SOCIAL WORK PROFESSION ACT

CHAPTER 468

SOCIAL WORK PROFESSION ACT

To make provision for the regulation of the social work profession and to

provide for matters connected therewith or ancillary thereto.

1st June, 2004

ACT XVII of 2003 , as amended by Legal Notice 427 of 2007 ; and

Acts XXIX of 2016 , XXI of 2020 and XV and XXXI of 2024 .

The short title of this Act is the Social Work Profession

Act.

In this Act, unless the context otherwise requires

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

exercise the profession of social work in Malta under the

supervision of a registered social worker, which period may include

the provision of such further training to such person, as may be

required by the Board, at the end of which an assessment shall be

carried out;

' ' B o a r d' ' m e a n s t h e M a l t a S o c i a l Wo r k P r o f e s s i o n B o a r d

established by article 4;

''evidence of formal qualifications'' shall have the same meaning

as assigned to it by the Recognition of Professional Qualifications

Regulations;

''higher education qualification'' shall have the same meaning

assigned to it by the Mutual Recognition of Higher Education

Qualifications in the European Region Regulations;

''Minister'' means the Minister responsible for social welfare;

''practise'' in relation to the profession of social work, includes

(a) the taking up or pursuit of the profession of social

work; and

(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;

''prescribed'' means prescribed by regulations made by the

Minister under this Act;

''proficiency test'' means a test having the aim of assessing a

person’s ability to pursue the profession of social work in Malta, as

may be required by the Board in accordance with the provisions of

this Act;

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

Social Work issued by the University of Malta or issued by the Malta

C o l l e g e o f A r t s , S c i e n c e a n d Te c h n o l o g y o r t h e f o r m a l

acknowledgment by the Board of the value of a 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;

''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;

''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;

''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;

''warrant'' means a warrant, issued under article 6.

(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"..

(2) The warrant under subarticle (1) shall not entitle the holder

thereof to exercise the profession in such areas of specialised social

work as may be prescribed by the Minister as requiring additional

qualifications and, or, training, unless the warrant so specifies.

(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 or of the

Malta College of Arts, Science and Technology 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..

(4) The Minister may prescribe, in place of any of the

minimum requirements established under the foregoing provisions

of this article, other minimum requirements in terms of any

international or multinational treaty or agreement entered into by

Malta or with the provisions of any legislation the binding force of

which derives from any such treaty or agreement.

(5) Without prejudice to any provision made by or under the

Mutual Recognition of Qualifications Act, where the duration of a

course leading to the professional qualification possessed by an

applicant is less than the duration for the course leading to the

Degree conferred by the University of Malta or by the Malta College

of Arts, Science and Technology or when the experience referred to in

subarticle (3)(d) is less than two years, 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.

(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 by the Malta College of Arts, Science and

Technology or where the applicant does not satisfy the requirements

mentio ned in sub-article ( 4)(b), the Board may r equire t he

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.

(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.

(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).

(1) There shall be a Board to be known as the Malta Social

Work Profession Board which shall consist of nine (9) members as

follows

(a) five (5) members appointed by the Minister following

consultation with any association, if any, registered

with the Board in accordance with the provisions of

this Act, of whom

(i)

one shall be a chairperson who shall be of

recognised standing in the social work

profession having at least six years experience

in social work practice or social policy;

(ii) one social worker who performs social work

duties within the public sector;

(iii) one social worker who performs social work

duties within a non-governmental social welfare

organisation; and

(iv) one person who shall be an advocate with at least

five (5) years experience; and

(v) a registered social worker chosen by the

Minister from amongst a list of persons

nominated for such purpose by the registered

social workers or the associations working in the

field of social work in Malta

Provided that in case no person is nominated by the

registered social workers or the associations

working in the field of social work in Malta, the

Minister shall make the appointment from amongst

registered social workers;

(b)

