ACT No. XX of 2014 AN ACT to make provision for the regulation of the youth work profession and to provide for matters connected therewith or ancillary thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

17th June, 2014

ACT No. XX of 2014

AN ACT to make provision for the regulation of the youth work

profession and to provide for matters connected therewith or

ancillary thereto.

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 Youth Work Short title and

commencement.

Profession Act, 2014.

(2) This Act shall come into force on such a date as the

Minister responsible for Youth may by notice in the Gazette establish

and different dates may be so established 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 youth work in Malta under the supervision

of a registered youth 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;

"the Board" means the Youth Work Profession Board

established by article 4;

"the Minister" means the Minister responsible for Youth;

"to practice", in relation to the profession of youth work,

includes

(a) the taking up or pursuit of the profession of youth

work; and

(b) the use, in the course of such pursuit, of the

professional title of "Registered Youth Worker" or the

designatory letters "RYWrkr";

"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 youth work in Malta, as

may be required by the Board in accordance with the provisions of

this Act;

"recognised honours degree" means such honours degree in

youth and community studies as may be prescribed for the purpose of

article 3(3)(e);

"registered youth worker" or "youth worker" means a person

who is registered in the official register of youth workers kept by the

Board and who has been granted a warrant to practice the profession

of youth worker, in accordance with article 6;

"Tribunal" means the Administrative Review Tribunal

established by article 5(1) of the Administrative Justice Act;

"warrant" means a warrant issued under article 6;

"youth work" in Malta is a non-formal learning activity aimed at

the personal, social and political development of young people.

Youth workers engage with young people within their

communities, including the voluntary sector and support them in

realising their potential and address life’s challenges critically and

creatively to bring about social change.

Youth work takes into account all strands of diversity and

focuses on all young people between thirteen (13) to thirty (30) years

of age.

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

youth worker or exercise the profession of a youth worker against

remuneration or otherwise or hold himself to be professionally

qualified to do so or assume the title or designation of a registered

professional youth worker unless he is the holder of a warrant issued

under this Act.

(2) The warrant under sub-article (1) shall not entitle the

holder thereof to exercise the profession of youth work in such areas

of specialised youth 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 citizen of Malta, or of a Member State or is

otherwise legally entitled or authorised to work in Malta;

(b)

is of good conduct;

(c)

is registered in the Register of Youth Workers

referred to in article 5(1)(d);

(d) is not registered in the Register established under the

Protection of Minors (Registration) Act;

(e)

is in possession of the Honours Degree in Youth and

Community Studies conferred by the University of Malta or a

Masters in Youth and Community Studies conferred by the

University of Malta as from academic year 2011/2012 or a

Masters in Youth Ministry conferred by the University of Malta,

or of another professional qualification recognised as equivalent

for the purpose by a Member State, obtained from a university

or college

Provided that in respect of applicants coming from third

countries whose qualifications have not been recognised in a

Member State, the Board may, in respect of such qualifications,

require the applicant to sit for and pass a professional

proficiency test;

(f)

satisfies the Board that he has received adequate

experience in the practice of the profession of youth worker for

an aggregate period of at least two years full-time or its

equivalent on a part-time basis following the completion of such

degree or such other professional qualification.

(4) The Minister may prescribe, together with 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

course leading to the professional qualification possessed by an

applicant is less than the duration of the course leading to the Degree

conferred by the University of Malta or when the experience referred

to in sub-article (3)(f) 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 Youth Work Profession Board

which shall consist of seven members

(a)

four appointed by the Minister as follows

(i) one shall be a chairperson who shall be of

recognised standing in youth work;

(ii) two members who have a background in

youth work, the youth work profession, or any other

background which may contribute towards the furtherance

of the profession of youth work; and

(iii) one member nominated from the National

Youth Council;

(b) two members nominated by such associations

registered with the Board; and

(c) one member nominated from amongst the

permanent academic staff responsible for education and training

relating to youth work at the University of Malta

(2) The nominations made in terms of paragraph (b) 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 youth

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-article (1)(a), (b) and (c) 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 re-appointed, 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 remaining period of the original

appointment.

