Registration compliance FAQs

Why is being registered as a Social Worker is important, and how can I tell?

Registration of a social worker helps protect the public. A registered social worker has met qualification, competence, and fitness-to-practise requirements set under the Social Workers Registration Act 2003 (the Act).

The Social Workers Registration Board (SWRB), keeps a public register of all registered social workers. You can check whether someone is registered by searching the public register on the SWRB website.

If a person is not listed on the register, it is likely they are not currently registered.

What does ‘holding yourself out as a social worker’ mean?

‘Holding yourself out as a social worker’ means presenting yourself to others as being a social worker. This can include:

  • using the title ‘social worker’
  • advertising or describing yourself as a social worker, including email signatures

Under the Act, people who present themselves as social workers are expected to be registered and listed on the public register.

What is the difference between registration and practising?

Registration means a person is formally recognised by us as meeting legal and professional requirements and is listed on the register.

Practising means doing social work or providing social work services.

A person may be:

  • Registered but not currently practising, or
  • Practising unlawfully if they are carrying out social work while not registered

Registration is about legal status. Practising is about what work is being done.

What happens if I hold myself out as a social worker but I am not registered?

If you say you are a social worker, but you are not  registered with the SWRB, this may mean:

  • You are outside the SWRB regulatory system
  • You may be committing an offence under the SWRA 2003
  • SWRB cannot assess whether you are competent or fit to practise
  • SWRB cannot take disciplinary action, as disciplinary powers apply only to registered social workers
  • SWRB may consider legal proceedings.

The SWRB looks into information about unregistered practice to:

  • Monitor compliance with mandatory registration
  • Engage with employers or organisations
  • Identify system or workforce risks

Note: SWRB can take legal action if you say you are a social worker without being registered. Usually, the SWRB will first try to address this through guidance and education.

Can employers be penalised for using unregistered social workers?

Yes – but only in limited and specific circumstances.

Employers also have responsibilities under the SWRA 2003.

Under section 148(4) of the Social Workers Registration Act 2003, an employer (or any other person) commits an offence if they knowingly present an employee or associate as a social worker when that person is not legally allowed to practise. This includes situations where the employer knows the person:

  • is not registered, or
  • is registered but does not hold a current practising certificate, or
  • has their registration or practising certificate suspended. [legislation.govt.nz]

In other words, the offence is not simply employing someone who is unregistered. It is knowingly presenting them as a social worker when they are not authorised under the Act.

At first, SWRB usually focuses on:

  • Engagement and guidance
  • Supporting employers to meet their obligations
  • Escalating system risks where needed

What should I do if I’m concerned about someone who is not registered?

You can raise your concern with us by emailing aretheyregistered@swrb.govt.nz.

When you contact SWRB:

  • provide the person’s name (if known)
  • describe the work they are doing
  • explain why you believe they may be practising as a social worker without registration

The SWRB will review the information and decide what steps it can take under the law.

What if my concern is about safety or harm?

If there is an immediate risk of harm or unsafe behaviour, you should contact the appropriate authority, such as:

  • the employer or organisation involved
  • police or emergency services (if there is immediate danger)
  • the Health and Disability Commissioner (if health or disability services are involved).

The SWRB is not an emergency response agency and cannot intervene where there is urgent risk of harm.

Key things to remember

  • Registration protects the public and supports professional standards
  • SWRB can only regulate registered social workers
  • Concerns about non‑registered practice can still be raised
  • SWRB’s powers are set by law and are limited for unregistered individuals.