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Mangalassery v Social Workers Registration Board [2020] NZDC 22624

Published 28 January 2021

Appeal against direction — right of appeal — professional conduct committee — complaint against social worker — future supervision — Social Workers Registration Act 2003, ss 39, 66, 71(1)(b)(v) & 88. The appellant appealed against a direction of the Social Workers Registration Board for supervision. A Professional Conduct Committee (PCC) had been appointed by the chairperson of the Social Workers Complaints and Disciplinary Tribunal to investigate a complaint laid against the appellant by a client. The PCC concluded that the appellant did not breach any ethical duty or Code of Conduct with regards to the complaint, however, it recommended that the appellant be subject to future supervision. The Social Workers Registration Board took on this recommendation and directed that the appellant be subject to supervision. A preliminary issue raised by counsel for the Board related to the right of appeal; it was submitted that the Court had no jurisdiction to hear an appeal against a determination of the PCC. Subsection 88(2) of the Social Workers Registration Act ("the Act") explicitly excludes appeals from determinations of a professional conduct committee. The submission was rejected — it was the decision of the board when it adopted the PCC's recommendations that adversely affected the appellant and triggered the right of appeal under s 88. The Judge concluded that subs 88(2) granted a right of appeal against a decision of the Board where the PCC had made a recommendation to the Board, as was the case here, but not in instances where the PCC had considered a case but no referral to the Board had been made. The appellant submitted that once the PCC had dismissed the complaint against the appellant, it had no jurisdiction to make recommendations as to the appellant's supervision. The Court noted that s 71(1)(b)(v) of the Act, allowing for recommendations to be made to the Board by the PCC where a complaint had been made, was not in force at the time of the complaint, but that this was something that would require determination at a substantive hearing. The Court directed that a time be set down for the substantive hearing and that the parties file submissions. Judgment Date: 16 November 2020.

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