(6) The number of members attending a meeting, 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, Functions of the

the purpose of the Board shall regulate the practice and the eligibility Board.

to practice the profession of youth work in Malta, and in particular to

(a)

establish and, where necessary, assess existing youth

work standards and develop new continuing youth work

professional development and other standards, and recommend

to the Minister in relation to initial and continuing youth 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 youth work;

(c)

examine applications for a warrant to practice the

profession of youth work in Malta and make recommendations

to the Minister on the award or refusal thereof;

(d)

keep an official register of all registered youth

workers;

(e)

keep an official register of all associations and

partnerships of youth workers;

(f)

keep such information as may be required in relation

to associations representing youth workers in Malta, registered

under the provisions of this Act;

(g) make recommendations to the Minister on the Code

of Ethics to be prescribed for the professional behaviour of

youth workers, following consultation with the associations and

partnerships registered under the provisions of this Act;

(h) inquire into any allegation of professional

misconduct, gross negligence or incompetence by a youth

worker;

(i)

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;

(j)

make recommendations to the Minister to prescribe

in relation to the employment of persons who are in possession

of a recognised honours degree or its equivalent but who do not

qualify for a warrant under this Act, and who are working under

the supervision of a registered youth worker in such

establishments or agencies as may be prescribed;

(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

youth workers, and a list of associations and partnerships registered in

the official register of associations and partnerships of youth 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 practice Applications for

the profession of youth work in Malta shall make an application to the a warrant.

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 the area

of specialised youth work in which the warrant holder may practice

and may include such special conditions 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 a specialisation of

youth 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 a warrant holder fails to prove to the

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

programmes of continuing professional development, the warrant of

the warrant holder 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

on an application for a warrant to practice the profession of youth

worker 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) It shall be the responsibility of every youth worker,

except those employed on an exclusive basis by a Government

Department or Agency, or other entity in the youth field to be

adequately insured against all risks of professional liability during the

time he is exercising his profession. The insurance company

providing such insurance shall each year issue a certificate to the

youth worker attesting that he is covered in terms of this sub-article.

(2) A youth worker may apply to the Board to exempt him

from the provisions of sub-article (1) for any particular calendar year.

(3) The Minister may, after consulting the Board, make

regulations -

(a) to specify the criteria which insurance companies

shall take into account when providing the cover referred to in

sub-article (1), and

(b) to indicate the cases where and the conditions under

which the Board may exempt youth workers from the provisions

of sub-article (1).

(4) A warrant holder shall not practice the profession of youth

work in terms of this Act unless he has submitted to the Board proof

that he has adequate insurance cover for professional liability or that

he is otherwise exempt from such an obligation in accordance with

the provisions of this article.

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

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 sub-article, 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 sub-article (1).

(1) The Board shall inquire into any alleged Discipline.

professional misconduct, gross negligence or incompetence in

relation to a youth 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)

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

youth work profession;

(g) displaying lack of knowledge, skill or judgment in

the practice of the profession of youth work or in the carrying

out of a duty or obligation undertaken in the practice of youth

work.

(3) Any youth worker who is the subject of any inquiry carried

out by the Board shall be given 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 youth worker, dismiss the

case; or

(b) if it finds the youth 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 or association of youth 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 youth worker the

Board shall strike off the name of such person from the official

register of youth workers.

(6) For the purposes of this article, the members of the Board

shall 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) Decisions of the Board shall be subject to appeal

before the Administrative Review Tribunal established by article 5(1)

of the Administrative Justice Act.

(2) When any person is dissatisfied with any decision of the

Board taken in his regard, he may appeal to the said Tribunal against

such decision not later than twenty days of service upon him of the

Board’s decision.

(3) The Administrative Review Tribunal may, in its

determination on any appeal entered in accordance with sub-article

(1), confirm, reverse or vary, in whole or in part, the original decision.

The Minister may, on the recommendation of the Board,

and upon an application to this effect, remove such suspension or

cancellation, if the applicant meets such requirements that may be

prescribed. Where the warrant of the youth worker has been

reinstated, such youth worker shall be registered in the official

register.

(1) Any association of youth workers may make an Associations of

application to the Board to be registered as an association of youth Youth Workers.

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 youth 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 Partnerships of

partnership, in this Act referred to as a "partnership of youth Youth Workers.

workers", having for its exclusive object the practice of the profession

of youth 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 youth 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 "youth 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 Provisions

any other agreement to the contrary, the following provisions shall applicable

partnership of

apply to a partnership of youth workers under this Act

youth 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 standards 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 youth 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 youth work in a specialised

area if he is not so entitled by virtue of a warrant, unless he is acting

under the supervision of a partner who is in possession of a warrant

that entitles him to perform the youth work profession in such

specialised area.

