ACT No. V of 2015 AN ACT to make provision for the regulation of the counselling profession and to provide for matters which are connected and ancillary thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

3rd March, 2015

ACT No. V of 2015

AN ACT to make provision for the regulation of the counselling

profession and to provide for matters which are connected and

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 title of this Act is the Counselling Profession

Act, 2015.

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

Minister responsible for the counselling profession 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

"ability test" means a test, the purpose of which is to assess the

person’s ability for him to be able to practise the counselling

profession in Malta as required by the Council under the provisions of

this Act;

"adaptation period'' means a period during which a person may

exercise the counselling profession in Malta under the supervision of a

counselling supervisor, which period may include the provision of such

further training to such person, as may be required by the Council, at

the end of which an ability test shall be carried out;

"association of counsellors'' means any association of counsellors

established in terms of article 12;

"the Council" means the Council of the Counselling Profession

in Malta established by article 4;

"counselling" means the observation, description, evaluation,

interpretation, research, or assistance given in accordance with

accepted principles of the counselling profession, methods or

procedures for the purpose of preventing or eliminating restrictive

behaviour and improvement on interpersonal relationships and

intrapersonal reflection, personal change at the place of work, in life,

personal development and empowerment in learning, physical well

being or mental health;

''counselling supervisor'' means a person in possession of a full

warrant that is trained in the area of supervising counsellors of not less

than 30 ECTS or the equivalent as recognised by the competent

authority in a European Member State or by the Council and the

National Commission of Further and Higher Education in the case of a

non-Member State, and who is duly registered in the register for

supervisors kept by the Council as a counsellor who may provide

services of supervision to the Council;

"counselling with specialisation" means that the person is

trained in a specific area of not less than 30 ECTS or the equivalent as

recognised by the competent authority in a European Member State, or

by the Council and the National Commission of Further and Higher

Education in the case of a non-Member State. Counselling with

specialisation is awarded only to a person having a full warrant;

"counsellor" means a person registered in one of the official

registers kept by the Council and who has been granted a warrant

under this Act to practise the profession of counselling, in accordance

with article 3(4);

''the course'' means the programme of study leading to the degree

of Masters in Counselling and is made up of five components which are

theory, number of hours of training, personal development and

expertise in counselling. The five components shall have between 90

and 120 ECTS;

"ECTS" means European Credit Transfer System;

"full warrant" means a warrant which entitles the person to be

registered in the official register of counsellors with a full warrant

kept by the Council;

"Masters degree'' means a Masters degree in Counselling issued

by the University of Malta;

"the Minister" means the Minister responsible for the

counselling profession;

"practise" in relation to the counselling profession shall include

(a)

the taking up or pursuit of the counselling

profession, whether in a self-employed capacity or as an

employed person; and

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

professional title of ''Registered Counsellor'' or the designatory

letters ''RCouns'' by a person in possession of a full warrant, or

the professional title ''Counsellor in possession of a temporary

warrant'' by a person in possession of a temporary warrant or the

professional title of ''Restricted Counsellor'' by whoever is in

possession of a restricted warrant, or the professional title of

''Counselling Supervisor'' or the designatory letters “RSCouns”

by a person registered as a supervising counsellor;

"prescribed" means prescribed by regulations made by the

Minister under this Act;

"profession" unless otherwise indicated, means the counselling

profession;

''public officer'' has the same meaning as is given to it by article

92 of the Criminal Code and includes a counsellor;

"recognised degree'' means the formal acknowledgment by the

competent authority in a European Member State, or by the Council

and the National Commission of Further and Higher Education in the

case of a non-Member State of a foreign higher education qualification

as being equivalent to the degree issued by the University of Malta to

practise the counselling profession in Malta;

"restricted warrant'' means a warrant which entitles a person, who

from the date of coming into force of this Act is employed as counsellor

with an agency or institution and undergone training given or

recognised only by the same agency or institution, to be registered in

the register for counsellors with a restricted warrant kept by the

Council, but who cannot take up or pursue the counselling profession in

a self-employed capacity or as an employed person;

''society of counsellors'' means any society of counsellors

established in terms of article 12;

''temporary warrant'' means a warrant entitling a person who does

not have adequate experience to practise the counselling profession to

be registered in the register for counsellors with a temporary warrant

kept by the Council;

"warrant" means a warrant issued under article 6.