(i) two members nominated by such associations

registered with the Board if any, in accordance

with the provisions of this Act and appointed by

the Minister;

(ii) one social worker nominated by and from

amongst the permanent academic staff

responsible for social work and social policy

education and training at the University of Malta;

and

(iii) one (1) social worker nominated by, and from

amongst the permanent academic staff responsible

for social work and social policy, education and

training at the Malta College of Arts, Science and

Technology

Provided that in relation to the first appointments

under this article, ''social worker'' means any person

who is qualified to be registered under this Act

Provided further that for the purpose of paragraphs

(a) and (b), the associations to be consulted or to make

the nominations in relation to the first appointment

shall be any association that has the qualifications to

be eventually registered under this Act.

(2) The nominations made in terms of subarticle (1)(b)(i) and

(ii) shall, for the first time be made within two weeks from a

request in writing made therefor by the Minister, and for any

subsequent nomination, within one month from the occurrence of

any vacancy or when the vacancy arises due to the expiry of the

term of office within one month prior to the said expiry. In the

absence of any such nomination, the Minister shall make the

appointment from amongst social workers.

(3) Members of the Board shall hold office for a term of two

years

Provided that the term of office for the first members of the

Board appointed under subarticle (1)(a)(i), (ii) and (iii), shall be of

three years and the second or any subsequent appointment made on

the lapse of this initial term shall be for a term of two years.

(4) Members of the Board shall, on the expiration of their term

of office, be eligible to be reappointed, but they may not serve the

Board for more than three consecutive terms.

(5) In the event that any Board member vacates his office

before completing the appointed term, the person appointed in his

stead shall be appointed for the unexpired period of the original

appointment.

(6) The number of members necessary to form a quorum shall

be four, but subject to the presence of a quorum, the Board may act

notwithstanding any vacancy among its members.

(7) The Minister shall designate a public officer to act as

secretary to the Board, but such secretary shall not have a vote.

(8) The chairperson of the Board shall have both an original

vote and, in the case of a tie, a casting vote.

(9) Save as aforesaid and as may be prescribed, the Board may

make its own rules and otherwise regulate its own procedures.

(10) The meetings of the Board shall be summoned by the

Chairperson and the Board shall meet as often as may be necessary

but at least once every three months.

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

may consult with such persons as it may deem appropriate. For

such purpose, the Board may invite any such person to attend

meetings of the Board.

(12) The Board shall keep a true and correct record of all its

SOCIAL WORK PROFESSION

p r o ce e d i n g s a n d t h e B o a r d s h a l l g i v e t o t h e M i n i s t e r su c h

information as he may require.

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

purpose of the Board is to regulate the practice and the eligibility to

practise the profession of social work in Malta, and in particular

(a) establish and, where necessary, assess existing social

work standards and develop new continuing social

work professional development and other standards,

and recommend to the Minister in relation to initial

and continuing social work education, proficiency,

experience and other qualifications required for

holding a warrant under this Act;

(b) consider, process and decide on applications for

equivalence and recognition of qualifications in social

work;

(c) examine applications for a warrant to practise the

profession of social work in Malta and decide on the award

or refusal thereof;

(d) keep an official register of all registered social

workers;

(e) keep an official register of all unwarranted social

workers;

(f)

keep an official register of all partnerships of social

workers;

(g) keep such information as may be required in relation

to associations representing social workers in Malta,

registered under the provisions of this Act;

(h) make recommendations to the Minister on the definition of

specialised social work practice and the qualifications

necessary to practise in specialised social work;

(i)

make recommendations to the Minister on the code of

ethics to be prescribed for the professional behaviour

of social workers; such recommendations shall be

made following consultation with the associations

registered under the provisions of this Act;

(j)

inquire into any allegation of professional misconduct,

gross negligence or incompetence by a social worker;

(k) advise, or make recommendations or otherwise

express its views to the Minister on any matter on

which the Minister is to consult with the Board or on

which the Board is to make recommendations to the

Minister or on which the opinion or recommendation

of the Board is sought by the Minister;

(l)

perform such other functions as may arise from this

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

Minister.

