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Maltese Laws |
C 808
A BILL
entitled
An Act to make provision for the regulation of the social work profession and to provide for matters connected therewith or ancillary there to.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-
Short title and commencement.
Interpretation.
Act, 2003.
(2) This Act shall come into force on such a date as the Minister responsible for social policy may by notice in the Gazette appoint
and different dates may be so appointed for different provisions and different purposes of this Act.
“adaptation period” means a period during which a person may exercise the profession of social work in Malta under the supervision
of a registered social worker, which period may include the provision of such further training to such person, as may be required
by the Board;
“Board” means the Malta Social Work Profession Board established by article 4 of this Act;
“Minister” means the Minister responsible for social policy;
“practise” in relation to the profession of social work, includes:- (a) the taking up or pursuit of the profession of social
work; and
(b) the use, in the course of such pursuit, of the professional title of “Registered Social Worker” or the designatory letters
“RSW”;
“prescribed” means prescribed by regulations made by the
Minister under this Act;
“proficiency test” means a test having the aim of assessing a person’s ability to pursue the profession of social work in Malta,
as may be required by the Board in accordance with the provisions of this Act;
“registered social worker” means a person who is registered in the official register of social workers kept by the Board and who
has been granted a warrant to practise the profession of social work, in accordance with article 6 of this Act;
“social work” means the professional service that is performed to promote or restore a mutually beneficial interaction between
individuals as well as between individuals and society in order to improve the quality of life, by aiding persons in receipt of such
services to understand, resolve and prevent personal, interpersonal, family or social problems;
“warrant” means a warrant, issued under article 6 of this Act.
(2) The warrant under subarticle (1) of this article shall not entitle the holder thereof to exercise the profession in such areas
of specialised social work as may be prescribed by the Minister as requiring additional qualifications and, or, training, unless
the warrant so specifies.
(3) A person shall not qualify for a warrant unless such person – (a) is a Maltese citizen, or is otherwise permitted to work
in Malta under any law; and
(b) is of good conduct; and
C 809
Warrant to practise as social worker.
C 810
Social Work
Profession Board.
(c) is in possession of the Honours Degree in Social Work conferred by the University of Malta or of another professional qualification
as the Board may deem equivalent;
(d) satisfies the Board that he has received adequate training in the practice of the profession of social work for an aggregate
period of at least two years full-time or its equivalent in part-time following the completion of such degree or such other professional
qualification under the supervision of a registered social worker.
(4) The Minister may prescribe, in place of any of the minimum requirements established under the foregoing provisions of this
article, other minimum requirements in terms of any international or multinational treaty or agreement entered into by Malta or with
the provisions of any legislation the binding force of which derives from any such treaty or agreement.
(5) Where the duration of a course leading to the professional qualification possessed by an applicant is less than the duration
for the course leading to the Degree conferred by the University of Malta or when the training referred to in paragraph (d) of subarticle
(2) of this article is less than two years, the Board may require the applicant to undertake such adaptation period not exceeding
twice the shortfall, as the Board may specify. In addition the Board may also submit the applicant to a proficiency test.
(a) five members appointed by the Minister following consultation with any association, if any, registered with the Board in accordance
with the provisions of this Act, of whom:
(i) one shall be a chairperson who shall be of recognised standing in the social work profession having at least six years experience
in social work practice or social policy;
(ii) one social worker who performs social work duties within the public sector;
(iii) one social worker who performs social work duties within a non-governmental social welfare organisation; and
(iv) one person who shall be an advocate with at least five years experience;
(b) (i) Two members nominated by such associations registered with the Board if any, in accordance with the provisions of this
Act and appointed by the Minister. In relation to the first two members, the association or associations eligible to make the nomination
shall be any association that has the qualifications to be registered:
(ii) one social worker nominated by and from amongst the permanent academic staff responsible for social work and social policy
education and training at the University of Malta.
