FAQ
Charges and Convictions of Offences
Professional Conducts and Disciplinary Matters
Register and Registered Address
- What are the functions of the Board? Why has the Board not been striving for any benefits or providing support for Registered Social Workers (RSW)?
The Board is a statutory body established under the Social Workers Registration Ordinance for ensuring the protection of the interests of service users. Its functions are mainly to handle social worker registration matters, monitor the professional conduct of registered social workers (RSWs), assess and recognise qualifications for registration purpose. Different from professional organizations or trade unions, the Board does not operate on a membership basis. We are confined to performing our functions within our mandate under the Ordinance. The Board is committed to quality assurance of RSWs by performing various statutory functions, thereby strengthening the trust of the general public in the social work profession.
Except those involving personal data and internal business information, the meeting documents of the full Board, committees and taskforces have been uploaded on our website for public inspection since 2016. The Board also publishes the audited annual financial statements and quarterly attendance reports of members to routine business through our website. In addition, we publish newsletters every six months for reporting our major tasks and statistics.
- Are RSWs regarded as members of Social Workers Registration Board? Should the registration fee and the renewal fee be regarded as membership fee?
Social Workers Registration Board is a statutory body established under the Social Workers Registration Ordinance but not a professional organization operating on a membership basis. Hence, RSWs are not members of the Board. The qualification for registration and the determination of fee are clearly regulated by the Ordinance, that the fees for registration and renewal are not regarded as membership fee.
- I am going to be employed in a non-subvented post of an organization, and that organization does not require a RSW to fill in the position. Should I need to register?
The funding source and appointment requirements of a post are not necessarily related to whether the person holding the position needs to be registered; Under section 34 of the Ordinance, any person whose uses the title of "social worker" or other related descriptions, is required to be registered or he will be liable on conviction to a fine at level 5 (existing amount at HK$50,000).
- I submitted the application for renewal of registration late for a few days due to my inadvertence, but the Board required me to re-apply my registration that takes a long time to make a statutory declaration at the Home Affairs Office. At the same time, my employing agency also required me to take leaves to avoid performing social work duties. Would the Board consider such cases in a flexible manner and allow grace periods for such group of social workers?
According to section 20(2)(c) of the Ordinance, a RSW shall apply for renewal of registration not later than 28 days prior to the expiry. If the Board has not received renewal application from RSWs after this deadline, the Board will issue per statutory requirement an “Intention Notice on Removal of Name from the Register” by registered mail to those RSWs, and will also remind them to renew as soon as possible by other viable means (including email and SMS). If the Board does not receive the renewal application from social worker 28 days after issuing the notice of intent, his/her name will be removed from the register in accordance with the Ordinance, and under section 20(6) of the Ordinance and the Board's current policy, s/he will be required to re-apply for registration if s/he wishes to resume his/her registration status. The Board understands that social workers may miss the expiry date of their registration due to different reasons, but it is the responsibility of individual social workers to renew their registration. In addition, social workers are advised to notify the Board of any changes in their registered addresses, emails or other contact means as soon as practicable. Apart from fulfilling the statutory requirements, this is to ensure that social workers will receive the Board's correspondence and messages related to renewal of registration. According to section 16(3), RSWs shall within 3 months notify the Registrar of any change in the particulars in the register.
- 1. I have noticed that the qualification for registration includes "Ordinarily resident in Hong Kong". If I plan to leave Hong Kong for a period of time, will I still satisfy the above qualification for registration?
According to sections 17(3)(a) and 20(4) of the Social Workers Registration Ordinance (“the Ordinance”), an applicant shall not be registered as a social worker unless he is an ordinarily resident in Hong Kong at the time of application for registration (including renewal of registration). Sections 22(1)(c) and 22(2) of the Ordinance also point out that if any social worker has failed to reside in Hong Kong for a period of 2 years or more, the Board shall not consider him to be ordinarily resident in Hong Kong and the Registrar may remove his name from the register if the Registrar becomes aware of such situation. For the definition of ordinary residence in Hong Kong, you may refer to the website of the Immigration Department of the Hong Kong Government ( https://www.immd.gov.hk/eng/services/roa/term.html ). The factors considered include, but are not limited to: the reason, duration and frequency of any absence from Hong Kong; whether the person has habitual residence in Hong Kong; whether the person is employed by a Hong Kong based company; and the whereabouts of the principal members of the family of the person. Therefore, if the Board Office notices that a social worker has departed from Hong Kong and may not meet the requirement of ordinary residence in Hong Kong, it may request such social worker to submit more information for follow up.
