Third

Session, 47th General Assembly

Elizabeth II, 2014

BILL 38

AN ACT TO AMEND THE

SOCIAL WORKERS AC T

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

STEVE KENT

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Social Workers Act to

add quality assurance

provisions to enhance public protection and accountability;

allow the complaints

authorization committee to refer an allegation to the quality assurance

committee;

require a social worker who has

knowledge of conduct deserving of sanction of another social worker to report

that knowledge to the registrar; and

require a person who terminates

the employment of or dissolves a partnership with a social worker based on knowledge

of conduct deserving of sanction of that social worker to report that knowledge

to the registrar.

A BILL

AN ACT TO AMEND THE SOCIAL WORKERS ACT

Analysis

S.27 Amdt.

Complaints authorization committee

Part III.1 Added

PART III.1

QUALITY

ASSURANCE

39.1 Quality assurance program

39.2 Quality

assurance c ommittee

39.3 Assessment

39.4 Report and

compliance

39.5 Costs

39.6 Termination of

review

39.7 Duty to report

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2010 cS-17.2

as amended

1. Subsection 27(1) of the Social Workers Act is amended by adding immediately after paragraph

(

a) the following:

(a.1) refer the allegation to the quality assurance

committee;

2. The Act is

amended by adding immediately after

section 39 the following:

PART III.1

QUALITY ASSURANCE

Quality assurance

program

39.1

(1) The

board shall establish and maintain a quality assurance program to promote high

standards of practice for social workers.

(2) The quality assurance program shall include

mandatory continuing education and professional development and shall be

designed to promote

(

a) continuing competence; and

(

b) continuing quality improvement.

Quality assurance

committee

39.2

(1) The

board shall appoint a committee known as the quality assurance committee.

(2) The quality assurance committee shall

investigate a concern

(

a) on the referral of a quality assurance issue

(

i) the registrar, or

(ii) the complaints authorization committee; or

(

b) on its own accord.

(3) The quality assurance committee may

(

a) subpoena records, including client records;

(

b) order a social worker to undergo an

evaluation, assessment or examination;

(

c) order a review of a social workers practice,

including any consequential review of client records;

(

d) order periodic or random audits of aspects of

a social workers practice; and

(

e) accept an agreement between the registrar and

the social worker to give effect to matters which could be ordered by the quality

assurance committee.

(4) Where a social worker fails to comply with an

order made by the quality assurance committee, that committee shall refer that

failure to comply as an allegation to the complaints authorization committee.

Assessment

39.3

(1) The

quality assurance committee may appoint persons registered as social workers under

this Act as assessors for the purpose of the quality assurance program.

(2) An assessor may, for the purpose of the quality

assurance program

(

a) enter, without notice and at reasonable times,

places where social work is practised to make necessary inspections;

(

b) inspect the social workers records of care

administered to clients;

(

c) require from the social worker or another

person information required by the quality assurance committee or the assessor

respecting the assessment and care of clients by the social worker, or his or

her records of care administered to clients;

(

d) access client records without the consent of

that client; and

(

e) require that the social worker confer with the

quality assurance committee.

(3) A social worker whose standards of practice

are the subject of an assessment under the quality assurance program shall

cooperate fully with the quality assurance committee and assessors.

(4) All records and specific information relating

to the quality assurance program or a review, recommendation or order under it

are confidential.

(5) Paragraphs (2)(

a) to (

d) and subsection (7) apply

to the Crown.

(6) The quality assurance committee and an

assessor appointed under subsection (1) shall have the powers, privileges and

immunities that are conferred on a commissioner under the Public Inquiries Act, 2006 .

(7) An action for damages does not lie against a

person to whom a request is made solely because he or she provides information

requested of him or her under paragraph (2)(c).

Report and compliance

39.4

(1) Upon

completion of an assessment an assessor shall submit a report of his or her

findings to the quality assurance committee and the committee shall review the

report and may

(

a) make no recommendation to the social worker

who has been assessed; or

(

b) confer with the social worker assessed and

make those remedial recommendations to him or her that the quality assurance

committee considers appropriate.

(2) The quality assurance committee may order

(

a) the social worker who has been assessed to comply

with recommendations made by the committee under subsection (1); and

(

b) that a social worker be reassessed.

Costs

39.5 The

costs incurred by a social worker in implementing remedial recommendations of

the quality assurance committee shall be paid by that social worker and shall

not be a cost of the quality assurance committee, the board or the association.

Termination of

review

39.6

(1) Where

an assessor or a member of the quality assurance committee learns, in the

course of a review, that a social worker may be guilty of conduct deserving of

sanction within the meaning of

section 23, the assessment shall be terminated,

the social worker shall be advised, and the matter shall be referred to the

complaints authorization committee to be dealt with as an allegation.

(2) Notwithstanding subsection 39.3(4), an

assessor or a member of a quality assurance committee shall provide all

information and documents in its possession relating to the review to the

complaints authorization committee.

(3) An order of the quality assurance committee

issued before it refers a matter to the complaints authorization committee

under subsection (1) remains in effect notwithstanding the referral of the

matter to the complaints authorization committee.

Duty to report

39.7

(1) A

social worker who has knowledge, from direct observation or objective evidence,

of conduct deserving of sanction of another social worker shall report the

known facts to the registrar.

(2) A person who terminates the employment of or dissolves

a partnership with a social worker based on direct knowledge of the social

workers conduct deserving of sanction shall report the known facts to the registrar.

(3) An action shall not be brought against a

social worker, officer, partnership, employer or association for the sole

reason that the person, officer, partnership, employer or association complied

with this section.

Commencement

3. This Act comes into force on a day to be proclaimed

by the Lieutenant-Governor in Council.

Queen's Printer