Social Workers Registration Act 2021

This Act may be cited as the Social Workers Registration

Act 2021.

This Act comes into operation on a day to be fixed by proclamation.

Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act or a provision of this

Act.

The primary objects of this Act are—

to establish and maintain a registration system for social workers;

and

to safeguard the public interest by ensuring that only suitably trained and qualified persons are able to practise as social workers;

and

to encourage the maintenance of high professional standards of both competence and conduct by registered social workers; and

to ensure that registered social workers are held accountable professionally for the conduct of their practice.

In this Act, unless the contrary intention appears—

Board means the Social Workers Registration

Board of South Australia;

condition includes a limitation;

fit and proper person—see section 35;

legal practitioner has the same meaning as in the Legal Practitioners

Act 1981;

register means the register of social workers established and maintained under section 33;

registered social worker means a person registered as a social worker under

Part 4;

Registrar means the Registrar of the Board appointed under section 13, or a person acting in the position of the Registrar;

respondent—see section 46;

scope of practice, in relation to the social work profession, means 1 or more social work services performed by the social work profession that are described as a scope of practice by the Board under section 20;

unprofessional conduct means—

a contravention of or failure to comply with—

this Act; or

a condition of registration as a social worker under this Act;

or

a code of conduct or professional standard prepared or endorsed by the Board under this Act; or

incompetence; or

disgraceful or improper conduct; or

conduct of a kind determined by the Board to be unprofessional conduct;

working with children check means a working with children check under the Child Safety (Prohibited Persons)

Act 2016.

For the purposes of this Act—

social work is a practice‑based profession and an academic discipline—

that promotes social change and development, social cohesion and the empowerment and liberation of people; and

for which principles of social justice, human rights, collective responsibility and respect for diversities are central; and

that is underpinned by theories of social work, social sciences, humanities and indigenous knowledge; and

that engages people and structures to address life challenges and enhance wellbeing; and

social work services has the meaning determined by the Board under section 19.

A reference in this Act—

to unprofessional conduct extends to—

unprofessional conduct committed before the commencement of this

Act; and

unprofessional conduct committed within or outside South Australia or the Commonwealth; and

to engaging in conduct includes a reference to failing or refusing to engage in conduct.

A determination of the Board for the purposes of paragraph (d) of the definition of

unprofessional conduct in subsection (1)—

must be published in the Gazette; and

may be varied, revoked or substituted.

The Social Workers Registration Board of South Australia is established.

The Board—

is a body corporate; and

has perpetual succession and a common seal; and

is capable of suing and being sued in its corporate name;

and

has all the powers of a natural person that are capable of being exercised by a body corporate; and

has the functions and powers assigned or conferred on the Board under this Act.

If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board.

The Board consists of 7 members appointed by the Governor, of whom—

4 must be persons who have extensive experience in social work;

and

1 must be a legal practitioner; and

1 must be a representative of the general community.

The Minister—

must, after consultation with the Board, appoint 1 of the members to preside at meetings of the Board (the presiding member);

and

must, after consultation with the Board, appoint 1 of the members to preside at meetings of the Board in the absence of the presiding member (the

deputy presiding member); and

may appoint a person to be a proxy of any member (other than the presiding member) and a person so appointed may act as a member of the Board in the absence of the member.

The requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of a proxy of that member.

A member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment (however a member cannot hold office for terms that exceed 7 years in total).

The Governor may remove a member of the Board from office for—

breach of, or non‑compliance with, a condition of appointment; or

misconduct; or

failure or incapacity to carry out official duties satisfactorily.

The office of a member of the Board becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

is convicted of an indictable offence or is sentenced to imprisonment for an offence; or

becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

is removed from office under subsection (2).

If a member of the Board is a member constituting the Board for the purposes of any proceedings under

Part 7 and the member's term of office expires, or the member resigns, before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Board.

An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor.

The Board has the following functions:

to administer the provisions of this Act for the regulation of the practice of social work;

to provide a definition of social work services in accordance with section 19;

to establish and maintain the register contemplated by this Act;

to prepare or endorse codes of conduct, professional standards and ethical guidelines for registered social workers;

to determine the qualifications and other requirements appropriate for registration under this Act;

to receive and determine applications for registration of social workers under this Act;

to establish processes for handling complaints relating to the practice of social work;

to hear and make determinations in disciplinary proceedings against a person;

to carry out other functions assigned to the Board under this Act or by the Minister.

In performing its functions, the Board may consult with authorities that it thinks appropriate.

If a code of conduct, professional standard or set of ethical guidelines is prepared or endorsed by the Board, the Board must—

cause a copy of the code, standard or guidelines to be published on the Board's website, together with a statement of the operative date of the code, standard or guidelines (which may not be a date earlier than the date of publication); and

take reasonable steps to send a copy of the code, standard or set of guidelines to each social worker to whom it applies; and

ensure that a copy of the code, standard or set of guidelines is kept available for public inspection without charge during normal office hours at the principal office of the Registrar, (although proof of compliance with paragraphs (a), (b) or (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct or professional standard).

The Board may delegate a function or power under this Act (other than a prescribed function or power)—

to a member of the Board; or

to a committee established by the Board; or

to a specified body or person (including a person for the time being holding or acting in a specified office or position).

A delegation under this section—

must be by instrument in writing; and

may be absolute or conditional; and

does not derogate from the ability of the Board to act in any matter; and

is revocable at will.

A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

The Board may establish committees—

to advise the Board; or

to carry out functions on behalf of the Board.

The membership of a committee will be determined by the Board and include at least 1 member of the Board.

The Board will determine who will be the presiding member of a committee.

The procedures to be observed in relation to the conduct of the business of a committee will be—

as determined by the Board; and

insofar as a procedure is not determined under paragraph (a)—as determined by the committee.