(1) No person shall practise the profession of Warrant.

counselling, or purport to be professionally qualified to do so, or use

the professional title of a registered counsellor or its designatory letters,

or the professional titles of a Counsellor in possession of a temporary

warrant or a Counsellor in possession of a restricted warrant, unless he

is the holder of a warrant issued under this Act.

(2) Unless otherwise specified in the warrant, the warrant shall

not entitle the holder to practise the counselling profession with

specialisation.

(3) A person shall qualify to obtain a temporary warrant if

such person

(a)

is a citizen of Malta or a citizen of the EU, or is

otherwise legally entitled or authorised to work in Malta;

(b) is in possession of a clean conduct and is of a good

moral character;

(c)

has full legal capacity; and

(d) has obtained a Masters degree in Counselling issued

by the University of Malta, or a recognised degree.

(4) A person shall qualify to obtain a full warrant if such

person -

(a)

satisfies the requisites listed in paragraphs (a) to (d)

of sub-article (3); and

(b) has satisfied the Council that he has adequate

professional training or experience in counselling for an

aggregate period of not less than two years on a full-time basis, or

has performed one thousand (1,000) hours of work under the

supervision of a counselling supervisor, whichever is attained

first, or the equivalent to that period on a part-time basis of not

more than six years, after obtaining the Masters degree, or

recognised degree as mentioned in the foregoing sub-article.

(5) The Minister may prescribe, in place of the minimum

requirements established under the preceding provisions of this sub-

article, other minimum requirements in terms of international or

multinational treaties entered into by Malta, or with the provisions of

any legislation brought into force by virtue of any such treaty or

agreement.

(6) Where the duration of the course leading to the recognised

degree possessed by the applicant is less than the duration of the course

leading to the Masters degree awarded by the University of Malta, or

where the training or experience referred to in sub-article (4)(b) is less

than two years, the provisions of the Mutual Recognition of

Qualifications Act and of any other regulations made thereunder shall

(1) There shall be a council to be known as the Council

of the Counselling Profession in Malta and which shall consist of seven

members as follows

(a)

four members appointed by the Minister of which

(i) one person shall be a chairperson having a

Masters degree or a recognised degree, has attained a full

warrant from the Council and has at least six years

experience of practice in the counselling profession;

(ii) two persons who exercise the counselling

profession, and who have attained the full warrant from the

Council. One of such members shall be appointed from the

public sector; and

(iii) one person shall be an advocate with at least

seven years of experience who shall be appointed as vice-

chairperson;

(b) two counsellors in possession of full warrant elected

by the counsellors in possession of a full or temporary warrant

in an election conducted by the Council

Provided that in the event of the setting up of

the first Council, the counsellors referred to in this

paragraph shall be nominated by the association of

counsellors or, in the event that there is more than one

association of counsellors, they shall be elected from

amongst the associations in an election conducted by the

Ministry responsible for the counselling profession;

(c) one counsellor elected from amongst the

permanent academic staff of the Counselling Department

within the Faculty for Social Wellbeing at the University of

Malta;

(2) In the event of the setting up of the first Council after the

coming into force of this Act, any reference in this article to

counsellors forming part of such Council shall be understood as

referring to persons eligible to the full warrant in accordance with this

Act.

(3) The elections made in terms of sub-article (1) (b) and (c)

shall, for the first time, be made within two weeks of the date of the

request in writing made for that purpose by the Minister and, for any

subsequent nomination, within one month from the date the vacancy

arises, or when the vacancy arises due to the expiry of the term of

office, such nomination shall be made within one month before the

said expiration. In the absence of a nomination, the Minister shall

appoint a person from amongst registered counsellors with a full

warrant.

(4) The members of the Council shall be appointed for three

years.

(5) The members of the Council shall, on the expiration of their

term of office, be eligible to be members, provided that no person may

serve as a member of the Council for more than three consecutive

terms.

(6) Whenever the engagement of a member becomes vacant

prior to the expiration of his term of office, the person engaged in his

stead shall be appointed for the remaining period of the original

engagement.

(7) In every case, the number of members attending a meeting

needed present to form a quorum shall be four. The chairperson shall

have an original vote and, in the case of equality of votes, a casting

vote.

(8) The Minister shall also appoint a person to act as secretary

to the Council and the secretary shall have no vote.

(9) Subject to the foregoing provisions of this sub-article, the

Council may regulate its own procedures.

(10) The Council shall meet as often as necessary, but in no case

less frequently than once every month. Council meetings shall be called

by the chairperson either on his own initiative or at the request of any

two members.

(11) In the exercise of its functions under this Act, the Council

may consult such persons as it may deem appropriate. For this purpose,

the Council may invite such individuals to attend the Council meetings.

(12) The Council shall keep true and correct copies of records

of all its proceedings and the Council shall give to the Minister any

information as he may require.

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

the powers and functions of the Council are to regulate the practice and

eligibility to practise the counselling profession in Malta, and in

particular to

(a) establish counselling standards, assess existing

counselling standards and develop new continuing professional

development in counselling and other standards whenever this is

necessary. The Council may recommend to the Minister initial

and continuing education in counselling, proficiency,

experience and other qualifications required to hold a warrant

under this Act;

(b) consider, process and make recommendations to the

Minister regarding applications for warrants issued under this

Act and applications for equivalence and recognition of

qualifications in counselling;

(c)

examine applications for a warrant to practise the

counselling profession in Malta and also make

recommendations to the Minister on the award or refusal

thereof;

(d) keep and amend accordingly the following official

registers of counsellors

(i) Register for Counsellors with a restricted

warrant, with reference to any specialisation, if the case

arises;

(ii) Register for Counsellors with a temporary

warrant, with reference to any specialisation, if the case

arises;

(iii) Register for Counsellors with a full warrant

with reference to counselling with specialisation, if the

case arises;

(iv) Register

for

Counselling

Supervisors

according to the criteria established by the Council and the

Code of Ethics;

(v)

Register for Associations of Counsellors; and

(vi) Register for Societies of Counsellors;

(e)

keep such records and such information as may be

required in relation to any association of counsellors registered by

the Council;

(f)

make recommendations to the Minister on the Code

of Ethics which shall be established for the professional conduct

of counsellors;

(g) advise or make recommendations or otherwise

express its views to the Minister on any matter on which the

Minister is to consult the Council or on which the Council is to

make recommendations to the Minister or on which the opinion

or recommendation of the Council is sought by the Minister;

(h) make recommendations to the Minister to prescribe

regulations in relation to the employment of persons who have a

recognized degree but who do not qualify for a warrant under

this Act, and who are working under the supervision of a

registered counsellor in such establishments or agencies as may

be prescribed;

(i)

investigate allegations of professional misconduct,

gross negligence or incompetence by a counsellor; and

(j)

perform such other functions that may arise under

this Act or under any other law, or as may be assigned to it by the

Minister.

(2) The Council shall, not later than three months after the end

of each year, publish in the Gazette a list of persons who, until the

31st December of the previous year, were registered in the official

Register of Counsellors.

(3) The Council shall draw up and publish an annual report

concerning its activities.

(1) Any person seeking to obtain a warrant to practise Application

the counselling profession in Malta shall obtain an application form form

warrant.

for the warrant from the Council and submit such application in the

registered office of the Council.

(2) If the Council is satisfied that the applicant qualifies for a

warrant under this Act, it shall make a recommendation to the Minister

to issue that warrant.

(3) Where following the period indicated in article 3(4)(b), the

Council is satisfied that the applicant qualifies for a full warrant, the

Council shall make a recommendation to the Minister to issue that

warrant.

(4) For the purpose of establishing whether an applicant

qualifies for a warrant as mentioned in the foregoing sub-article, the

Council may submit the applicant to undergo a skill 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 in accordance with

recommendations made by the Council in any particular case. A

warrant for counselling with specialisation shall indicate the specific

area in which the holder of the warrant may practise and may include

such special conditions for specific periods in accordance with

recommendations made by the Council according to the provisions of

this Act and any regulations made thereunder.

(6) In the consideration of an application by a holder of a full

warrant for the practice of the counselling profession in a specific area

of counselling, the Council may submit the holder of such warrant, in

addition to the submission of such qualifications as may be prescribed,

to such further training or to an adaptation period as may be required by

the Council.

