ACT No. XXIX of 2016 AN ACT to amend the Social Work Profession Act, Cap. 468.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

10th June, 2016

ACT No. XXIX of 2016

AN ACT to amend the Social Work Profession Act, Cap. 468.

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:-

The short title of this Act is the Social Work Profession Short title.

(Amendment) Act, 2016, and this Act shall be read and construed as

one with the Social Work Profession Act, hereinafter referred to as Cap. 468.

''the principal Act''.

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) immediately after the definition ''Board'' there shall

be added the following new definition

'' ''evidence of formal qualifications'' shall

have the same meaning as assigned to it by the

Recognition of Professional Qualifications

Regulations;'';

(b) immediately after the definition ''evidence of formal

qualifications'' there shall be added the following new

definition

'' ''higher education qualification'' shall

have the same meaning assigned to it by the

Mutual Recognition of Higher Education

Qualifications in the European Region

Regulations;'';

(c)

in the definition ''Minister'', for the words ''social

policy'' there shall be substituted the words ''social welfare'';

(d) paragraph (b) of the definition "practise" shall be

substituted by the following

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

profession of a warrant, or the professional title of

"Registered Social Worker", or the designatory letters

"RSW", or the professional title of "Social Worker"

followed by the warrant number;";

(e)

immediately after the definition ''proficiency test''

there shall be added the following new definition

'' ''recognised degree in social work'' means the

Honours Degree in Social Work issued by the University

of Malta or the formal acknowledgment by the Board of

the value of a foreign higher education qualification held

by the applicant with a view to allowing him to gain

access to and pursue in Malta the social work

profession;'';

(f)

for the definition ''registered social worker'' or

''social worker'' '' there shall be substituted the following

'' ''registered social worker'' means a person who is in

possession of a warrant to practise the profession of social

work obtained in accordance with article 6 and is

registered in the official register of warranted social

workers kept by the Board;";

(g) for the definition ''social work'' there shall be

substituted the following

'' ''social work'' means a practice-based profession and

an academic discipline that promotes social change and

development, social cohesion, and the empowerment and

liberation of people. Principles of social justice, human

rights, collective responsibility and respect for diversities

are central to social work. Underpinned by theories of

social work, social sciences, humanities and indigenous

knowledge, social work engages people and structures to

address life challenges and enhance wellbeing;"; and

(h) immediately after the definition ''social work'' there

shall be added the following

'' ''social worker'' means a person who is in possession of a

warrant to practise the profession of social work obtained in

accordance with article 6 and is registered in the official register

of registered social workers, or is in possession of a recognised

degree in social work and is practising the profession of social

work under the supervision of a registered social worker;".

Article 3 of the principal Act shall be amended as follows

Amendment of

article 3 of the

principal Act.

(a)

for sub-article (1) thereof, there shall be substituted

the following

"(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 warranted social worker unless he is the

holder of a warrant issued by the Board

Provided that sub-article (1) shall not apply to a

person who is in possession of a recognised degree in

social work and is practising the profession of social

work in accordance with the proviso to sub-article

(3)(e)

Provided further that a person who is not in

possession of a warrant shall not use the title of

"Registered Social Worker" or the designatory letters

"RSW", but shall use the title "Social Worker" or the

designatory letters "SW".";

(b) for sub-article (3) thereof, there shall be substituted

the following

''(3) Without prejudice to any provision of, or any

regulation made by or under, the Mutual Recognition of

Qualifications Act, 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;

(b) is of good conduct;

(c) has his name entered in the register of

registered social workers;

(d) is in possession of a recognised degree in

social work;

(e) satisfies the Board that he has received

adequate experience in the practice of the profession

of social work for an aggregate period of not less

than two years full-time or the equivalent to that

period on part-time basis of not more than six years

from commencement of practice under the

supervision of a registered social worker, or is in

possession of evidence of formal qualifications;

(f) satisfies the Board that there has not been

any professional misconduct, gross negligence,

incompetence or is in breach of the code of ethics

established under this Act;

(g) has applied for the warrant within ninety

days of having received the adequate professional

experience in accordance with paragraph (e)

Provided that, from the date as the Minister

may by notice in the Gazette establish, the name of a

person who holds the Honours Degree in Social

Work of the University of Malta shall not be entered

in the register of warranted social workers unless

such person, upon qualifying for such degree, has

received adequate professional experience within an

entity under the supervision of a registered social

worker engaged by that entity

Provided further that, without prejudice to

any other requirements, which the Board may

consider necessary, a person shall be considered as

having received adequate professional experience if

he submits to the Board documentation for every

supervision session, signed by the registered social

worker under whose supervision the practice of social

work was undertaken.";

(c) immediately after sub-article (5) thereof, there shall

be added the following new sub-article

''(6) Without prejudice to any provision of,

or any regulation made by or under, the Mutual

Recognition of Qualifications Act, where the

duration of a course leading to the higher education

qualification possessed by an applicant is less than

the duration for the course leading to the Honours

Degree in Social Work of the University of Malta,

or where the applicant does not satisfy the

requirements mentioned in sub-article (4)(b), 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.'';

(d) immediately after sub-article (6), there shall be

added the following new sub-article

''(7) Not more than thirty days after a person enters

in the practice of the profession of social work with an

entity, he shall give notice thereof to the Board, together

with a confirmation by the registered social worker

under whose supervision such person is practising the

profession of social work."; and

(e)

immediately after sub-article (7), there shall be

added the following new sub-article

"(8) Any person or entity that fails to give the notice

as established under the preceding sub-article, may be

liable to the penalty of not less than two hundred and

fifty euro (€250) and not more than one thousand euro

(€1000).".

In sub-article (1) of article 5 of the principal Act, Amendment of

paragraphs (e) to (k) shall be renumbered as paragraphs (f) to (l) article

principal Act.

respectively, and immediately after paragraph (d) there shall be added

the following new paragraph

''(e) keep an official register of all unwarranted social

workers;''.

Article 9 of the principal Act shall be amended as follows

Amendment of

article 9 of the

principal Act.

(a)

for sub-article (1) thereof, there shall be substituted

the following

''(1) The Board may set up a committee to inquire

into any alleged professional misconduct, gross

negligence or incompetence in relation to both registered

social workers and social workers.'';

(b) in sub-article (3) thereof, for the words ''Any social

worker who is the subject of any inquiry" there shall be

substituted the words ''Any registered social worker, or social

worker, as the case may be, who is the subject of any inquiry'';

and

(c)

sub-articles (4) to (6) thereof shall be deleted and

immediately after sub-article (3) thereof, there shall be added

the following new sub-articles

''(4) On the conclusion of the inquiry, the

committee shall decide whether there are sufficient

grounds to find the registered social worker under

inquiry guilty of professional misconduct, gross

negligence or incompetence. In the affirmative, the

committee shall make a report of its decision and

shall commit such person for further inquiry by the

Board together with its recommendations on the

penalty to be imposed, and, in the negative,

recommend that no further inquiry is to be

undertaken.

(5) The penalties mentioned in the

foregoing sub-article may include

(a)

the suspension or cancellation of

the warrant subject to such conditions as may

be recommended;

(b) the suspension or cancellation of

the registration of a partnership of registered

social workers;

(c)

the imposition of conditions to be

attached to a warrant;

(d) a reprimand;

(e)

a payment to cover the costs of

the inquiry;

(f)

an order for the waiver, reduction

or refund of any fees charged for services

rendered; or

(g) any other penalty as may be

prescribed.

(6) On the cancellation of the warrant of a

registered social worker the Board shall strike off

the name of such person from the official register

of registered social workers.