(2) The nominations made in terms of sub-paragraph (i) and (ii) of paragraph (b) of this article shall, for the first time be made
within two weeks from a request in writing made therefor by the Minister, and for any subsequent nomination, within one month from
the occurrence of any vacancy or when the vacancy arises due to the expiry of the term of office within one month prior to the said
expiry. In the absence of any such nomination, the Minister shall make the appointment from amongst social workers.
(3) Members of the Board shall hold office for a term of two years:
Provided that the term of office for the first members of the Board appointed under sub-paragraphs (i), (ii) and (iii) of paragraph
(a) of subarticle (1) of this article, shall be of three years and the second or any subsequent appointment made on the lapse of
this initial term shall be for a term of two years.
(4) Members of the Board shall, on the expiration of their term of office, be eligible to be reappointed, but they may not serve
the Board for more than three consecutive terms.
(5) In the event that any Board member vacates his office before completing the appointed term, the person appointed in his stead
shall be appointed for the unexpired period of the original appointment.
(6) The number of members necessary to form a quorum shall be four, but subject to the presence of a quorum, the Board may act
notwithstanding any vacancy among its members.
(7) The Minister shall designate a public officer to act as secretary to the Board, but such secretary shall not have a vote.
(8) The chairperson of the Board shall have both an original vote and, in the case of a tie, a casting vote.
C 811
C 812
Functions of the
Board.
(9) Save as aforesaid and as may be prescribed, the Board may make its own rules and otherwise regulate its own procedures.
(10) The meetings of the Board shall be summoned by the Chairperson and the Board shall meet as often as may be necessary but at
least once every three months.
(11) In the exercise of its functions under this Act, the Board may consult with such persons as it may deem appropriate. For such
purpose, the Board may invite any such person to attend meetings of the Board.
(12) The Board shall keep a true and correct record of all its proceedings and the Board shall give to the Minister such information
as he may require.
(a) establish and, where necessary, assess existing social work standards and develop new continuing social work education and
other standards, and recommend to the Minister in relation to initial and continuing social work education, proficiency, training
and other qualifications required for holding a warrant under this Act;
(b) consider, process and make recommendations to the Minister with regard to applications for equivalence and recognition of qualifications
in social work;
(c) examine applications for a warrant to practice the profession of social work in Malta and make recommendations to the Minister
on the award or refusal thereof;
(d) keep an official register of all registered social workers; (e) keep an official register of all partnerships of social
workers;
(f) keep such information as may be required in relation to associations representing social workers in Malta, registered under
the provisions of this Act;
(g) make recommendations to the Minister on the definition of specialised social work practice and the qualifications necessary
to practise in specialised social work, and to recommend to the Minister the granting of warrants to this effect;
(h) make recommendations to the Minister on the code of ethics to be prescribed for the professional behaviour of social workers;
such recommendation shall be made following consultation with the associations registered under the provisions of this Act;
(i) inquire into any allegation of professional misconduct, gross negligence or incompetence by a social worker;
(j) advise, or make recommendations or otherwise express its views to the Minister on any matter on which the Minister is to consult
with the Board or on which the Board is to make recommendations to the Minister or on which the opinion or recommendation of the
Board is sought by the Minister;
(k) perform such other functions as may arise from this Act or any other law, or as may be assigned to it by the Minister.
(2) The Board shall, not later than three months after the end of each year, publish in the Gazette, a list of persons who on the
31st December of the said year, were registered in the official register of social workers, and a list of partnerships registered
in the official register of partnerships of social workers.
(3) The Board shall draw up and publish an annual report, concerning its general operations.
(2) If the Board is satisfied that the applicant satisfies the minimum requirements established under this Act, it shall make a
recommendation to the Minister for the issue of a warrant.
(3) Where, following an adaptation period where necessary, the Board is satisfied that the applicant has successfully completed
his training, the Board shall make a recommendation to the Minister for the issue of a warrant.
(4) For the purpose of establishing whether an applicant has successfully completed his training as aforesaid, the Board may submit
the applicant to a proficiency test under the provisions of this Act.
