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HPCA Act 2003
29 August 2007
ANZASW has become increasingly aware of problems related to the Health Practitioners Competency Assurance Act 2003 and its impact on Social Workers. In particular, concern has been raised that Social Workers may be prevented from undertaking certain activities because they are not included in the HPCA Act definition of ‘Health Practitioner’. In response to these concerns ANZASW has arranged jointly with the Social Workers Registration Board for Dr Jonathan Coates, a Partner with Buddle Findlay, to provide a legal opinion regarding the position of Social Workers in relation to the HPCA Act. In summary his advice to ANZASW and the SWRB is as follows: “Subject to the exception referred to below “restricted activities” there is nothing in the HPCA Act that prevents a Social Worker (or any other health practitioner) from providing health services which may fall within the scope of any profession regulated under the HPCA Act, provided that the social worker does not use a protected title or hold him or herself out to be a registered health practitioner. Notwithstanding the conclusion above, it is unlawful for a social worker to provide a service that falls within the list of “restricted activities” published under section 9 HPCA Act.”
Through Jonathan Coates advice, ANZASW has become aware that a restricted activity has been introduced that relates to performing psychosocial interventions to treat severe mental illness. We believe that an unintended consequence of this restricted activity is that social workers could technically be prevented from performing such interventions, unless they have been approved by a health practitioner (within the HPCA definition) whose scope of practice covers such interventions. This is of serious concern for the social work profession and ANZASW is working with the Social Workers Registration Board to see how this unintended consequence can be addressed. ANZASW will work vigorously to seek an amendment to the legislation to rectify this anomaly. We will keep members informed of progress but should any member have a specific concern in relation to the HPCA Act then please contact Dominic Chilvers at National Office.
Given these concerns it is timely that the Ministry of Health has recently circulated the draft terms of reference for the review of the HPCA Act 2003. ANZASW has provided feedback and will make submissions both in writing and in person. The Governance Board is therefore keen to establish in the near future, a project working group to develop a submission for the review of this important piece of legislation. If you are interested in participating in this important project then please contact Dominic Chilvers at National Office for further details.