ACT No. XXXI of 2024 AN ACT to amend various laws relating to regulated professions in the field of social wellbeing.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

30th July, 2024

ACT No. XXXI of 2024

AN ACT to amend various laws relating to regulated professions in

the field of social wellbeing.

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 Various Laws relating to Short title and

commencement.

Social Wellbeing Regulated Professions (Amendment) Act, 2024.

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

responsible for social policy may by notice in the Gazette establish,

and different dates may be so established for different provisions or

purposes of this Act.

PART I

Amendments to the Social Work Profession Act

This Part amends the Social Work Profession Act and it shall Amendments to

be read and construed as one with the Social Work Profession Act, the

Profession Act.

hereinafter in this Part referred to as the "principal Act".

Immediately after article 7 of the principal Act there shall be Addition of new

article to the

principal Act.

added the following new article

(1) There shall be an Appeals Committee for the

social work profession which shall be appointed by the

Minister and shall be composed of the following members

(a) an advocate who has practised his

profession for at least five (5) years; and

(b) two (2) registered social workers who

have practised their profession for at least five (5)

years.

The Chairperson is to be appointed from amongst these

three (3) members.

(2) All members of the Appeals Committee shall be

appointed for a term of three (3) years and may be

appointed for a maximum of two (2) terms in total.

(3) The Appeals Committee shall have the following

functions

(a) upon the submission of an application to

this effect by the person concerned, to hear and

decide upon a decision of the Board whereby the

granting of a warrant is refused;

(b) upon the submission of an application to

this effect by the person concerned who feels

aggrieved by any default of the Board, to decide upon

an application for a warrant within four (4) months

from when an application for a warrant is submitted

to the Board; and

(c) to hear and decide appeals from any other

decision of the Board.

(4) An appeal to the Appeals Committee shall be filed

within the peremptory term of twenty (20) days from such

decision in the case of an appeal in accordance with sub-

article (3)(a) and (c).

(5) The Appeals Committee shall regulate its own

procedure.

(6) In the exercise of its functions in accordance with

this article, the Appeals Committee may appoint experts to

relate on any matter before it.

(7) The Appeals Committee shall have the power to

confirm, cancel or revoke with or without conditions, and

to refer back to the Board or to substitute any decision upon

any appeal in terms of sub-article (3)(a) and (c).

(8)

The Appeals Committee shall order the Board to

determine such application within such time as it may

consider reasonable, and failing which it shall proceed to

decide the application itself, and in any case shall refer its

decision back to the Board and prepare a report of its

findings to the Minister.".

PART II

Amendments to the Psychology Profession Act

4. This Part amends the Psychology Profession Act and it shall be Amendments to

read and construed as one with the Psychology Profession Act, the

Profession Act.

hereinafter in this Part referred to as the "principal Act".

5. Sub-article (3) of article 3 of the principal Act shall be Amendment of

article 3 of the

amended as follows

principal Act.

(a) in paragraph (c) thereof, the words "or of another

professional qualification as the Board may deem equivalent"

shall be substituted by the words "or any other professional

qualification as the Board may from time to time prescribe, or a

comparable degree which according to the Board satisfies the

requirements of Directive 2005/36/EC of the European

Parliament and of the Council of 7 September 2005 on the

recognition of professional qualifications and of the Mutual Cap. 451.

Recognition of Qualifications Act with respect to the recognition

of qualifications from a university of established standing

outside Malta"; and

(b) in paragraph (d) thereof, the words "or its equivalent

in part-time" shall be substituted by the words "or of at least

three thousand, seven hundred, seventy (3,770) hours, of which

one thousand, eight hundred and eighty-five (1,885) hours shall

involve direct contact,".

6. Immediately after article 8 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

" Appeals

(1) There shall be an Appeals Committee for the

Committee.

psychology profession which shall be appointed by the

Minister and shall be composed of the following members

(a) an advocate who has practised his

profession for at least five (5) years; and

(b) two (2) registered psychologists who

have practised their profession for at least five (5)

years.

The Chairperson shall be appointed by the Minister

from amongst these three (3) members.

(2) All members of the Appeals Committee shall be

appointed for a term of three (3) years and may be

appointed for a maximum of two (2) terms in total.

(3) The Appeals Committee shall have the following

functions

(a) upon the submission to this effect by the

person concerned, to hear and decide upon a decision

of the Board whereby the granting of a warrant is

refused;

(b) upon the submission to this effect by the

person concerned who feels aggrieved by any default

of the Board, to decide upon an application for a

warrant within four (4) months from when an

application for a warrant is submitted to the Board;

and

(c) to hear and decide upon any other

decision of the Board.

(4) An appeal to the Appeals Committee shall be filed

within the peremptory term of twenty (20) days from such

decision in the case of an appeal in accordance with sub-

article (3)(a) and (c).

(5) The Appeals Committee shall regulate its own

procedure.

(6) In the exercise of its functions in accordance with

this article, the Appeals Committee may appoint experts to

relate on any matter before it.

(7) The Appeals Committee shall have the power to

confirm, cancel or revoke with or without conditions, and

to refer back to the Board or to substitute any decision upon

any appeal in terms of sub-article (3)(a) and (c).

(8) The Appeals Committee shall order the Board to

determine such application within such time as it may

consider reasonable, and failing which it shall proceed to

decide the application itself, and in any case shall refer its

decision back to the Board and prepare a report of its

findings to the Minister.".

PART III

Amendments to the Counselling Profession Act

7. This Part amends the Counselling Profession Act and it shall be

read and construed as one with the Counselling Profession Act,

hereinafter in this Part referred to as the "principal Act".

8. Immediately after article 7 of the principal Act there shall be Addition of new

added the following new article

7A. (1) There shall be an Appeals Committee for the

counselling profession which shall be appointed by the

Minister and shall be composed of the following members

(a) an advocate who has practised his

profession for at least five (5) years; and

(b) two (2) registered counsellors who have

practised their profession for at least five (5) years.

The Chairperson is to be appointed by the Minister

from amongst these three (3) members.

(2) All members of the Appeals Committee shall be

appointed for a term of three (3) years and may be

appointed for a maximum of two (2) terms in total.

(3) The Appeals Committee shall have the following

functions

(a) upon the submission of an application to

this effect by the person concerned, to hear and

decide upon a decision of the Board whereby the

granting of a warrant is refused;

(b) upon the submission of an application to

this effect by the person concerned who feels

aggrieved by any default of the Board, to decide upon

an application for a warrant within four (4) months

from when an application for a warrant is submitted

to the Board; and

(c) to hear and decide upon any other

decision of the Board.

(4) An appeal to the Appeals Committee shall be filed

within the peremptory term of twenty (20) days from such

decision in the case of an appeal in accordance with sub-

article (3)(a) and (c).

(5) The Appeals Committee shall regulate its own

procedure.

(6) In the exercise of its functions in accordance with

this article, the Appeals Committee may appoint experts to

relate on any matter before it.

(7) The Appeals Committee shall have the power to

confirm, cancel or revoke with or without conditions, and

to refer back to the Board or to substitute any decision upon

any appeal in terms of sub-article (3)(a) and (c).

(8) The Appeals Committee shall order the Board to

determine such application within such time as it may

consider reasonable, and failing which it shall proceed to

decide the application itself, and in any case shall refer its

decision back to the Board and prepare a report of its

findings to the Minister.".

Passed by the House of Representatives at Sitting No. 258 of the

15th July, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.72