(2)

The Board shall, not later than three months after the end of

each year, publish in the Gazette, a list of persons who on the 31st

December of the said year, were registered in the official register of

social workers, and a list of partnerships registered in the official

register of partnerships of social workers.

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

concerning its general operations.

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

profession of social work in Malta shall make an application to the

Board.

(2) If the Board is satisfied that the applicant satisfies the

minimum requirements established under this Act, it shall issue a

warrant.

(3) Where, following an adaptation period where necessary, the

Board is satisfied that the applicant has successfully completed his

training, the Board shall make a recommendation to the Minister

for the issue of a warrant.

(4) For the purpose of establishing whether an applicant has

successfully completed his training as aforesaid, the Board may

submit the applicant to a proficiency test under the provisions of

this Act.

(5) A warrant issued by the Board under this Act may be issued

subject to such limitations or conditions as it may recommend in any

particular case. Such warrant may include such special conditions and

such authorisation to practise in specialised social work and for such

specific periods as the Board may recommend in accordance with the

provisions of this Act and any regulations made thereunder.

(6) In the consideration of an application by any person or by a

warrant holder for the practice of the profession in specialised

social work, the Board may direct that such person shall, in

addition to the submission of such qualifications as may be

prescribed, undertake and successfully complete such training or

adaptation period as the Board may indicate.

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

e ff e c t p r o v i d e d t h a t t h e w a r r a n t h o l d e r s h a l l p r o v e t o t h e

satisfaction of the Board that he has carried out such programme or

programmes of continuing professional development as may be

prescribed

Provided that when the warrant holder fails to prove to the

satisfaction of the Board that he has carried out such programme or

programmes of continuing professional development, his warrant

shall be considered suspended until such time as he proves to the

satisfaction of the Board that he meets the requirements that may be

prescribed.

The Board shall decide on an application for a warrant to

practice the profession of social work as soon as is reasonably

practicable but in no case later than four months from the receipt of the

application together with all the relevant information and documentation

in support of the application. The Board shall immediately notify the

applicant of its decision.

(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.

(1) A person shall not be qualified to obtain or retain a

warrant in terms of this Act if he has been convicted by any

competent court for any crime liable to imprisonment for a term

exceeding one year.

(2) Where a person loses his warrant following a conviction as is

referred to in the preceding sub-article, notice of such loss shall be given

by the Board in the Gazette and shall be communicated by the Board

to the person disqualified unless the person has been interdicted by

the judgement itself.

(3) The Board may, at any time, reinstate a person who has lost

his warrant or grant a warrant to a person who is disqualified in

terms of subarticle (1).

(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.

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

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

following

(a) obtaining a warrant in a deceitful or fraudulent

manner;

(b) contravention against the Code of Ethics established

under this Act;

(c) failure to comply with regulations with respect to

professional standards or practice;

(d) failure to comply with any condition attached to the

warrant issued under this Act;

(e) use of therapeutic interventions or assumption of

professional competence for which the person is not

qualified or the person concerned is not authorised to

practise in terms of his warrant;

(f)

acting in a manner which may be detrimental to the

social work profession;

(g) displaying lack of knowledge, skill or judgement in the

practice of the profession of social work or in carrying

out of a duty or obligation undertaken in the practice

of social work.

(3) Any registered social worker, or social worker, as the case

may be, who is the subject of any inquiry carried out by the Board

shall be given all the opportunity to make his defence and bring any

evidence in his favour and for such purpose he may be represented

by a lawyer or by any other person of his choice.

(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,

g r o s s n e g l i g e n c e o r i n c o m p e t e n c e . I n t h e a ff i r m a t i v e , t h e

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.

(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 that person by registered

post.