The provisions of articles 10, 11 and 12 shall, mutatis

mutandis, apply to partnerships of youth workers as they apply to

youth workers.

(1) Any person who, for the purpose of obtaining a

warrant or registering a partnership of youth workers under the

provisions of this Act, knowingly gives any false 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 two thousand and four hundred euro (€2,400) 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 Act shall be liable on conviction to a fine (multa) not

exceeding one thousand and two hundred euro (€1,200) 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 twelve euro (€12)

for each day during which the offence continues, subject to a

maximum of five thousand euro (€5,000).

(3) Any person who, not being the holder of a warrant issued

under this Act, practices the profession of youth work or assumes the

designation of, or purports to be, a youth worker or carries out any

youth work practice in contravention of the provisions of this Act,

shall be guilty of an offence against this article.

(4) Any person who, being the holder of a warrant issued

under this Act, fails to be adequately insured in contravention of the

provisions of this Act, shall be guilty of an offence against this article.

(5) Any person who uses the words "Youth Worker" in relation

to a partnership of youth 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 an association or a partnership of youth workers

registered as aforesaid shall be guilty of an offence against this Act.

(6) For the purposes of sub-articles (2) and (3), the use on any

card, letterhead, sign, board, plate, advertisement or other written,

printed or engraved device, instrument or document, of the words

"youth worker", "registered youth worker" in relation to a name, or

"partnership of youth workers" in relation to a partnership, or

"association of youth workers" in relation to an association, shall be

sufficient evidence that such titles are used, unless such person/

persons prove that the use of such words was made without their

knowledge and that upon becoming aware of the use they took

adequate steps to stop it.

(7) 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 practicing youth work during an adaptation period or when

in training, in any case under the appropriate supervision of a

registered youth worker and subject to such regulations as may be

prescribed.

(8) 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 practicing youth work on behalf of any existing association

or voluntary organisation established before the coming into force of

this Act and includes any religious, catechetical, charitable and socio-

cultural association or voluntary organisation as may be prescribed by

the Minister from time to time.

(9) Subject to the provisions of sub-article (7), no person or

any other organisation shall employ any person other than a registered

youth worker for the purpose of practicing youth work.

(10) 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

10, the Board finds a youth worker guilty of any breach of

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

such penalties as the Minister may prescribe.

The Minister may make regulations, which shall be

consistent with the provisions of this Act, to give better effect to any

of such provisions and generally to regulate the youth 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 youth work practice, standards,

procedures and other duties and practices to be followed by

youth workers, either generally or in particular fields of activity;

(b) the professional conduct and Code of Ethics of

youth 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 youth 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 youth workers for

their professional services;

(g) the procedures to be followed in cases of

professional misconduct;

(h) the employment of persons who are in possession of

a recognised honours degree or its equivalent but who do not

qualify for a warrant under this Act, and who are working under

the supervision of a registered youth worker in such

establishments or agencies as may be prescribed;

(i)

any other procedures that may be adopted by the

Board;

(j)

any matter which is required or is authorised by this

Act to be prescribed;

(k) 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; so however that no punishment so prescribed shall

exceed a fine of one thousand two hundred euro (€1,200), or

imprisonment for a term of three months, or both such fine and

imprisonment, and, in the case of a continuing offence, a fine of

twelve euro (€12) for each day during which the offence

continues, subject to a maximum of five thousand euro (€5000);

(l)

the administrative penalties that may be imposed by

the Board, which shall not exceed one thousand and two

hundred euro (€1,200).

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

is in possession of a professional qualification in youth work that provisions.

makes him eligible for a warrant licence to practice in the country

where the professional qualification was obtained, shall be deemed to

have satisfied the provisions of article 3(3)(e).

(2) For the purposes of article 3(3)(f), any training undertaken

by any person who has obtained the qualification referred to in article

3(3)(e), 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 youth worker.

(3) Notwithstanding the other provisions of this Act, any

person who satisfies the Board that he is in possession of a Master in

Youth and Community Studies recognised by the University of Malta

prior to 2012 and including professional training, or a degree of

Bachelor of Arts - B.A. - Youth and Community Studies prior to

2004, recognised by the University of Malta, prior to the coming into

force of this Act shall be deemed to satisfy the requirements of article

3(3)(e) and (f).

(4) The provisions of sub-article (3) 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.

Passed by the House of Representatives at Sitting No. 161 of the

10th June, 2014.

A NĠLU F ARRUGIA

Speaker

JOSANNE PARIS

Acting Clerk to the House of Representatives