Charges and Convictions of Offences
- If a RSW has been charged with or convicted of an offence, should s/he report to Social Workers Registration Board?
Under section 24 of the Ordinance, a RSW who has, at any time on or after the date of the statutory declaration made by him/her during his/her application for registration with the Board, been charged with or convicted of any offence, whether in Hong Kong or elsewhere, shall, as soon as reasonably practicable after s/he has been charged or convicted, serve a notice in writing on the Board specifying the nature of the offence. Court documents pertinent to the charge or the conviction are also required.
Generally speaking, when reporting a conviction record, RSW must submit relevant court documents such as Brief Facts of the Case, Charge Sheet, summons, Certificate of Trial, Court Judgments, Reasons for Verdict or Reasons for Sentence. If it has been lost, RSWs can apply to the police or the judiciary for a replacement. In addition, applicants may be requested to submit other documents such as personal reflection essay, character references, etc., that will facilitate the Board to make a decision.
- If a RSW is convicted and sentenced for committing a criminal offence, will this affect his/her application for renewal of registration? Also, will the Board launch a disciplinary hearing on this?
The Board needs to consider whether the social worker is still a fit and proper person for registration in accordance with section 17(3)(b) of the Ordinance. According to section 17(4)(a), the Board may refuse to register a person as a RSW who has been convicted in Hong Kong or elsewhere of any offence which may bring the profession of social worker into disrepute and is punishable with imprisonment (and whether or not the person was sentenced to imprisonment); and according to section 17(4)(b), the Board shall refuse to register a person as a RSW who has been convicted of any offence listed in Schedule 2 of the Ordinance, unless all Board members given their approval to such application. The Board will consider each case on individual merits which cannot be generalized. On the other hand, the Board will instigate disciplinary procedures upon receipt of formal complaint but is not empowered to initiate by itself disciplinary enquiry on conviction. For details of the disciplinary procedures, please click here.
If a RSW has paid the penalty (including but not limited to contraventions like littering, illegal parking and smoking in public places etc.), as there is no charge involved, it need not be reported to the Board. However, if the RSW does not pay the fixed penalty and does not institute legal proceedings to challenge the penalty notice, s/he will be first given a demand notice, followed by a summons. At the point of receiving summons, the RSW is charged of an offence, as a summons is a command or order by court in writing directed to an accused person, requiring him/her to attend before a magistrate to answer a charge at a time set out in the summons. For that, the RSW has to report the summons/charge to the Board as soon as reasonably practicable even though s/he may have paid the fixed penalty subsequently. For details, please click here.
A RSW can only obtain a Bind Over after s/he is being charged with a criminal offence in the magistrates’ courts. In other words, s/he should have already reported to the Board about the charge before the Bind Over is granted by the magistrates. Though the RSW is not convicted of the criminal offence in such situation, s/he still needs to notify the court judgment to the Board for closing the case.
- I was convicted five years ago and sentenced to imprisonment for 3 months. Under the Rehabilitation of Offenders Ordinance (ROO), will I be exempted from declaring the conviction when applying for registration?
The ROO is not applicable to social worker registration and thus no exemption will be given in any circumstances. If you are convicted, according to section 37(5) of the Ordinance, you are required to make a statutory declaration as to whether you have been convicted of any offence, whether in Hong Kong or elsewhere. If you have a conviction record, please set out the details of conviction and the nature of each such offence in your declaration. Please also provide a copy each of the Charge Sheet and, the Certificate of Trial (or the Court's Judgments) for the Board's consideration.