(2) The Minister responsible for justice may make regulations

prescribing the fees that shall be payable in the Registry of the

Court in connection with appeals under this article

Provided that until such time as fees are so prescribed by

the Minister responsible for Justice, the fees payable with respect

to appeals to that Court shall be the fees applicable to the Court of

Magistrates (Malta).

(3) The Board established under article 29 of the Code of

Organization and Civil Procedure shall make rules establishing the

form of such appeals and any other matters related thereto.

The Board may, upon application to this effect, remove

such suspension or cancellation, if the applicant meets such

requirements that may be prescribed. Where the warrant of the

registered social worker has been reinstated such social worker is

to be again registered in the official register.

(1) Any association of social workers may make an

application to the Board to be registered as an association of

registered social workers for the purposes of this Act.

(2) An association shall be qualified to be registered under this

article if it proves to the Board that it has a membership of at least

ten registered social workers and that it conforms with such other

conditions as may be prescribed. An association shall submit

together with the application a list of members and such other

information as the Board may require to process the application.

(3) The Board shall have the power to require any association

registered under this article to produce such records and

information regarding the association and its members as the Board

may reasonably require from time to time.

(1) Two or more warrant holders may form a civil

partnership, in this Act referred to as a ''partnership of registered

social workers'', having for its exclusive object the practice of the

profession of social work and such powers as are necessary for the

attainment of the objects of the partnership.

(2) No person other than a warrant holder may be a partner in a

partnership of registered social workers.

(3) Any such partnership shall, when duly formed according to

law and on payment of the prescribed fee be registered with the

Board, and upon registration the partners shall, for as long as it is

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

partnership which shall be entitled to the designation ''Registered

Social Workers'' as part of its name.

(4) Every such partnership shall give to the Board such

information as the Board may reasonably require or as may be

prescribed, and shall give notice to the Board of any relevant

changes in any information previously given to the Board within

fifteen days after the date on which the change occurs.

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

other agreement to the contrary, the following provisions shall

apply to a partnership of social workers under this Act

(a) the partners shall be jointly and severally responsible

for the actions and omissions of each and every one of

them in the performance of their professional duties,

the maintenance of the required professional standard

and conduct and generally in the fulfilment of their

obligations under this Act or any other applicable law,

and shall also be jointly and severally liable for any

loss or damage resulting therefrom;

(b) any act or thing that may be done by a warrant holder

may be done by one or more of the partners in the

name of the partnership; and any act or thing done in

the name of the partnership shall be done by one or

more of the partners;

(c) the responsibilities and liabilities for anything done or

omitted to be done during the period in which a person

was a partner in a partnership of social workers shall

not cease, in respect of such person, by his retirement,

death or other cause by which he ceases to be a

partner.

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

partner shall exercise the profession of social work in a specialised

area if he is not so entitled by virtue of his warrant unless he is

acting under the supervision of a partner who is in possession of a

warrant that entitles him to perform social work in such specialised

area.

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

partnerships of social workers as they apply to social workers

mutatis mutandis.

For the avoidance of any doubt, every 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.

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

or registering a partnership of registered social workers under the

provisions of this Act, gives any wrong information or otherwise

acts in a deceitful or fraudulent manner shall be guilty of an offence

and shall, on conviction, be liable to a fine (multa) not exceeding

two thousand and three hundred and twenty-nine euro and thirty-

seven cents (2,329.37) or to imprisonment not exceeding twelve

months or to both such fine and imprisonment.

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

this Act against this article shall be liable on conviction to a fine

(multa) not exceeding one thousand and one hundred and sixty-four

euro and sixty-nine cents (1,164.69) or to three months

imprisonment or to both such fine and imprisonment, and in the

case of a continuing offence to a fine (multa) of eleven euro and

sixty-five cents (11.65) for each day during which the offence

continues, subject to a maximum of four thousand and six hundred

and fifty-eight euro and seventy-five cents (4,658.75).