(7) A warrant issued under this Act shall continue to have effect

provided that the holder of a warrant, when requested by the Council,

shall prove to the Council that he satisfies such criteria as established

by the Council from time to time

Provided that when the holder of a warrant fails to provide

such proof, his warrant shall be deemed to be suspended unless the

holder thereof proves to the Council that he meets such criteria that

may be prescribed by the Council.

(8) Every counselling supervisor registered by the Council shall

be granted a licence for five years, which licence may be extended for

further periods of three years, or revoked, as the case may be.

(9) Every person who is granted a warrant by the Council to

practise the counselling profession shall display in a prominent position

such warrant in the place where he practises as a Counsellor and shall

keep on him his identity card issued by the Council which shall indicate

that he may practise as a counsellor whilst exercising the counselling

profession. This sub-article also applies to any person that is registered

by the Council as a counselling supervisor, as well as to the members of

associations of counsellors registered by the Council.

(10) No person, except those persons given the warrant of a

counsellor by the Minister, may use the word ''Counsellor'' or

''Counselling"

Provided that a person holding an official capacity in

diplomacy may use the word "Counsellor" but not "Counselling", and

any person holding a warrant of professional psychologists issued by

the Malta Psychology Profession Board may use the word

"Counselling" but not "Counsellor".

(1) The Council shall, not later than four months from Recommenda-

the date of receipt of the application for the issue of a warrant, in tions

applications for

addition to examining the information and all relevant documentation a warrant.

in support of the application, also recommend to the Minister whether

the applicant may immediately exercise the counselling profession. In

the above-mentioned period the applicant may make a request in

writing to the Council to be given the faculty to practise under

supervision, and this in terms of any disposition indicated by the

Council.

(2) The Council shall inform the applicant about the

recommendations given under the foregoing sub-article and the reasons

on which such recommendations are based upon.

(1) No person shall be qualified to obtain or retain a Failure to

warrant in terms of this Act if he has been convicted of a criminal obtain,

of, a warrant.

offence, by a competent court, which carries a punishment of

imprisonment for a term exceeding one year, or if he has been

convicted of a criminal offence considered by the Council as

detrimental to the counselling profession or is not compatible with the

counselling profession.

(2) Where a person forfeits his warrant on the ground of a

conviction as referred to in sub-article (1), notice of such loss shall be

published in the Gazette and shall be communicated by the Council to

the person who has forfeited the warrant unless the person has been

interdicted by the judgement itself. If the person is in employment, a

copy of such communication shall be sent to his employer.

(3) The Minister may, at all times, and upon the

recommendation of the Council, reinstate the person who has forfeited

the warrant according to the provisions of article 11.

(1) The Council may set up a committee to inquire into Committee of

any alleged professional misconduct, gross negligence or inquiry.

incompetence in relation to a counsellor.

(2) For the purposes of this article, the terms "professional

misconduct", "gross negligence", or "incompetence", include the

following

(a)

the obtaining of a warrant in a deceitful or

fraudulent manner, or otherwise purporting to be a counsellor

without the required warrant;

(b) the contravention of the Code of Ethics established

under this Act;

(c)

the failure to observe any regulations regarding

professional standards or practice;

(d) the failure to observe any conditions attached to the

warrant issued under this Act;

(e)

the assumption of a professional competence for

which the person is not qualified or otherwise is not authorised to

practise in terms of his warrant;

(f)

acting in any manner which may be detrimental to

the counselling profession; and

(g) giving incorrect information or displaying lack of

skill or judgement in the practice of the counselling profession

or in the performance of any duties or obligations in the

counselling practice.

(3) Any holder of a warrant who is subjected to an inquiry by

the Committee shall be given the opportunity to make his defence and

bring evidence in his favour, and for this purpose, that holder of a

warrant may be represented by an advocate or by any other person of

his choice.

(4) On the conclusion of the inquiry, the Committee shall

decide whether there are or not sufficient grounds to find the holder of a

warrant guilty of professional misconduct, gross negligence or

incompetence. In the first case, the Committee shall make a report of its

decision and shall commit the holder of the warrant for inquiry by the

Council together with its recommendations to impose a penalty, and, in

the second case, recommend that no further proceedings should be

undertaken.