- To continue with the previous question, the ROO generally does not apply to the registration of social workers. What about the convictions related to the fixed fines?
In some specific circumstances, the ROO non-disclosure protection can be applied to the registration of social workers, for example, the payment of absolvable fixed penalty contravention, this is because payment of fixed or additional penalties “is not a conviction”. Furthermore, non-disclosure of payment is protected by ROO (section 2 (1B)(a)). But other fixed penalty contraventions not absolvable by payment, such as providing false information under the said ordinances, should still be reported.
- In the list of recognised qualifications on the Board’s website, some qualifications indicated "conditionally recognised" in the remarks. What is “conditionally recognised"?
The Board may recognise a social work qualification for registration with condition(s) after the qualification assessment or review. “Conditionally recognised” means the tertiary institution concerned is required to fulfill the condition(s) set by the Board for the social work qualification to be recognised for registration. If the tertiary institution cannot meet the condition(s) set by the Board, their recognition status may be affected.
- I intend to study abroad to pursue a qualification in social work. What qualifications do the Board recognised as a qualification for registration?
At present, the Board has recognised the qualifications awarded by programmes recognised by designated organizations in the United States, the United Kingdom, Canada and Australia, but does not include programmes that have been taken in distance learning or courses conducted in any place other than the country where the institution is domiciled. For the list of recognised qualifications, please click here.
- How does the Board deal with an applicant for registration who holds a non-local social work qualification which is not recognised by the designated organizations as mentioned in the previous question? Will the Board consider such application?
The Board will assess the application from an applicant holding such a social work qualification on an individual basis. Applicants must submit the assessment report issued by The Hong Kong Council for Accreditation of Academic and Vocational Qualifications (HKCAAVQ), and best to listed the documents in table format, detailing the qualification applied for and how the programme meets the requirements of the Board’s recognition standards. For details, please click here.
- If the applicant for registration holds a degree recognised by the Board through distance learning, will the Board consider such application?
For qualifications awarded by Hong Kong institutions or jointly with other institutions via distance learning, even if the qualifications are the same as those already recognised by the Board, the Board will not automatically recognise them：—
- If the qualifications were awarded before 6 September 2007 (when the Board implemented this requirement), holders of those qualifications can apply for recognition, and the Board will process the application on individual basis；
- If the qualifications were awarded after 6 September 2007, holders of those qualifications must submit the assessment report issued by the HKCAAVQ and the details of the qualifications applied for in table format. For how the said qualifications meet the requirements of the relevant version of the Board’s recognition standards, please click here.
- I have possessed 12 years of post social work diploma professional experience, and also accumulated 4 years of post degree social work experience. If an institution considers me appropriate to take up the post of fieldwork supervisor, can I be flexibly exempted from the requirement of not less than 5-year post-degree experience?
According to sub-section 4.2.7(a) of the "Principles, Criteria and Standards for Recognising of Qualifications in Social Work" (8th Edition), the fieldwork supervisor must be a RSW in Hong Kong and must possess no less than 5-year post-degree practical experience. Fieldwork is a very important part of the social work education. The professional competence, exposure and experiences of the fieldwork supervisor play a significant role in promoting student learning. The practical experiences of a social worker who obtains before and after a degree cannot be compared. Therefore, the Board will not grant any exemptions.
- Regarding the designated teaching staff and fieldwork supervisors, the Board requires them to possess not less than 5-year post-degree practical experience, and it shall be calculated on a full-time equivalent basis. What is the definition of "full-time equivalent"?
"Full-time equivalent" means that when calculating the period of part-time work, the time required for the part-time work is to be calculated proportionally to the full-time work, for example, a social worker has worked as a half-time social worker for 8 years after obtaining a degree, which is equivalent to 4 years of full-time work experience after the calculation.
- When arranging students for non-local placement, if a person with a qualification recognised by the Board cannot be found to serve as a fieldwork supervisor, can a senior registered social worker at such place be arranged to replace it?