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

under this Act, practises the profession of social work or assumes

the designation of, or purports to be, a registered social worker or

carries out any social work in contravention of the provisions of

this Act, shall be guilty of an offence against this article.

(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.

(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.

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

to be in contravention of the provisions of this Act if such person is

performing social work during an adaptation period or when in

training in accordance with the provisions of this Act, in any case

under the appropriate supervision of a registered social worker and

subject to such regulations as may be prescribed.

(7) Subject to the provisions of the immediately preceding

subarticle, no person or any other organisation shall employ any

person other than a registered social worker for the purpose of

practising social work.

(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.

Where, following an inquiry under the provisions of article

9, the Board finds a registered social worker or social worker, as

the case may be, guilty of any breach of professional conduct or the

Code of Ethics, the Board may impose such penalties as the

Minister may prescribe.

The Minister may, after consultation with the Board, make

regulations not inconsistent with the provisions of this Act, to give

better effect to any of such provisions and generally to regulate the

social work profession, and, without prejudice to the generality of

the foregoing, such regulations may in particular include provisions

with respect to -

(a) the establishment of social work practice, standards,

procedures and other duties and practices to be

followed by social workers, either generally or in

particular fields of activity;

(b) the professional conduct and code of ethics of social

workers and the standards of competency and integrity

to be kept by the profession;

SOCIAL WORK PROFESSION

(c) the requirements in relation to continuing professional

development for the maintenance of a warrant;

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

which can be rendered in terms of a warrant, and the

terms and conditions which can be attached to such

warrant, and the additional qualifications necessary for

warrants providing for the practice of the profession of

social work in specialised practice;

(e) the fees that may be charged by the Board in

connection with the application for the issue of a

warrant, for the making of any registration under this

Act, and for any other operations that may be carried

out by the Board in accordance with the provisions of

this Act;

(f)

the fees that may be charged by social workers for

their professional services;

(g) the procedures to be followed in cases of professional

misconduct;

(h) any other procedures that may be adopted by the

Board;

(i)

any matter which is required or is authorised by this

Act to be prescribed;

(j) the punishments, penalties and other consequences and

effects to which a person may become liable or which

may take place in the event of any contravention of, or

non-compliance with, any provision of any regulation

under this article; sohowever that no punishment so

prescribed shall exceed a fine (multa) of one thousand

and one hundred and sixty-four euro and sixty-nine

cents (1,164.69), or imprisonment for a term of three

months, or both such fine and imprisonment, and, in

the case of a continuing offence, to a fine (multa) of

eleven euro and sixty-five cents (11.65) for each day

during which the offence continues, subject to a

maximum of four thousand and six hundred and fifty-

eight euro and seventy-five cents (4,658.75);

(k) the administrative penalties that may be imposed by

the Board, which shall not exceed one thousand and

one hundred and sixty-four euro and sixty-nine cents

(1,164.69).

(1) Any person who on the coming into force of this Act is

in possession of a Diploma in Applied Social Studies with an

option in Social Work or a Diploma in Social Work issued by the

University of Malta prior to December 2002, or any other

professional qualification in social work issued prior to December

2002 deemed by the Board to be equivalent to any of the aforesaid

diplomas shall be deemed to have satisfied the provisions of article

(2) For the purposes of article 4(b), any experience gained by

any person who has obtained the qualification referred to in article

4(a), between the date of such qualification and the coming into

force of this Act shall be deemed to have been undertaken under the

supervision of a registered social worker.

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

person who satisfies the Board that he has pursued social work on a

professional basis as his main occupation for at least ten years

immediately prior to the coming into force of this Act shall be

deemed to satisfy the requirements of article 4(a) and (b).

(4) The provisions of subarticle (3) shall only apply in relation

to a person who applies for a warrant under this Act within one year

from its coming into force and who successfully undertakes a

proficiency test set by the Board within six months from the date of

such application.