C 813
Applications for a warrant.
C 814
Decisions of the
Board.
Disqualification from a warrant.
(5) A warrant issued by the Minister under this Act may be issued subject to such limitations or conditions as the Board may recommend
in any particular case. Such warrant may include such special conditions and such authorisation to practise in specialised social
work and for such specific periods as the Board may recommend in accordance with the provisions of this Act and any regulations made
thereunder.
(6) In the consideration of an application by any person or by a warrant holder for the practice of the profession in specialised
social work, the Board may direct that such person shall, in addition to the submission of such qualifications as may be prescribed,
undertake and successfully complete such training or adaptation period as the Board may indicate.
(7) A warrant issued under this Act shall be deemed to be renewed from year to year if the warrant holder proves to the satisfaction
of the Board that he has carried out such programme or programmes of further education and training as may be prescribed.
(2) Where a person loses his warrant following a conviction as is referred to in the preceding subarticle, notice of such loss shall
be given by the Minister in the Gazette and shall be communicated by the Board to the person disqualified unless the person has been
interdicted by the judgement itself.
(3) The Minister may, at any time, on the recommendation of the Board, reinstate a person who has lost his warrant or grant a warrant
to a person who is disqualified in terms of subarticle (1) of this article.
(2) For the purposes of this article, the terms “professional misconduct”, “gross negligence”, or “incompetence”, include
the following:-
(a) obtaining a warrant in a deceitful or fraudulent manner; (b) contravention against the Code of Ethics established
under this Act;
(c) failure to comply with regulations with respect to professional standards or practice;
(d) failure to comply with any condition attached to the warrant issued under this Act;
(e) use of therapeutic interventions or assumption of professional competence for which the person is not qualified or the person
concerned is not authorised to practise in terms of his warrant;
(f) acting in a manner which may be detrimental to the social work profession;
(g) displaying lack of knowledge, skill or judgement in the practice of the profession of social work or in carrying out of a duty
or obligation undertaken in the practice of social work.
(3) Any social worker who is the subject of any inquiry carried out by the Board shall be given all the opportunity to make his
defence and bring any evidence in his favour and for such purpose he may be represented by a lawyer or by any other person of his
choice.
(4) On finalising the inquiry the Board shall -
(a) if it finds in favour of the social worker, dismiss the case; or
(b) if it finds the social worker guilty of the alleged professional misconduct, gross negligence or incompetence, make a report
of its findings and submit it to the Minister together with its recommendation for the imposition of any of the following penalties:-
C 815
Discipline.
C 816
Cap. 273.
Right of appeal.
Reinstatement.
(i) suspension or cancellation of the warrant subject to such conditions as may be recommended;
(ii) suspension or cancellation of the registration of a partnership of social workers;
(iii) imposition of conditions to be attached to a warrant;
(iv) reprimand;
(v) payment to cover the costs of the inquiry;
(vi) order the waiver, reduction or refund of any fees charged for services rendered; or
(vii) any other penalty as may be prescribed.
(5) On the cancellation of the warrant of a social worker the Board shall strike off the name of such person from the official
register of social workers.
(6) For the purpose of this article, the members of the Board have the powers that are or may be conferred under the Inquiries Act, and shall conduct their inquiry as provided for in the same Act.
(2) The Minister responsible for justice may make regulations prescribing the fees that shall be payable in the Registry of the
Court in connection with appeals under this article:
Provided that until such time as fees are so prescribed by the Minister responsible for Justice, the fees payable with respect to
appeals to that Court shall be the fees applicable to the Court of Magistrates (Malta).
(3) The Board established under article 29 of the Code of Organization and Civil Procedure shall make rules establishing the form
of such appeals and any other matters related thereto.
if the applicant meets such requirements that may be prescribed. Where the warrant of the social worker has been reinstated such social worker is to be again registered in the official register.
(2) An association shall be qualified to be registered under this article if it proves to the Board that it has a membership of
at least ten registered social workers and that it conforms with such other conditions as may be prescribed. An association shall
submit together with the application a list of members and such other information as the Board may require to process the application.