According to 4.2.7(b) of the " Principles, Criteria and Standards for Recognising of Qualifications in Social Work " (8th edition), even if the placement is outside Hong Kong, the fieldwork supervisor must still hold a social work degree recognised by the Board and a professional qualification in social work equivalent to a RSW in Hong Kong. Therefore, the person must meet the above qualifications.
- I have obtained a social work diploma for more than ten years. I did not register at that time and the programme has been discontinued. Can I still apply for registration with this qualification?
Anyone who holds a social work qualification recognised by the Board can still apply for registration with that qualification even when the programme has been discontinued.
- Can I obtain a recognized social work degree qualification recognised by the Board by taking a social work degree conversion programme, considering that I currently hold a higher diploma in social work recognized by the Board?
According to the Principles, Criteria and Standards for Recognising Qualifications in Social Work (8th Edition) formulated and implemented by the Board, the definition of "conversion programme" is defined as "A bachelor degree programme offered to holders of a recognised qualification led by Diploma Programmes in social work to top up their training and to pursue a recognised bachelor degree in social work; to avoid any doubt, any programme leading to a master degree will not be regarded as a conversion degree programme".
In other words, if you currently hold a social work diploma recognized by the Board (including diploma, higher diploma and associate degree) and wish to register based on a recognized social work degree, you can do so by taking a social work conversion programme recognized by the Board to obtain a recognized social work degree. However, if you are currently studying for a social work diploma, or are a graduate or undergraduate student in another field, you are not eligible to take a social work conversion programme.
Professional Conducts and Disciplinary Matters
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What are the Board's disciplinary procedures for dealing with a complaint against a registered social worker?
According to the Ordinance, when the Registrar receives any complaint concerning any disciplinary offence made in the specified form, the Registrar will submit the complaint to 2 members of the Board appointed for the purpose of preliminary deliberation. Should the 2 members decide to refer the complaint to the Board, the Board will appoint a Disciplinary Committee composed of 5 members selected from the Disciplinary Committee Panel. The Disciplinary Committee then inquires into the case and makes recommendations to the Board after the disciplinary inquiry. Based on the report submitted by the Disciplinary Committee, the Board will make a final decision on the complaint. Please click here for details.
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As a service user, I suspected that a RSW had breached the professional conducts, but when I called the Board to enquire, I could not get a clear response as to whether the social worker’s behavior has involved a disciplinary offence or not. As a regulatory body, why does the Board not provide professional advice?
One of the functions of the Board is to handle complaints of disciplinary offences in accordance with the Ordinance, including preliminary screening to decide whether to refer for further inquiry, appointing a Disciplinary Committee to conduct an inquiry, and making a final decision on the complaint. In view of the responsibilities of the Board for adjudication and in order to avoid affecting the fairness of handling complaints in the future, the Board will not comment on individual cases in order to maintain its impartial stance. The Board will only explain the procedures for handling complaints on disciplinary offences against social workers in accordance with the Ordinance and regulations of the Board, and will not provide advice in other areas.
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The "Code of Practice for Registered Social Workers" and the "Guidelines" cover a wide range of aspects, which involve some regulations that social workers should and should not do. If a RSW fails to comply with the provisions of the "Code of Practice" or "Guidelines", what responsibility should he/she bear?
According to section 11 of the "Social Workers Registration Ordinance", a failure on the part of any registered social worker to observe any provision of an approved code of practice shall not of itself is a disciplinary offence. However, The Board or a Disciplinary Committee may, in any proceedings to decide whether a RSW has committed a disciplinary offence, have regard to any provision of the code of practice. Paragraph 2.9.3 of the “Code of Practice” also mentions that when handling complaints about disciplinary offense of social workers, the Board and the Disciplinary Committee may have regard to the Code and refer to the Guidelines and the requirements of the Ordinance, as well as all relevant information and facts as a basis for adjudication of a complaint against a social worker alleged to have committed a disciplinary offence. -
The Board shall appoint not being members of the Board to be members of the Disciplinary Committee Panel in accordance with the following numbers and categories: (a) not less than 12 RSWs (category 1) who each hold a recognised degree in social work; (b) not less than 12 RSWs (category 1) who each hold a recognised diploma in social work; and (c) not less than 10 persons who are not RSWs. The Board invites RSWs to nominate RSWs to categories (a) and (b) with at least 5 years of professional practical experience and any lay-persons to category (c). The Board also invites other professional bodies to nominate their members as lay members. When deciding to appoint candidates to the Panel, the Board takes into account that the number of members can be maintained at a reasonable level and that the combination has a good balance in all aspects.
