unable to practice satisfactorily because of a mental or physical condition they must report that to the Board. 

  • The report must be in writing,
  • state the grounds for the belief and
  • describe what action they have taken

3. Competence

If an employer has concerns about a social worker’s competence, there is a two step process:

  1. The first step for the employer is to investigate and provide assistance to improve competence. 
  2. If there are still issues after assistance to improve competence, the employer must report that to the SWRB:
  • The report must be in writing,
  • state the grounds for the belief and
  • describe what action they have taken

In summary, employers are required to report to the Board on employment issues affecting social workers that could pose a risk to public safety.  Previously these issues may have been dealt with as a private matter between employer and employee. The public interest in protecting the safety of the public and having social workers that are fit to practise, competent and accountable for the way they practise outweighs the principles of privacy.

If you’re not sure about whether to report an issue, please call us:

04 931 2650 or freephone 0508 797 269

Supporting staff

Employers’ support of social workers is appreciated. As the sector shifts to mandatory registration, you can show this support by encouraging social workers to become registered and to hold a valid Practising Certificate, which is renewed each year. Registered social workers are also required to do 20 hours of Continuing Professional Development each year.