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31 Inquiries by Council
(1) Subject to this section, the Council may hold an inquiry into an allegation that a
registered social worker—
(a) before his registration, was guilty of conduct which, if he had been registered, would
have constituted improper or disgraceful conduct; or
(b) after his registration, has been guilty of improper or disgraceful conduct; or
(c) is grossly incompetent or has performed any act relating to the practice of social work
in a grossly incompetent manner; or
(d) has become mentally or physically disabled to such an extent that it would be contrary
to the public interest to permit him to continue to practise as a social worker.
(2) Before exercising its powers under subsection (1), the Council shall serve upon the
person concerned a notice setting out the allegations against him and, before concluding the
inquiry, the Council shall afford the person concerned a reasonable opportunity of being heard,
either by himself or, if he so wishes, by a legal representative:
Provided that, where the person concerned is incapable of representing himself as a result of
mental impairment, the Council may apply to the High Court for the appointment of a curator
ad litem and the notice referred to in this subsection shall be served on that curator.
(3) The powers, rights and privileges of the Council in an inquiry referred to in
subsection (1) shall be the same as those conferred upon a commissioner by the Commissions of
Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody,
and sections 9 to 13 and 15 to 19 of that Act, shall apply, mutatis mutandis, in relation to an
inquiry and to a person summoned to give evidence or giving evidence at an inquiry.
(4) In any inquiry held in terms of subsection (1), the Council shall record the
proceedings and any evidence heard by it and the decision made by it and the reasons for its
decision.
32 Exercise of powers by Council after inquiry
(1) If at the conclusion of an inquiry held in terms of section thirty-one the Council
decides that the registered person concerned has been guilty of conduct referred to in paragraph
(a) or (b) of subsection (1) of section thirty-one or, as the case may be, that he is grossly
incompetent, or has performed any act relating to the practice of social work in a grossly
incompetent manner, or has become mentally or physically disabled to such an extent that it
would be contrary to the public interest to permit him to continue to practise, the Council may
do one or more of the following—
(a) direct the Registrar to cancel or not to renew the registered person’s registration;
(b) order the registered person to be suspended for a specified period from practising as a
social worker;
(c) impose such conditions or limitations as it thinks fit on the registered person’s practice
as a social worker;
(d) order the registered person to pay a penalty not exceeding five thousand dollars, which
penalty shall be payable to the Council;
(e) order the registered person to pay any costs or expenses of, and incidental to, the
inquiry;
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