(5) The penalties mentioned in the foregoing sub-article may

include

(a)

the suspension or the revocation of such warrant

subject to such conditions as may be recommended;

(b) the suspension or the revocation of the registration

in a society of counsellors;

(c)

the imposition of conditions that may be attached to

a warrant;

(d)

reprimand;

(e)

the payment to cover the costs of the inquiry;

(f)

order the waiver, reduction or refund of any fees

charged for services rendered; or

(g)

any other penalties that may be prescribed.

(6) Upon the revocation of the warrant, the Council shall strike

off the name of the holder of that warrant from the official register of

counsellors. The revocation of any warrant shall be published in the

Gazette.

(7) For the purposes of this article, the powers vested, or the

powers which may be vested, in the members of the Committee shall be

those provided under the Inquiries Act and the Council shall conduct Cap. 273.

the inquiries as provided for in the said Act.

(1) The holder of the warrant who feels aggrieved by a Appeal to the

decision of the Council may appeal before the Court of Appeal in its Court

Appeal.

jurisdiction within twenty-one days from the date when notice of the

decision has been given to the Minister and notified to the holder of

the warrant by registered post.

(2) The warrant shall be suspended or revoked only when the

Court of Appeal confirms the decision of the Council.

(3) The Minister responsible for justice may make regulations

prescribing the fees to be paid to the Registry of the Court on appeals

made under this article

Provided that until such fees are prescribed by the Minister

responsible for justice under this article for the lodging of appeals, the

fees referred to in the Code of Organization and Civil Procedure shall, Cap. 12.

mutatis mutandis, apply.

(4) The Board referred to in article 29 of the Code of Cap. 12.

Organization and Civil Procedure shall make rules establishing the

form of such appeals and matters relating thereto.

The Minister may, on the recommendation of the Council,

and after a request is made, reinstate the person who has forfeited the

warrant because of a decision to suspend or revoke if such person meets

such requirements that may be prescribed. Where the warrant is

reinstated, the person reinstated with the warrant shall be immediately

registered again in the official register.

(1) Any association of counsellors may make an

application to the Council to be registered as an association of

counsellors for the purposes of this Act.

(2) An association of counsellors shall be qualified to be

registered under this article if it proves to the Council that at least

three of its members are registered as counsellors in possession of a

full or temporary warrant, and that it conforms with such other

conditions as may be prescribed from time to time. Upon application

for registration, the association of counsellors must submit, together

with the application for registration, a list of all its members and any

other information as the Council may require to process such

application.

(3) The Council shall have the power to require, in a reasonable

manner, from time to time, any association of counsellors registered

under this article to produce such records and information regarding the

association and its members.

(1) Two or more holders of a full warrant may form a

civil partnership, in this Act referred to as a "society of counsellors",

having for its exclusive object the practice of the counselling

profession and such powers as are necessary for the attainment of the

objects of the society.

(2) No person, other than a holder of a warrant, may be a part

of a society of counsellors.

(3) Any society of counsellors shall, formed according to the

provisions of this article, pay any fees that may be prescribed so that

such society can be registered by the Council and upon registration the

persons forming part of the society shall, for as long as it is so

registered, be authorised to act in the name and on behalf of the society

which shall be entitled to use the designation "Counsellors" as part of

the name of the society.

(4) Every society of counsellors shall provide the Council such

information which may be reasonably required by the Council from

time to time or as may be prescribed, and shall notify the Council of

any relevant changes in any information which has been provided to the

Council not later than fifteen days of the date on which the change

occurred.

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

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

solely to a

apply solely to a society of counsellors, and not to members of an society

counsellors.

association of counsellors in terms of article 12

(a)

any act or thing that may be done by a holder of a

warrant may be done by one or more of the persons that form part

of the society on behalf of such society; and any act or thing done

on behalf of the society shall be done by one person forming part

of that society or more; and

(b) where any thing done or omitted to be done by a

person whilst forming part of a society of counsellors, the

resulting responsibilities and liabilities of that person shall not

cease on the ground that the person has retired or died, or for any

other reason on the ground of which the person no longer forms

part of the society.

(2) Notwithstanding the foregoing provisions of this article, no

person that forms part of a society of counsellors shall exercise the

counselling profession in a specialised area unless so authorised by his

warrant or unless he acts under the supervision of another person that

forms part of the society who is in possession of a warrant that entitles

him to exercise the counselling profession in such specialised area.

