ACT No. XXVI of 2016 AN ACT to empower persons within the autism spectrum by providing for their health and well-being in society, the betterment of their living conditions, their participation and inclusion in society and to make ancillary and consequential provisions thereto in full

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

17 th May, 2016

ACT No. XXVI of 2016

AN ACT to empower persons within the autism spectrum by

providing for their health and well-being in society, the betterment of

their living conditions, their participation and inclusion in society

and to make ancillary and consequential provisions thereto in full

adherence to the UN Convention on the Rights of Persons with

Disability.

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:-

PART I: Preliminary Provisions

(1) The short title of this Act is the Persons within the Short title and

commencement.

Autism Spectrum (Empowerment) Act, 2016.

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

responsible for persons with disability may by notice in the Gazette

appoint, and different dates may be so appointed for different

provisions and different purposes of this Act.

(3) A notice under sub-article (2) may make such transitional

provisions as appear to the said Minister to be necessary or expedient

in connection with the provisions thereby brought into force.

In this Act, unless the context otherwise requires

Interpretation.

''Committee'' means the Standing Committee on Social Affairs S.L.Const.02

of the House of Representatives set up by Standing Order 120A(v) of

the Standing Orders of the House of Representatives;

''Council'' means the Autism Advisory Council established

under this Act;

''Minister'' means the Minister responsible for persons with

disability;

''prescribe'' means to prescribe by regulations made under this

Act.

PART II: Autism Advisory Council

(1) There shall be a body known as the Autism

Advisory Council to perform the functions conferred or imposed on it

by this Act.

(2) The Council shall be appointed by the Minister following

consultation with the Standing Committee on Social Affairs for such

time and on such conditions as the Minister may prescribe. The

Council shall be initially appointed for a period of five years and any

subsequent appointments shall be for a period of three years for each

appointment.

(1) The Council shall be composed of a Chairperson and

eleven members.

(2) The Chairperson of the Council shall be appointed from

amongst persons knowledgeable in autism spectrum.

(3) The members of the Council shall be divided into two

categories

(a)

the ex officio members; and

(b)

other members.

(4) The ex officio members of the Council shall be the

following

(a) the Permanent Secretary within the Ministry for

Health or his representative;

(b) the Permanent Secretary within the Ministry for

Education and Employment or his representative;

(c)

the Permanent Secretary within the Ministry for

Social Policy and Persons with Disability or his representative;

(d) the Dean of the Faculty for Social Wellbeing or his

representative;

(e)

the Dean of the Faculty of Medicine and Surgery or

his representative;

(f)

the Dean of the Faculty of Education or his

representative;

(g) the Commissioner for the Rights of Persons with

Disability or his representative; and

(h) the Chief Executive Officer Aġenzija SAPPORT or

his representative.

(5) The other members of the Council shall consist of three

representatives of non-governmental organisations supporting

individuals within the autism spectrum and their families, of which at

least one shall be an adult with autism spectrum.

(6) Subject to the provisions of this article, the office of a

member of the Council shall become vacant –

(a)

at the expiration of five years in the case of the

initial appointment of the Council or three years in the case of

subsequent appointments, from the date of his appointment; or

(b) if any circumstances arise that, if he were not a

member of the Council, would cause him to be disqualified for

appointment as such.

(7) A member of the Council may be removed from office by

the Minister, but such member may be removed only for inability to

discharge the functions of his office (whether arising from infirmity

of mind or of body or any other cause) or for misbehaviour.

(8) If the office of a member of the Council is vacant or if a

member is for any reason unable to perform the functions of his office,

the Minister shall appoint a person who is qualified to be appointed to

be a member to be a temporary member of the Council, and any person

so appointed shall, subject to the provisions of sub-articles (4) and (5),

cease to be such a member when a person has been appointed to fill the

vacancy or, as the case may be, when the member who was unable to

perform the functions of his office resumes those functions.

The Minister shall appoint a full-time Secretary to the Secretary to the

Council.

Council.

The Council shall meet at the call of the Chairperson and Council

meetings.

as may be provided in procedures adopted by the Council.

(1) A simple majority of members of the Council or of

the Advisory Working Groups shall constitute a quorum.

(2) The Council shall act by a majority vote of its serving

members present and voting. In the case of equality of votes, the

Chairperson shall have the right to exercise the casting vote. Following

the vote, the Chairperson shall present to the Minister all reports related

to the said vote including any minority reports if any.

