S.I. No. 430/2012 - Social Workers Registration Board Criteria for Restoration to the Register Bye-law 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th November, 2012.

The Social Workers Registration Board, in exercise of the powers conferred on it by section 31 of the Health and Social Care Professionals Act 2005 , with the approval of the Health and Social Care Professionals Council, hereby makes the following bye-law:

1. (1) The bye-law may be cited as the Social Workers Registration Board Criteria for Restoration to the Register Bye-law 2012.

(2) The bye-law comes into operation on 6 November 2012.

2. (1) In this bye-law—

“the Act” means the Health and Social Care Professionals Act 2005 (Number 27 of 2005);

“the applicant” means a person who submits an application to the board for restoration to the register;

“the board” means the Social Workers Registration Board established under section 26(1)(k) of the Act; and

“register” means the register of the Social Workers Registration Board established and maintained under section 36 of the Act.

(2) In this bye-law any phrase introduced by the terms “including”, “include”, “in particular” or other similar expression shall be construed as illustrative and shall not limit the sense or meaning of the words preceding those terms.

(3) For the purposes of paragraph 3(2), an applicant shall be deemed to have applied for restoration upon the date the board receives an application for restoration under paragraph 3(2) from the applicant.

3. For the purposes of section 39(2)(c) of the Act, the board has determined that a person must meet the following criteria for restoration to the register:

(1) If an applicant applies for restoration within 6 months of the date of removal of his or her name from the register, an applicant must

(a) Complete a restoration application form and submit it to the board.

(2) If an applicant applies for restoration 6 or more months after, and within 2 years (or such other period as the board may determine from time to time) of, the date of removal of his or her name from the register, an applicant must:

(a) Complete a restoration application form and submit it to the board;

(b) Provide the board with details of his or her occupation and any employment (whether paid or unpaid) during the period since his or her removal from the register;

(c) in circumstances where he or she engaged in the practice of the profession of social work outside the State since his or her removal from the register, provide particulars regarding his or her practice of the profession of social work outside the State, as appropriate and provide a certificate of good standing/ current professional status or equivalent from the regulatory body in the country where he or she engaged in such practice, where appropriate; and

(d) satisfy the board that he or she is a fit and proper person to engage in the practice of the profession of social work and

(i) submit a signed Garda Vetting disclosure form to the board permitting An Garda Síochána to furnish the board with a statement that there are no convictions registered against the applicant or a statement of all convictions and/or prosecutions, successful or not, pending or completed, in the State or elsewhere as the case may be;

(ii) complete and sign a questionnaire together with such supplementary information as may be required, in a format satisfactory to the board as to health and character;

(iii) complete and sign a declaration that he or she knows of no reason why his or her name should not be restored to the register; and

(iv) complete and sign a declaration that he or she has read, understood and agrees to comply with the Code of Professional Conduct and Ethics for Social Workers.

(3) An applicant shall:

(a) verify any information or details contained in his or her application for restoration where required by the board;

(b) supply to the board any further information relating to the application for restoration where requested by the board and within such period of time as may be specified by the board;

(c) provide any information which is required in connection with an application for restoration to the register to be supplied by means of a statutory declaration where required by the board; and

(d) comply with such requirements of the board (as amended, revoked or substituted from time to time) in respect of the education, training and continuing professional development of registered social workers as may apply.

GIVEN under the Seal of the Social Workers Registration Board

6 November 2012.

VAL O KELLY,

Chairperson, Social Workers Registration Board.

CORMAC QUINLAN,

Member, Social Workers Registration Board.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This bye-law sets out the criteria for restoration to the register established by the Social Workers Registration Board for applicants who had been voluntarily removed from the register under section 39.