(3) The Board shall have the power to require any association registered under this article to produce such records and information
regarding the association and its members as the Board may reasonably require from time to time.
(2) No person other than a warrant holder may be a partner in a partnership of social workers.
(3) Any such partnership shall, when duly formed according to law and on payment of the prescribed fee be registered with the Board,
and upon registration the partners shall, for as long as it is so registered, be authorised to act in the name and on behalf of the
partnership which shall be entitled to the designation “Social Workers” as part of its name.
(4) Every such partnership shall give to the Board such information as the Board may reasonably require or as may be prescribed,
and shall give notice to the Board of any relevant changes in any information previously given to the Board within fifteen days after
the date on which the change occurs.
C 817
Associations of social workers.
Partnership of social workers.
Provisions applicable to partnership of social workers.
C 818
Articles applicable to partnerships.
Offences.
(a) the partners shall be jointly and severally responsible for the actions and omissions of each and every one of them in the
performance of their professional duties, the maintenance of the required professional standard and conduct and generally in the
fulfilment of their obligations under this Act or any other applicable law, and shall also be jointly and severally liable for any
loss or damage resulting therefrom;
(b) any act or thing that may be done by a warrant holder may be done by one or more of the partners in the name of the partnership;
and any act or thing done in the name of the partnership shall be done by one or more of the partners;
(c) the responsibilities and liabilities for anything done or omitted to be done during the period in which a person was a partner
in a partnership of social workers shall not cease, in respect of such person, by his retirement, death or other cause by which he
ceases to be a partner.
(2) Notwithstanding the forgoing provisions of this article, no partner shall exercise the profession of social work in a specialised
area if he is not so entitled by virtue of this warrant unless he is acting under the supervision of a partner who is in possession
of a warrant that entitles him to perform social work in such specialised area.
15. The provisions of articles 9, 10 and 11 of this Act shall apply to partnerships of social workers as they apply to social workers
mutatis mutandis.
16. (1) Any person who for the purpose of obtaining a warrant or registering a partnership of social workers under the provisions of
this Act, gives any wrong information or otherwise acts in a deceitful or fraudulent manner shall be guilty of an offence and shall,
on conviction, be liable to a fine (multa) not exceeding one thousand liri or to imprisonment not exceeding twelve months or to both such fine and imprisonment.
(2) Any person who is found guilty of any other offence against this article shall be liable on conviction to a fine (multa) not exceeding five hundred liri, or to three months imprisonment or to both such fine and imprisonment, and in the case of a continuing
offence to a fine (multa) of five liri for each day during which the offence continues, subject to a maximum of two thousand liri.
(3) Any person who, not being the holder of a warrant issued under this Act, practices the profession of social work or assumes
the designation of, or purports to be, a social worker or carries out any
social work in contravention of the provisions of this Act, shall be guilty of an offence against this article.
(4) Any person who uses the words “Social Workers” in relation to a partnership of social workers where such partnership is
not registered in accordance with the provisions of this Act, or in any manner whatsoever makes use of a name falsely implying the
existence of a partnership of social workers registered as aforesaid shall be guilty of an offence against this article.
(5) For the purposes of subarticles (2) and (3) of this article, the use on any card, letterhead, sign, board, plate, advertisement
or other written, printed or engraved device, instrument or document, of the words “Social Worker”, “Registered Social Worker”
in relation to a name or “Partnership of Social Workers” or “Social Workers” in relation to a partnership, shall be sufficient
evidence of the knowledge of such use by any person in relation to whose name or partnership the said words are used, unless such
person prove that the use of such words was made without their knowledge and that upon becoming aware of the use he took adequate
steps to stop it.
(6) For the purpose of this article, a person shall not be deemed to be in contravention of the provisions of this Act if such
person is performing social work during an adaptation period or when in training, in any case under the appropriate supervision of
a registered social worker and subject to such regulations as may be prescribed.