The provisions of articles 9, 10 and 11 shall apply to Applicability of

articles 9, 10

societies of counsellors as they apply to individual counsellors.

and 11.

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

warrant or registering a society of counsellors according to the fraudulent

misleading

provisions of this Act, knowingly gives incorrect or in any other information.

manner acts in a misleading or fraudulent manner shall be guilty of an

offence, and on conviction, shall be liable to a fine (multa) of not more

than two thousand and five hundred euro (€2,500) or to imprisonment

of not more than twelve months or to both such fine and imprisonment.

(2) Any person who is found guilty of any other offence

referred to under this Act shall, on conviction, be liable to a fine (multa)

of not less than one thousand and five hundred euro (€1,500) and not

more than five thousand euro (€5,000), or to imprisonment of not more

than three months, or to both such fine and imprisonment, and in the

case of a continuous offence, to a fine (multa) of fifteen euro (€15) for

each day during which the offence continues.

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

under this Act -

(a)

practises the counselling profession; or

(b) makes use of any professional title of counsellor or

the designatory letters; or

(c)

purports to be a counsellor; or

(d)

performs the work of a counsellor,

shall be guilty of an offence under this Act.

(4) Any person who makes use of the word "Counsellors" in

relation to a society of counsellors, where such society is not registered

according to the provisions of this Act, or in any other manner

deceitfully or fraudulently makes use of a name which implies the

existence of a society of counsellors, shall be guilty of an offence under

this Act.

(5) For the purposes of sub-articles (3) and (4), the use on any

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

printed or engraved device, instrument or document, or by electronic

means, of the words "Counsellor" or "Registered Counsellor" in

relation to a name, or "Society of Counsellors" or "Counsellors" in

relation to a society of counsellors that is not registered, may constitute

sufficient evidence of the knowledge of such use by any person in

relation to whose name or society the said words are used, unless such

person proves that he was unaware and could not with reasonable

diligence be aware of such an act and that he did everything within his

power to prevent the continuation of such act.

(6) For the purposes of this article, a person shall not be

deemed to be in contravention of the provisions of this Act if such

person is practising counselling work during an adaptation period or

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

registered supervisor and subject to such regulations as may be

prescribed.

(7) Without prejudice to sub-article (6), no person or

organisation shall employ any person other than a registered

counsellor for the purpose of exercising the counselling profession.

(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.

Whosoever by violence or threats compels a Counsellor who Violence and

is a public officer to do or not to do any act appertaining to his office, threats.

shall, on conviction, be liable to imprisonment for a term from one to

five years and to a fine (multa) of not less than four thousand euro

(€4,000) and not more than ten thousand euro (€10,000).

Where, following an inquiry under the provisions of article Breach of

9, the Council finds a counsellor guilty of any breach of professional professional

conduct or of

conduct, gross negligence or incompetence, the Council may impose the

Ethics.

one or more of the penalties set out in article 9 or such penalties as the

Minister may prescribe.

The Minister may, after consultation with the Council, Power to make

make regulations not inconsistent with the provisions of this Act, to regulations.

give better effect to any of such provisions and, in general, to regulate

the counselling profession, and without any prejudice to the generality

of the foregoing, such regulations may in particular include provisions

relating to

(a) the establishment of standards, procedures and

duties in the exercise of the counselling profession and other

practices which shall be followed by counsellors, in general as

well as in particular fields of activities;

(b) the professional conduct and the Code of Ethics of

counsellors and standards of competency and integrity that must

be maintained in the counselling profession;

(c)

the requirements in relation to the continuing

professional development for the maintenance of a warrant;

(d) the work which may be performed and the services

which may be provided in terms of the warrant, and the terms

and conditions which may be attached to the warrant, and the

additional qualifications necessary for warrants providing for

the practice of the counselling profession in specialised fields;

(e)

the fees that may be charged by the Council in

connection with the application for the issue of a warrant, for

any registration under this Act, and for any other work that may

be performed by the Council according to the provisions of this

Act;

(f)

the fees that may be charged by the counsellors 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 degree but who do not qualify for a warrant under

this Act, and who are working under the supervision of a

registered counsellor in such establishments or agencies as may

be prescribed;

(i)

any other procedure that may be adopted by the

Council;

(j)

any matter that may be required or is authorised by

this Act to be prescribed;

(k) the punishments, the penalties and the consequences

and effects to which a person may become liable or which may

take place in the event of any contravention against, or non

compliance with any provision or of any regulations made under

this Act; and

(l)

the administrative fines that may be imposed by the

Council shall not exceed one thousand and five hundred euro

(€1,500).