(3) The Council shall, subject to the provisions of this Act,

regulate its own procedure.

(1)

The Chairperson shall draw up the Council agenda.

(2) The Secretary shall communicate the agenda drawn up as

aforesaid to members.

(1) The Chairperson and members of the Council shall

receive such honorarium as the Minister shall prescribe. Such

payment shall be paid on monthly intervals in the case of annual

appointments and on completion of task in the case of appointments

by task.

(2) The Advisory Working Group Chairpersons and Advisory

Working Group Members shall receive an honorarium as the Minister

shall prescribe, but should Advisory Working Groups not be

appointed on an annual basis but on a task basis, they shall be paid an

honorarium on completion of their task.

(1) The Council shall act in an advisory capacity to the

Minister and shall perform the following functions

(a) prepare and submit to the Minister for his approval

an Autism Support State Plan, as referred to in article 11 within

one year of the Council’s appointment;

(b) review, monitor and update at regular intervals or at

such intervals as the Minister may prescribe, the Autism

Support State Plan;

(c)

advise the Minister on the implementation of the

Autism Support State Plan;

(d)

assist the Government to achieve the purposes of

this Act;

(e)

collect appropriate, anonymous and aggregated

information on the collective population of persons within the

autism spectrum, including statistics and research data;

(f)

give advice on

(i) the promotion of vocational training, when

required, and skills development programmes for

persons within the autism spectrum;

(ii) the enabling of persons within the autism

spectrum to learn life and social development skills to

facilitate their full and equal participation in education

and as members of the community;

(iii) the promotion of self-determination of persons

within the autism spectrum;

(iv) the enhancement of access to appropriate

support services and equal opportunities for inclusion

and participation in society by providing, as appropriate,

training to public administrators, service providers,

educators, carers, caregivers, families, professionals and

non-professionals on the needs and rights of persons

within the autism spectrum; and

(v) the formulation of feasible, effective and

sustainable intervention programmes for addressing the

autism spectrum;

(g) propose training for parents and other persons who

work with persons within the autism spectrum;

(h) create awareness raising initiatives for the general

public inter alia to achieve autism acceptance within society;

(i)

promote coordinated research regarding the

identification and cause for the significant increase in children

identified within the autism spectrum through a person-centred

diagnostic approach;

(j) focus on the need to improve identification of

undiagnosed adults within the autism spectrum through a person-

centre diagnostic approach, addressing also the topic of autism

and ageing; and

(k) carry out such other functions as the Minister may

prescribe.

(2) In carrying out its functions under the provisions of this

article, the Council shall aim to achieve the following objectives

(a) to empower persons within the autism spectrum by

providing for their health, education, well-being and

participation in all aspects of society and the betterment of their

living conditions;

(b) to promote self-determination amongst persons

within the autism spectrum;

(c)

to maximize the potential for children and adults

within the autism spectrum through their personal autonomy

and active citizenship;

(d) to encourage early identification of children within

the autism spectrum in order to provide appropriate early

intervention services for children to achieve optimal

participation in their home, school and locality;

(e)

to effectively coordinate governmental and non-

governmental human resources needed to provide early

identification and evidence-based support required to ensure

that persons within the autism spectrum reach their optimum

potential; and

(f)

to identify the socio-economic, psycho-educational

and health needs of persons within the autism spectrum with a

view for Government to address these needs.

The Autism Support State Plan shall address matters

related, but not exclusively, to family engagement and involvement,

early identification and intervention services, educational support and

services, access to sports and leisure, adult support and services,

training and professional and personal development.

The Minister shall provide the Council with such resources

as it may need to carry out its functions in terms of this Act.

The Council may create Advisory Working Groups to

assist the Council in policy-making recommendations.

Unless otherwise prescribed by any other law

(a) the public administration shall provide to the

Council any necessary assistance or information to enable the

Council to carry out its duties under this Act; and

(b) free access shall be given to any books, records, or

documents held by the public administration relating to matters

within the scope of the Council’s functions.

PART III: Miscellaneous

The Minister may, following consultation with the Minister may

Standing Committee on Social Affairs, from time to time, make make

regulations.

regulations for all or any of the following purposes

(a) drawing up a list of those non-governmental

organisations supporting persons within the autism spectrum;

(b) prescribing any matter which has to be addressed by

this Act; and

(c)

providing for any other matters contemplated by this

Act or necessary for its administration and, or its

implementation.

Passed by the House of Representatives at Sitting No. 388 of the

11th May, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives