ACT No. XXXVIII of 2016 AN ACT to provide for the establishment of an Academy to be known as the Academy for Training of Members of Disciplined Forces to mainly provide training to recruiting officers and members of the Armed Forces of Malta, members of the Malta Police Force, the

I assent.

D OLORES C RISTINA

(L.S.)

Acting President

22nd July, 2016

ACT No. XXXVIII of 2016

AN ACT to provide for the establishment of an Academy to be

known as the Academy for Training of Members of Disciplined Forces

to mainly provide training to recruiting officers and members of the

Armed Forces of Malta, members of the Malta Police Force, the

Prisons Officers and the Civil Protection Officers, and to provide for

matters consequential or incidental 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 Academy for

Disciplined Forces Act, 2016.

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

may by notice in the Gazette establish, and different dates may be so

established for different provisions of this Act.

In this Act, unless the context otherwise requires -

Interpretation.

"Academy" means the Academy for Disciplined Forces

established by article 3;

"Armed Forces of Malta" shall have the same meaning assigned

to it under article 3 of the Malta Armed Forces Act;

"Board" means the Academy for Disciplined Forces Board

established by article 5;

"Department of Civil Protection" means the Rescue and

Assistance Force established by article 8 of the Civil Protection Act; Cap. 411.

“disciplined forces” means the Armed Forces of Malta, the Malta

Police Force, the Corradino Correctional Facility and the Department

of Civil Protection;

"disciplined forces trainee" means any member of a disciplined

force who is undergoing training, whether as recruit or otherwise, or

any other person eligible for training by the Academy in accordance

with the provisions of this Act;

"educator" means any person directly involved in the provision of

teaching, instruction and learning, to recruits and members of the

Armed Forces of Malta, the Malta Police Force, the Corradino

Correctional Facility and of the Department of Civil Protection and any

other force, entity or organisation whether foreign or local as may be

indicated by the Minister;

"Gazzette" means the Malta Government Gazette;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"Malta Qualifications Framework" shall be construed within the

context of the national framework for lifelong learning and has the

same meaning assigned to it by article 63 of the Education Act;

"Minister" means the Minister responsible for Home Affairs and

includes any person or authority authorised by the said Minister in

that behalf or as may be prescribed;

"Police Force" means the Malta Police Force established under

article 3 of the Police Act;

"Prisons Officer" shall have the same meaning assigned to it

under article 2 of the Prisons Act;

"programme" has the meaning assigned to it by article 63 of the

Education Act;

"Programme Quality Validation Board (PQVP)" means the

board to oversee the effective operation of the Academy’s academic

programmes through validation;

"qualification" has the same meaning assigned to it by article 63

of the Education Act.

Part II

Establishment and Objectives of the Academy

(1) There shall be an Academy, to be known as the

"Academy for Disciplined Forces", which shall be autonomous and

which shall carry out functions related to members of disciplined

forces and to continuous professional development and training of

disciplined forces trainees.

(2) Disciplined forces may provide training to their respective

members, outside the scope of this Act, subject to written approval

from the Academy

Provided that the Academy shall retain the right to assess

the quality of the training provided and make recommendations

where applicable.

The functions and duties of the Academy shall include

(a)

the provision of high quality training related to the

professional formation and enhancement of skills, attitudes and

practices that are used in the daily professional lives of the

disciplined forces and their contexts taking into account the

diverse contexts that exist;

(b) the provision of training and educational

opportunities to promote continuous professional development

for members of disciplined forces that support departmental

policies and reflect individual career development;

(c)

the development of prospects for national and

international cooperation allowing members of the disciplined

forces opportunities for specialist education and training in key

areas. This includes developing cooperation networks with

international and national partners to encourage knowledge

transfer through exchange, internship and placement

programmes;

(d) the development, organisation or facilitation of

educational and thematic programmes beyond the framework of

structured curricula, such as research initiatives and projects,

conferences, seminars, publications and other events, for

members of the disciplined forces, international representatives

from disciplined forces, academic students and members of the

public;

(e)

the provision of courses and programmes of learning

including work experience that lead to recognised qualifications

in accordance with the Malta Qualifications Framework in skills

and professions as may be necessary for the disciplined forces;

and

(f)

the carrying out of any other function which is

related to or ancillary to the above and as may be assigned by

the Minister from time to time.

Part III

Composition, Functions and Operations of the Board

and Academic Committee

(1) There shall be a Board to be known as the "Academy Establishment

for Disciplined Forces Board" which shall be the highest governing of the Board.

body of the Academy. The Board shall discharge the functions

conferred to it by this Act and such other functions as may be

prescribed by regulations made under this Act, or by or under any

other law, and for this purpose shall be represented by the

Chairperson who shall act on its behalf.

(2) The Board shall be appointed by the Minister and shall be

composed of nine members as follows

(a)

Chairperson who

shall

have

the

juridical

representation of the Academy;

(b)

a representative from the Armed Forces of Malta;

(c)

a representative from the Police Force;

(d) a representative from the Department of Civil

Protection;

(e)

a representative from the Corradino Correctional

Facility;

(f)

a representative of the University of Malta;

(g) a representative of the Malta College of Arts,

Science and Technology (MCAST); and

(h)

another two members

Provided that, in case of representatives mentioned in

paragraphs (b), (c), (d) and (e), the appointment shall be made

following consultation with the respective heads and in case of

paragraphs (f) and (g), the appointment shall be made upon a

recommendation of the respective head.

(3) One of the Members of the Board shall serve as the Deputy

Chairperson of the Board pursuant to the Minister’s appointment.

When the Chairperson is abroad or for any other reason, for a

temporary period, is unable to perform his functions, the Deputy

Chairperson shall act as Chairperson and shall perform the powers

and duties of the Chairperson.

(4) The members of the Board shall be appointed for a term of

three years, but the members so appointed shall be eligible for re-

appointment on the expiration of their term of office. The members of

the Board shall serve in their personal capacity.

(5) A person shall not be qualified to hold office as a member

of the Board if that person

(a)

is a member of the House of Representatives or of

the European Parliament; or

(b)

is a Judge or Magistrate; or

(c)

is legally interdicted or incapacitated; or

(d) is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained by

theft or fraud, or of bribery or of money laundering, or has

otherwise been sentenced to a term of imprisonment; or

(e)

is subject to disqualification under article 320 of the

Companies Act; or

(f)

has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions as

a member of the Board

Provided

that

the

Minister

may

waive

the

disqualification of a person under this paragraph if such person

declares the interest, and such declaration and waiver are

published in the Gazette.

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

member of the Board shall become vacant -

(a)

on the expiration of the member’s term of office;

(b)

if the member resigns;

(c)

if one of the scenarios mentioned in sub-article (5)

materialises; or

(d) in case of paragraphs (b), (c), (d) and (e) of sub-

article (2), if the member is no longer an active member of the

disciplined force.

(7) A member of the Board may at any time be removed from

office by the Minister who appointed him on the grounds of inability to

perform the functions of his office as required, either because of mental

disorder or physical illness, or for any other reason due to which

member would no longer be fit to occupy such office or due to bad

conduct.

(8) If a member resigns or if the office of a member of the

Board is otherwise vacant or if a member is for any reason unable to

perform the functions of his office, the Minister may appoint a person

who is qualified to be appointed to be a temporary member of the

Board; and any person so appointed shall, subject to the provisions of

sub-articles (5) and (6), 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.

(9) A member of the Board shall be deemed to have resigned

from the Board if he fails to attend three consecutive meetings without

giving a valid reason in writing to the Chairperson.

(1) The Board shall meet at least once a month at the Meetings of the

Board.

place that may be established for such meetings.

(2) The quorum at all meetings of the Board shall be five

including the presiding officer.

(3) Subject to the provisions of this Act, the Board may

regulate its own procedure and may appoint ad hoc committees.

(4) Subject to the foregoing provisions of this article, an act or

proceeding of the Board shall be valid notwithstanding any vacancy

among its members.

(5) The decisions of the Board shall be taken by a majority of

the votes of the members present and voting. In the case of equal

votes the person presiding shall have a casting vote.

(6) There shall be kept the minutes and records of meetings and

decisions.

(1) The functions and duties of the Board shall be to

(a)

develop the direction, strategy and image of the

Academy;

(b) administer and control the resources, facilities and

property, both movable and immovable, of the Academy

including the procurement and utilization of resources for the

running of the Academy;

(c)

assist and advise the Commandant in achieving a

level of excellence in the standards of the Academy’s courses

and programmes;

(d) assist the Director of Studies in ensuring that the

Academy adheres to the requirements of the National

Commission for Higher Education and the Malta Qualifications

Council, as provided in this Act or to any regulation made

thereunder and to national policies and strategies in education

and national security as adopted by Government from time to

time;

(e)

review and approve training programmes, study units

and courses submitted by the Academic Committee for inclusion

or deletion from the Academy’s training and educational

framework;

(f)

determine, in accordance with the requirements of

the Malta Qualifications Framework, the conditions for

admission into a programme or course provided by the

Academy;

(g) provide appropriate procedures for the assessment

and certification of learners;

(h) issue guidelines and establish procedures

concerning the performance and the conduct of students,

educators and other persons entrusted with rendering any

service at the Academy, whether engaged by an indefinite or a

definite contract of service, or by a contract for service, or if

seconded or on loan to the Academy by Government,

disciplined forces, public or private entities;

(i)

issue guidelines to establish rules relating to any

programme or course provided by the Academy;

(j)

ensure that proper academic and training levels are

retained and improved upon;

(k) establish internal quality assurance schemes as

required by this Act or by any regulation made thereunder and

required auditing procedures for the operations of the Academy;

and

(l)

undertake any other function assigned to it by the

Minister from time to time.

(2) The Board shall also approve the curricula and syllabi

submitted by the Academic Committee and, where it deems it so

necessary, to revert the same to such Academic Committee together

with its advice about any proposed amendments.

(3) The Board shall, where appropriate, ensure that the awards

of the Academy are recognised both at a national and at an

international level, and that, wherever applicable, are related to the

standards established in the Malta Qualifications Framework.

(1) The Minister shall appoint an Academic Committee Academic

composed of a Chairperson and four members. The Director of Committee.

Studies shall be ex-officio Chairperson of the Academic Committee.

One member shall be elected from among academic staff at the

Academy, two members appointed from among the members of the

Board and one member appointed by the Minister. There shall be

appointed a Secretary of the Academic Committee.

(2) The Academic Committee shall be responsible for the

general direction of the provision of programmes and courses of the

Academy, and shall have the following functions

(a)

to propose to the Board the programmes and courses

to be provided by the Academy, when the Board deems it

necessary, after commissioning a training needs assessment and

in every case following a consultation with interested

stakeholders, regarding the curricula of such programmes and

courses;

(b) to propose to the Board guidelines regarding

programmes and courses provided by the Academy,

documentation and examinations at the Academy and to

establish such awards and distinctions for such candidates

satisfying the applicable conditions on completion of the

programmes and courses;

(c)

to verify the assessment procedures used by the

Academy are in conformity with the approved academic

policies of the Academy;

(d) to establish, subject to the provisions of this Act and

of any regulations made thereunder, the entry conditions to

programmes and courses of the Academy;

(e)

to nominate Maltese or foreign examiners according

to pre-established guidelines and procedures to the Board for its

approval;

(f)

to recognise, following a recommendation by the

competent authorities, according to the Act, such qualifications,

awards and distinctions of other education providers for the

purpose of access into a programme or course at the Academy;

and

(g) to deal with any other matter which refers to

education and training and as may arise in the administration of

the Academy.

(3) The Academic Committee shall meet at least every four

weeks and the quorum for the meetings shall be of three members.

Part IV

Officers and Employees of the Academy

(1) There shall be a Commandant responsible for the

day-to-day management of the Academy.

(2) The Commandant shall be appointed by the Minister after

consultation with the Board for a term of three years and shall be

eligible for re-appointment.

(3) The Commandant shall provide for the engagement of

academic, clerical and other personnel of the Academy.

(4) The Commandant shall have a right to attend the meetings

of the Board without having a right to vote, provided that he shall

withdraw from each meeting where matters concerning him

personally are discussed.

(5) The Commandant shall represent the Academy in media and

public events.

(1) There shall be a Director of Studies who shall be Director of

responsible for the setting up of courses, curricula and all academic Studies.

aspects of the Academy. Without prejudice to the generality of the

aforesaid, the Director of Studies shall provide information and give

advice to the Board on any matter and perform such other duties as may

be assigned to him from time to time by the Board.