Section 27 of the Ordinance stipulates that the Disciplinary Committee shall consist of 5 members of the Panel, not less than 3 and not more than 4 shall be registered social workers. If the social worker being complained is a public officer, one of the members shall be a RSW who is a public officer, with professional experience as a social worker comparable to that of the RSW against whom the complaint is made. On the contrary, if the social worker being complained is not a public officer, one of the members shall be a social worker who is not a public officer and has a professional experience comparable to that of the social worker against whom the complaint is made. Therefore, when appointing the Disciplinary Committee, the Board will consider the professional experience and service settings of the Panel members.
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As a social worker holding a social work post, am I responsible for providing my name and registration number if requested by clients?
According to clause 4 of the Code of Practice for Registered Social Workers ("the Code") implemented by the Board, "Social workers acknowledge a responsibility to inform clients of their rights and help them to obtain appropriate services. Clients should also be informed of, as far as possible, obligations and possible consequences associated with services provided to them." In addition, clause 4.2 of the Guidelines on Code of Practice for Registered Social Workers ("the Guidelines") also states that "Social workers should duly inform clients of workers' names, positions, roles, and the status as registered social workers". As for the definition of clients, according to Note (1) of the Code, "`Clients’ refers to direct service recipients currently receiving individual, group services or programme activities provided by social workers."
Therefore, according to the aforementioned provisions of the Code and the Guidelines, in normal circumstances, if a client asks a social worker his/her name, such social worker should provide it truthfully. If a client asks for personal information of the social worker beyond what is listed in clause 4.2 of the Guidelines, or if there are queries regarding the application of the aforementioned provisions of the Code and the Guidelines, the social worker should, in the light of the circumstances, make a professional and responsible judgment after striking a balance between the interests of their clients and the rights of their significant others, including other family members, the agency, the community and the society at large.
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Why are RSWs' registered address posted on the Register? How are RSWs' personal data to be protected?
Under Section 16 of the Ordinance, the Board is required to make the Register of RSWs available to any person for inspection free of charge at the office of the Board. The registered addresses of RSWs have to be included in the Register. However, the Ordinance does not stipulate that the registered address must be a residential address. Registered social workers are free to provide the Board with any valid address for such purpose. In fact, the Board adopts strict procedures for public inspection of the Register. A person who intends to inspect the Register should do so in person at the Board office and register his/her real name. Phone enquiries will not be entertained. After scrutinizing the users' guide, the inspector will be allowed to make access to the Register. The purpose of inspecting the Register is for verifying the registration status of a person. Any downloading, copying, photo-taking, video-recording or photocopying to forward/extract any information on the Register is strictly prohibited. The Board takes into account that the disclosure of registered addresses is a manifestation of being accountable to the public. Some professional bodies also adopt the similar practice. The Board believes that this mechanism should be able to prevent any abuse of the Register.
Register and Registered Address
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Apart from going to the Board office in-person, is there any other simple and quick access to the Register of RSWs?
Members of the general public may access the List of Registered Social Workers in the Board's website. Such list contains English and Chinese names, registration number, Category of Registration, and the expiry date of current registration of RSWs, but not their registered addresses. -
The registered address should be a postal and physical address in form, true and correct in substance. Email address and PO Box address are not adequate to meet the above requirements. In common law, only under exceptional circumstances and upon application to the court, substituted service by PO Box would be allowed. This is for the sake of due processes of law to clamp down evasiveness. Therefore, the Board, in principle, will not accept PO Box as registered address. However, individual RSWs may submit written request with good justifications to such use to the Board for consideration on individual merits.