(1) Any person who, on the date of entry into force of

this Act, has a professional qualification in counselling which makes

him eligible for a licence of a warrant to exercise the counselling

profession in a country where the professional qualification has been

obtained, shall be considered to satisfy the provisions of article

3(3)(d).

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

by a person who successfully obtained the qualification referred to in

article 3(3)(d) between the date of receipt of such qualification and the

entry into force of this Act, shall be deemed to be training undertaken

under the supervision of a counsellor or a counselling supervisor.

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

person who satisfies the Council who before the coming into force of

this Act

(a)

he is qualified in Masters in Counselling that includes

professional training or has a diploma issued by the University of

Malta or its equivalent in accordance with the standards of the

Malta Qualifications Recognition Information Centre; and

(b) has exercised the counselling profession on a regular

basis or has occupied the post of a counsellor in a Government

department or agency for a period of not less than three years, or

has occupied the post of a counsellor in a Government

department, institution or a non-governmental agency approved

by the Council as such, or is self-employed and certified by a

supervisor that he has worked for at least two hundred hours

within a period of two years,

shall be deemed to satisfy the requirements of article 3(3)(d)

Provided that the Council may order additional training to

the persons referred to in paragraphs (a) and (b).

(4) Any person who is registered in courses which are not

equivalent to the Degree of Masters in Counselling – M.Couns. -

offered by the University of Malta in terms of the Bye-Laws under the S.L. 327.330

auspices of the Faculty of Education, shall be allowed a period of two

years from the entry into force of this Act to complete such courses and

the Council may order additional training. Following this period of two

years, the Degree of Masters in Counselling obtained from the

University of Malta, or its equivalent, shall be considered as the

minimum qualification for the counselling profession.

(1) Any person who on the date of entry into force of Register for

this Act was trained in the supervision of counsellors that makes him supervisors.

eligible to exercise supervisory functions in the country where the

training has been obtained and has exercised those functions for a

period of not less than one year, will be eligible to be registerred by

the Council in the register for supervisors.

(2) On the entry into force of this Act, a person not trained in

the supervision of counsellors as defined in this Act, may be granted a

licence for a period of five years, provided he proves to the Council

that he has adequate experience in the supervision of counsellors. The

term of the licence may be extended for consecutive periods of three

years

Provided that the term of the licence shall not be extended if

such person fails to obtain training as a counselling supervisor within

the first period.

Notwithstanding any other provision under this Act, a Supervision.

person may request the Council to practise the counselling profession

under the supervision of a supervisor whose profession is related to

the counselling profession

Provided that the Council may deny such a request

whenever it provides a list of counselling supervisors and whenever

the Council establishes that the requested supervisor does not have

adequate experience in providing supervision in counselling

Provided further that if upon entry into force of this Act a

person is practising the counselling profession under the supervision of

another supervisor may continue to practise under such supervision for

the remaining period and shall immediately upon termination of such

period request the Council to practise under the supervision of a

counselling supervisor.

(1) Any person not eligible to a temporary warrant or

full warrant under this Act who on the date of entry into force of this

Act is employed with an agency or institution with training given or

recognised only by the same agency or institution, may by not later

than six months from the date of entry into force of this Act, apply to

the Council to be given a restricted warrant. When given the restricted

warrant, such person may only be employed with the agency or

institution with which he was employed when given the restricted

warrant and such warrant shall not be transferable to the practice of

the counselling profession in a self-employed capacity

Provided that the restricted warrant may be transferable to

another agency or institution, so long as such other agency or

institution recognises the training given by the agency or institution,

upon an authorisation in writing by the Council.

(2) The provisions of sub-articles (1), (2), (3), and (6) of

article 3 and articles 6, 7, 8, 9, 10, 11, 12, 17 and 18 shall mutatis

mutandis apply to persons with a restricted warrant.

Passed by the House of Representatives at Sitting No. 242 of the

24th February, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.80