(2) The Director of Studies shall be appointed by the Minister

after consulting the Board under such terms and conditions as the

Minister and the Board may establish. The Director shall hold office

for a period of three years from the 1st January of the year for which

he is appointed and may be re-appointed for other terms.

(3) The Director of Studies shall report to the Board and shall

attend the Board’s meetings whenever academic studies are discussed

or whenever requested to do so.

(4) Without prejudice to article 10 (1), the Director of Studies

shall also develop, organise or facilitate educational and thematic

programmes such as research initiatives and projects, conferences,

seminars, publications and other events, for members of disciplined

forces, international representatives from disciplined forces, academic

students and members of the public. The Director of Studies shall also

seek to develop prospects for national and international cooperation

allowing members of the disciplined forces opportunities for specialist

education and training in key areas locally and abroad.

(5) If the post of Director of Studies becomes vacant during

the term of office on account of death, resignation, or for any other

cause, the Board shall inform the Minister as soon as practicable and

the Minister shall appoint another person to fill the vacancy and the

person so appointed shall remain in office for the remainder of the

term of office of his predecessor

Provided that the Academy, its employees, and the Board

shall continue to act notwithstanding any such vacancy.

(1) There shall be appointed a Registrar who shall Registrar.

perform the functions and duties assigned by the Commandant and

the Academic Committee.

(2) The Registrar shall be responsible for the records and

proper custody of student records and shall decide about the persons

to whom the awards and other distinctions shall be awarded.

(3) The Registrar shall attend meetings of the Board whenever

requested to do so, and shall always attend the meetings of the

Academic Committee.

(1) There shall be an Executive Management

Committee of the Academy which shall be constituted of the

following persons ex-officio

(a)

the Commandant;

(b)

the Director of Studies; and

(c)

the person responsible for the administration of the

Academy.

(2) Without prejudice to the functions and responsibilities of

the members of the Executive Management Committee as provided in

this Act, the Executive Management Committee shall operate under

the direction of the Commandant and shall have the following

functions

(a)

upon consultation with the Academic Committee to

develop and propose periodically to the Board, the development

plan of the Academy;

(b) to ensure proper dialogue and communication with

the Academy;

(c)

to ensure that policies, strategy and decisions

adopted by the Board and by the Academic Committee are

implemented;

(d) to ensure coordination and the effective and efficient

functioning of the structures, departments officers and

employees of the Academy;

(e)

to ensure that all necessary measures are applied,

including disciplinary procedures and the auditing and quality

assurance processes of all operations within the Academy; and

(f)

to perform any other function that may be assigned by

the Board of the Academy.

(1) The Commandant, after consultation with the

Director of Studies, shall provide for the engagement of educators of

the Academy.

(2) The educators shall

(a)

provide high quality training related to the

professional formation and enhancement of skills, attitudes and

practices that will be utilized in the daily professional lives of

the disciplined forces and their contexts taking into account the

diverse contexts that exist;

(b) prepare and provide periodical reports to the

Academy upon the training and formation services provided to

the disciplined forces trainees;

(c)

prepare and provide periodical reports to the

Academy upon the conduct, behaviour and educational and

academic progress and level of the Disciplined Forces trainees;

(d) report any adverse or undesirable conduct and, or

behaviour of the disciplinary forces trainees to the Academy;

(e)

carry out any other function which is related to or

ancillary to the above and as may be assigned by the Academy

from time to time.

Part V

Power to make Regulations

The Minister, upon being so advised by the Board of the Regulations to

Academy, may by regulations prescribe fees to be paid by students prescribe

payment of fees.

who are not members of the disciplined forces for study courses and

training programmes

Provided that the Minister may exempt any person from the

payment of those fees.

The Minister may make regulations to give better effect to Power to make

the provisions of this Act and for the better performance of any of the regulations.

functions under this Act.

Part VI

Repeal

Part VI of the Police Act is hereby repealed, without Repeal of Part

VI of the Police

prejudice to anything done or omitted to be done thereunder.

Act.

Passed by the House of Representatives at Sitting No. 419 of the

18th July, 2016.

Ċ ENSU G ALEA

Deputy Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.26