(7) Subject to the provisions of the immediately preceding subarticle of this article, no person or any other organisation shall
employ any person other than a registered social worker for the purpose of practising social work.
(8) The provisions of this Act establishing offences shall be without prejudice to the provisions of any other law establishing
offences and punishments in respect of the same acts or omissions and shall not, in particular, affect the application of any higher
punishment under any other law.
9 of this Act, the Board finds a social worker guilty of any breach of professional conduct or the Code of Ethics, the Board may impose such penalties as the Minister may prescribe.
C 819
Administrative fines.
Regulations.
C 820
foregoing, such regulations may in particular include provisions with respect to -
(a) the establishment of social work practice, standards, procedures and other duties and practices to be followed by social workers,
either generally or in particular fields of activity;
(b) the professional conduct and code of ethics of social workers and the standards of competency and integrity to be kept by the
profession;
(c) the requirements in relation to continuing professional
development for the maintenance of a warrant;
(d) the work which can be performed and the services which can be rendered in terms of a warrant, and the terms and conditions which
can be attached to such warrant, and the additional qualifications necessary for warrants providing for the practice of the profession
of social work in specialised practice.
(e) the fees that may be charged by the Board in connection with the application for the issue of a warrant, for the making of
any registration under this Act, and for any other operations that may be carried out by the Board in accordance with the provisions
of this Act;
(f) the fees that may be charged by social workers for their professional services;
(g) the procedures to be followed in cases of professional misconduct;
(h) any other procedures that may be adopted by the Board; (i) any matter which is required or is authorised by this Act
to be prescribed;
(j) the punishments, penalties and other consequences and effects to which a person may become liable or which may take place in
the event of any contravention of, or non-compliance with, any provision of any regulation under this article; sohowever that no
punishment so prescribed shall exceed a fine (multa) of five hundred liri, or imprisonment for a term of three months, or both such fine and imprisonment, and, in the case of a continuing
offence, to a fine (multa) of five liri for each day during which the offence continues, subject to a maximum of two thousand liri;
(k) the administrative penalties that may be imposed by the
Board, which shall not exceed five hundred liri.
(2) For the purposes of paragraph (d) of subarticle (2) of article 3 of this Act, any training undertaken by any person who has
obtained the qualification referred to in paragraph (c) of this subarticle, between the date of such qualification and the coming
into force of this Act shall be deemed to have been undertaken under the supervision of a registered social worker.
(3) Notwithstanding the other provisions of this Act, any person who satisfies the Board that he has pursued social work on a professional
basis as his main occupation for at least ten years immediately prior to the coming into force of this Act shall be deemed to satisfy
the requirements of paragraphs (c) and (d) of subarticle (2) of article 3 of this Act.
C 821
Transitory provisions.
Consequential amendments.
C 822
First Column
Enactment
Code of Organisation and Civil Procedure, Cap. 12
Mutual Recognition of Qualifications Act, Cap. 451
Second Column
Extent of Amendments
1. In subarticle (2) of article 588 for the words “marriage counsellor” there shall be substituted by the words “social worker
or marriage counsellor”.
2. Immediately after subarticle (2) of article 646 there shall be added the following new subarticle:-
“(3) No social worker who has already provided services to a party to a suit including as an ex parte expert witness according
to the provisions of article 563A of this Act may be appointed as a referee.”.
The Schedule thereto shall be amended by the addition of the following under the relative columns at the end thereof:-
Regulated Profession / Professional Activity
Social Worker
Designated
Authority
Minister responsible for
social policy
Legislation
Social Work
Profession
Act 2003
Objects and Reasons
The main object of this Bill is to establish the profession of social work in Malta and to regulate the exercise of the profession. The Bill also provides in relation to the requirements necessary to obtain a warrant to practise the profession of social work, and for matters connected therewith or ancillary thereto, thus safeguarding the rights of service users.
Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press
Prezz 32ç – Price 32c
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URL: http://www.worldlii.org/mt/legis/laws/tswpa2003n9351