(7) In regard to a social worker, the

committee shall also be competent to decide

whether such social worker failed to comply with

the requirements set out in the proviso to article

3(1), and upon a recommendation made by the

committee to that effect, the powers of the Board

under this article to impose a penalty shall include

the power to direct any one or more of the

following measures, that is

(a)

order that such person suspends

his practice of the profession of social work

for such period of time as the Board may

determine;

(b) order that such person undergoes

such period of additional training;

(c)

a caution;

(d) a penalty of not less than three

hundred euro (€300) and not exceeding seven

hundred euro (€700);

(e)

any other penalty as may be

prescribed.

(8) 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

said Act.''.

For sub-article (1) of article 10 of the principal Act there Amendment of

article 10 of the

shall be substituted the following

principal Act.

''(1) Any person who feels aggrieved by a decision given

by the Board in accordance with this Act, or any regulation

falling under it, may appeal from that decision to the Court of

Appeal in its inferior jurisdiction within twenty-one days from the

date when notice of the decision has been given to the Minister

and notified to that person by registered post.".

In article 11 of the principal Act, immediately after the Amendment of

words ''Where the warrant of the'' there shall be added the word article

principal Act.

''registered''.

In sub-article (1) of article 12 of the principal Act,

immediately after the words ''registered as an association of'' there

shall be added the word ''registered''.

Article 13 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, for the words ''partnership

of social workers'' there shall be substituted the words

''partnership of registered social workers'';

(b) in sub-article (2) thereof, for the words ''in a

partnership of social workers'' there shall be substituted the

words ''in a partnership of registered social workers''; and

(c)

in sub-article (3) thereof, for the words ''shall be

entitled to the designation ''Social Workers'' '' there shall be

substituted the words ''shall be entitled to the designation

''Registered Social Workers'' ''.

Immediately after article 15 of the principal Act, there

shall be added the following new article

'' Definition of

For the avoidance of any doubt, every

public officer.

registered social worker, or social worker, who is

lawfully charged with a public duty shall, while

in the exercise of his functions, be deemed to be

a public officer within the meaning of the

Criminal Code.''.

11. Article 16 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, for the words ''partnership

of social workers'' there shall be substituted the words

''partnership of registered social workers'';

(b) in sub-article (2) thereof, immediately after the

words ''of any other offence'' there shall be added the words

''under this Act'';

(c)

in sub-article (3) thereof, for the words ''a social

worker'' there shall be substituted the words ''a registered social

worker'';

(d) for sub-article (4) thereof, there shall be substituted

the following

''(4) Any person who uses the words ''Registered

Social Workers'' in relation to a partnership of registered

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 registered

social workers registered as aforesaid, shall be guilty of

an offence against this article.'';

(e) for sub-article (5) thereof, there shall be substituted

the following

''(5) 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 ''Social

Worker'', ''Registered Social Worker'' in relation to a

name or ''Partnership of Registered Social Workers'' or

''Registered 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 proves 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.''; and

(f)

in sub-article (6) thereof, immediately after the

words ''or when in training'' there shall be added the words ''in

accordance with the provisions of this Act''.

12. In article 17 of the principal Act, for the words ''the Board Amendment of

finds a social worker'' there shall be substituted the words ''the Board article

principal Act.

finds a registered social worker or social worker, as the case may be,''.

13. Article 19 of the principal Act shall be amended as Amendment of

article 19 of the

principal Act.

(a)

in sub-article (1) thereof, for the words ''the

provisions of article 3(3)(c)'' there shall be substituted the words

''the provisions of article 4(a)'';

(b) in sub-article (2) thereof, for the words ''For the

purposes of article 3(3)(d)'' there shall be substituted the words

''For the purposes of article 4(b)'', and for the words

''qualification referred to in article 3(3)(c)'' there shall be

substituted the words ''qualification referred to in article 4(a)'';

(c)

in sub-article (3) thereof, for the words ''shall be

deemed to satisfy the requirements of article 3(3)(c) and (d)''

there shall be substituted the words ''shall be deemed to satisfy

the requirements of article 4(a) and (b)''.

Passed by the House of Representatives at Sitting No. 399 of the

6th June, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.08