ACT No. XVII of 2003 AN ACT to make provision for the regulation of the social work profession and to provide for matters connected therewith or ancillary there to.

I assent.

(L.S.)

G UIDO DE M ARCO

President

28th November, 2003

ACT No. XVII of 2003

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:-

(1) The short title of this Act is the Social Work Profession Short title and

commencement.

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.

In this Act, unless the context otherwise requires

Interpretation.

“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, at the end of which an assessment shall be

carried out;

“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” or “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.

(1) No person can hold himself out to be a professional social

worker or perform social work against remuneration or hold himself to

be professionally qualified to do so or assume the title or designation of

a registered social worker unless he is the holder of a warrant issued

under 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) 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

experience 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) Without prejudice to any provision made by or under

the Mutual Recognition of Qualifications Act, where the duration of a Cap. 451.

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 experience referred to in

paragraph (d) of subarticle (3) 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.

(1) There shall be a Board to be known as the Malta Social Social Work

Profession Board.

Work Profession Board which shall consist of seven members as

follows:-

(a) four 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;

(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

Provided that in relation to the first appointments under this

article, “social worker” means any person who is qualified to be

registered under this Act

Provided further that for the purpose of paragraphs (a) and

(b) of this subarticle, the associations to be consulted or to make

the nominations in relation to the first appointment shall be any

association that has the qualifications to be eventually registered

under this Act.

(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.

(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.

(1) Without prejudice to its other powers and functions, the Functions of the

Board.

purpose of the Board is to regulate the practice and the eligibility to

practise the profession of social work in Malta, and in particular to -

(a) establish and, where necessary, assess existing social

work standards and develop new continuing social work

professional development and other standards, and recommend to

the Minister in relation to initial and continuing social work

education, proficiency, experience 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 practise 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 recommendations 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.

(1) Any person seeking to obtain a warrant to practise the Applications

warrant.

profession of social work in Malta shall make an application to the

Board.

(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.

(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 continue to have

effect provided that the warrant holder shall prove to the satisfaction of

the Board that he has carried out such programme or programmes of

continuing professional development as may be prescribed

Provided that when the warrant holder fails to prove to the

satisfaction of the Board that he has carried out such programme or

programmes of continuing professional development, his warrant shall

be considered suspended until such time as he proves to the satisfaction

of the Board that he meets the requirements that may be prescribed.

The Board shall consider and make its recommendations Decisions of the

Board.

on an application for a warrant to practice the profession of social work

as soon as is reasonably practicable but in no case later than four months

from the receipt of the application together with all the relevant

information and documentation in support of the application. On making

its recommendations to the Minister, the Board shall concurrently notify

the applicant of its recommendations, together with the reasons upon

which these were based.

(1) A person shall not be qualified to obtain or retain a

warrant in terms of this Act if he has been convicted by any competent

court for any crime liable to imprisonment for a term exceeding one

year.

(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.

(1) The Board shall inquire into any alleged professional

misconduct, gross negligence or incompetence in relation to a social

worker.

(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:-

(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.

(1) Where it has been decided by the Minister, following

the recommendations of the Board that the warrant of a person be

suspended or cancelled or that additional conditions be attached to such

warrant, that person may, within twenty-one days of the Minister’s

notification, appeal to the Court of Appeal in its inferior jurisdiction.

(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.

The Minister may, on the recommendation of the Board, and

upon application to this effect, remove such suspension or cancellation,

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.

(1) Any association of social workers may make an

application to the Board to be registered as an association of social

workers for the purposes of this Act.

(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.

(1) Two or more warrant holders may form a civil Partnership

workers.

partnership, in this Act referred to as a “partnership of social workers”,

having for its exclusive object the practice of the profession of social

work and such powers as are necessary for the attainment of the objects

of the partnership.

(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.

(1) Notwithstanding the provisions of any other law or any Provisions

applicable to

other agreement to the contrary, the following provisions shall apply to partnership of social

a partnership of social workers under this Act:-

workers.

(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 his 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.

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.

(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, practises 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.

Where, following an inquiry under the provisions of article Administrative

9 of this Act, the Board finds a social worker guilty of any breach of fines.

professional conduct or the Code of Ethics, the Board may impose such

penalties as the Minister may prescribe.

The Minister may, after consultation with the Board, make Regulations.

regulations not inconsistent with the provisions of this Act, to give better

effect to any of such provisions and generally to regulate the social

work profession, and, without prejudice to the generality of the

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.

(1) Any person who on the coming into force of this Act is

in possession of a Diploma in Applied Social Studies with an option in

Social Work or a Diploma in Social Work issued by the University of

Malta prior to December 2002, or any other professional qualification

in social work issued prior to December 2002 deemed by the Board to

be equivalent to any of the aforesaid diplomas shall be deemed to have

satisfied the provisions of paragraph (c) of subarticle (3) of article 3 of

this Act.

(2) For the purposes of paragraph (d) of subarticle (3) of

article 3 of this Act, any experience gained by any person who has

obtained the qualification referred to in paragraph (c) of the said

subarticle (3), 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 (3) of

article 3 of this Act.

(4) The provisions of subarticle (3) of this article shall only

apply in relation to a person who applies for a warrant under this Act

within one year from its coming into force and who successfully

undertakes a proficiency test set by the Board within six months from

the date of such application.

The enactments shown in the First Column of the Schedule Consequential

to this Act shall have the effect subject to the amendments shown in the amendments.

Second Column thereof.

Schedule

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:-

Designated

Legislation

Regulated

Authority

Profession /

Professional

Activity

Minister

Social Work

Social Worker

responsible for

Profession

social policy

Act 2003

Passed by the House of Representatives at Sitting No. 56 of the 17th November,

2003. A NTON T ABONE

Speaker

Clerk to the House of Representatives