IN-CONFIDENCE
Social Workers Complaints and Disciplinary Tribunal
Position Description December 2015
POSITION
Member
REPORTS TO
Registrar of the Social Workers Registration Board
FUNCTIONAL
Hearing Officer
RELATIONSHIPS
SWRB staff
Parties/Representatives
Other Tribunal members
JOB PURPOSE
To contribute to the Tribunal’s statutory role in relation to
adjudicating complaint and disciplinary matters.
LIMITATIONS ON
The position is subject to the non-disclosure agreement
AUTHORITY
relating to confidential information.
You are to act within the statutory limitations relating to the
operation of Tribunals.
The Tribunal
Collective Duties of the Tribunal
The Social Workers Complaints and
• The Tribunal, as a judicial entity,
Disciplinary Tribunal (the Tribunal) is a
must ensure that the Tribunal acts in
legislative entity established under section
a manner which is consistent with its
114 of the Social Workers Registration Act
objectives and functions.
2003 (the Act). The Tribunal is made up of
at least 8 members as prescribed by section
• The Tribunal must carry out its
116 of the Act, including:
functions efficiently and effectively
within the constraints of the Act and
• a chairperson and a deputy chairperson
the principles of natural justice.
(who must each be a barrister or solicitor
of the High Court of not less than seven
Individual Duties of Tribunal
years’ practice, whether or not the person
Members
holds or has held judicial office)
• All members must not contravene, or
• five social workers (whose registration of
cause the contravention of, or agree
practising certificate is not suspended);
to the Tribunal contravening the Act
and
or any other statutory obligations the
Tribunal may have.
• at least one layperson.
• All members must act with honesty
Appointment
and integrity.
Appointments are made by the Minister of
• All members must act on good faith
Social Development for a term of up to 5
and must not pursue his or her own
years.
interests at the expense of the
Function
Tribunal’s interests and obligations.
The Tribunal’s functions are set out in
• All members must, when acting as a
section 115 of the Act, and these functions
panel member, exercise the care,
are:
diligence and skill that a reasonable
person would exercise in the same
• To administer the complaints process
circumstances, taking into account
concerning registered social workers
the nature of the Tribunal, the
established by the Act;
matters before it, the position of the
• To exercise the disciplinary powers
member, and the nature of the
over registered social workers
responsibilities undertaken by him or
conferred by the Act; and
her.
• Any other functions conferred or
• All members who have obtained
imposed on it by or under the Act or
information in his or her capacity as a
any other enactment.
member that would not otherwise be
available to him or her must not
IN-CONFIDENCE
Social Workers Complaints and Disciplinary Tribunal
Position Description December 2015
disclose that information to any
ability to evaluate personalities &
person, or make use of or act on,
character.
that information, except:
Personal Skills/Characteristics
o In the performance of the member’s
obligations to the Tribunal;
• Actively demonstrates, promotes and
models desired organisational
o As required by law;
behaviours and values;
o In complying with the requirements
• Inclusive approach to group
of members to disclose conflicts of
discussions and decision making;
interest;
• Possesses strong written and verbal
o The member is authorised to do so by
communication skills;
the board;
• Good delegation skills;
o The disclosure, use, or act in question
will not, or is unlikely to, prejudice
• Excellent organisational skills;
the Tribunal or any persons or
• Sufficient time to commit to the
matters before it.
additional responsibility of the role
Specific Functions of Registered
and ability to be flexible with time;
Social Worker Members
• Confident in communicating with a
range of people from across society;
The roles of Registered Social Worker
Member are required to provide the
• Excellent at maintaining and
following specific functions:
managing professional relationships
with a range of people.
• Bring the view of a reasonable social
worker to Tribunal discussions; and
Workload
• Assist in drafting decisions on behalf
Consistent with section 119 of the Act, each
of the Tribunal as is permitted by
hearing of the Tribunal requires the
statutory limitation.
attendance of:
• A Social Work degree is desirable.
• the chairperson of the Tribunal or a
Knowledge, Skills and Experience
deputy chairperson chosen by the
chairperson
• understanding of, and a commitment
to, the status of Māori as tangata
• 3 of the registered social worker
whenua
members; and
• established networks with iwi, hapū
• 1 of the lay person members.
and Māori organisations
Members are required to make themselves
• ability to engage effectively with
available to hear and consider at least half
Pacific peoples and other ethnic and
of the hearings he or she is asked to preside
cultural groups in New Zealand
over. It is accepted that members will not
always be able to attend hearings, but a
• knowledge and experience of matters
minimum commitment to the Tribunal is
likely to come before the Tribunal
expected.
and an understanding of the role of
the Tribunal and its accountability to
Members will be required to review all
the public
material provided to them before each
hearing, attend the hearing, and then assist
• A commitment to fair process and
in drafting and/or review of the relevant
unbiased decision-making, and to
decisions.
ongoing professional development in
these areas; and
• leadership and/or decision-making
experience, especially in terms of
Document Outline
