YOUTH WORK PROFESSION ACT

CHAPTER 533

YOUTH WORK PROFESSION ACT

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

provide for matters connected therewith or ancillary thereto.

30th June, 2015

ACT XX of 2014 , as amended by Acts XXXIV of 2016 and XXXI of

2023.

The short title of this Act is the Youth 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 youth work in Malta under the

supervision of a registered youth 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;

"the Board" means the Youth Work Profession Board established

by article 4;

"the Minister" means the Minister responsible for Youth;

"to practice", in relation to the profession of youth work,

includes

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

work; and

(b) the use, in the course of such pursuit, of the

professional title of "Registered Youth Worker" or the

designatory letters "RYWrkr";

"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 youth work in Malta, as

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

this Act;

"recognised honours degree" means such honours degree in

youth and community studies as may be prescribed for the purpose

of article 3(3)(e);

"registered youth worker" or "youth worker" means a person who

is registered in the official register of youth workers kept by the

Board and who has been granted a warrant to practice the

profession of youth worker, in accordance with article 6;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established by article 5(1) of the Administrative Justice Act;

"warrant" means a warrant issued under article 6;

"youth work" in Malta is a non-formal learning activity aimed at

the personal, social and political development of young people.

Youth workers engage with young people within their

communities, including the voluntary sector and support them in

realising their potential and address life’s challenges critically and

creatively to bring about social change.

Youth work takes into account all strands of diversity and

focuses on all young people between thirteen (13) to thirty (30)

years of age.

(1) No person shall hold himself out to be a professional

youth worker or exercise the profession of a youth worker against

remuneration or otherwise or hold himself to be professionally

qualified to do so or assume the title or designation of a registered

professional youth worker unless he is the holder of a warrant

issued under this Act.

(2) The warrant under sub-article (1) shall not entitle the holder

thereof to exercise the profession of youth work in such areas of

specialised youth 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 made by or under the

Mutual Recognition of Qualifications Act, a person shall not

qualify for a warrant unless such person

(a) is a citizen of Malta, or of a Member State or is

otherwise legally entitled or authorised to work in

Malta;

(b) is of good conduct;

(c) is registered in the Register of Youth Workers referred

to in article 5(1)(d);

(d) is not registered in the Register established under the

Protection of Minors (Registration) Act;

(e) is in possession of the Honours Degree in Youth and

Community Studies conferred by the University of

Malta or a Masters in Youth and Community Studies

conferred by the University of Malta as from academic

year 2011/2012 or a Masters in Youth Ministry

conferred by the University of Malta, or of another

professional qualification recognised as equivalent for

the purpose by a Member State, obtained from a

university or college

Provided that in respect of applicants coming from

third countries whose qualifications have not been

recognised in a Member State, the Board may, in

respect of such qualifications, require the applicant to

sit for and pass a professional proficiency test;

(f)

satisfies the Board that he has received adequate

experience in the practice of the profession of youth

worker for an aggregate period of at least two years

full-time or its equivalent on a part-time basis

following the completion of such degree or such other

professional qualification.

(4)

The Minister may prescribe, together with 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 of the course leading to the

Degree conferred by the University of Malta or when the

experience referred to in sub-article (3)(f) 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.

(1) There shall be a Youth Work Profession Board which

shall consist of seven members

(a) four appointed by the Minister as follows

(i) one shall be a chairperson who shall be of

recognised standing in youth work;

(ii) two members who have a background in youth

work, the youth work profession, or any other

background which may contribute towards the

furtherance of the profession of youth work; and

(iii) one member nominated from the National Youth

Council;

(b) two members nominated by

such

associations

registered with the Board; and

(c) one member nominated from amongst the permanent

academic staff responsible for education and training

relating to youth work at the University of Malta

(2) The nominations made in terms of paragraph (b) 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

m o nt h p r i or t o t h e sa i d e x pi r y. I n t h e a bs e n c e o f a n y s u c h

nomination, the Minister shall make the appointment from amongst

youth 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 sub-article (1)(a), (b) and (c) 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 re-appointed, 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 remaining period of the original

appointment.

(6) The number of members attending a meeting, 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

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 shall regulate the practice and the eligibility

to practice the profession of youth work in Malta, and in particular

to

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

work standards and develop new continuing youth

work professional development and other standards,

and recommend to the Minister in relation to initial

and continuing youth work education, proficiency,

experience and other qualifications required for

holding a warrant under this Act;

(b) consider, process and make recommendations to the

Minister with regard to applications for equivalence

and recognition of qualifications in youth work;

(c) examine applications for a warrant to practice the

profession of youth work in Malta and make

recommendations to the Minister on the award or

refusal thereof;

(d) keep an official register of all registered youth

workers;

(e) keep an official register of all associations and

partnerships of youth workers;

(f)

keep such information as may be required in relation

to associations representing youth workers in Malta,

registered under the provisions of this Act;

(g) make recommendations to the Minister on the Code of

Ethics to be prescribed for the professional behaviour

of youth workers, following consultation with the

associations and partnerships registered under the

provisions of this Act;

(h) inquire into any allegation of professional misconduct,

gross negligence or incompetence by a youth worker;

(i)

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;

(j)

make recommendations to the Minister to prescribe in

relation to the employment of persons who are in

possession of a recognised honours degree or its

equivalent but who do not qualify for a warrant under

this Act, and who are working under the supervision of

a registered youth worker in such establishments or

agencies as may be prescribed;

(k) 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

youth workers, and a list of associations and partnerships registered

in the official register of associations and partnerships of youth

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 practice the

profession of youth 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 make a

recommendation to the Minister for the issue of 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 Minister under this Act may be

issued subject to such limitations or conditions as the Board may

recommend in any particular case. Such warrant may include the

area of specialised youth work in which the warrant holder may

practice and may include such special conditions 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 a specialisation

of youth 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 a warrant holder fails to prove to the

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

programmes of continuing professional development, the warrant

of the warrant holder 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 consider and make its recommendations on

an application for a warrant to practice the profession of youth

worker 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. On making its recommendations to the Minister, the

Board shall concurrently notify the applicant of its

recommendations, together with the reasons upon which these were

based.

(1) It shall be the responsibility of every youth worker,

except those employed on an exclusive basis by a Government

Department or Agency, or other entity in the youth field to be

adequately insured against all risks of professional liability during

the time he is exercising his profession. The insurance company

providing such insurance shall each year issue a certificate to the

youth worker attesting that he is covered in terms of this sub-

article.

(2) A youth worker may apply to the Board to exempt him from

the provisions of sub-article (1) for any particular calendar year.

(3) The Minister may, after consulting the Board, make

regulations -

(a) to specify the criteria which insurance companies shall

take into account when providing the cover referred to

in sub-article (1), and

(b) to indicate the cases where and the conditions under

which the Board may exempt youth workers from the

provisions of sub-article (1).

(4) A warrant holder shall not practice the profession of youth

work in terms of this Act unless he has submitted to the Board

proof that he has adequate insurance cover for professional liability

or that he is otherwise exempt from such an obligation in

accordance with the provisions of this article.

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

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 Minister 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 Minister may, at any time, on the recommendation of

the Board, reinstate a person who has lost his warrant or grant a

warrant to a person who is disqualified in terms of sub-article (1).

(1) The Board shall inquire into any alleged professional

misconduct, gross negligence or incompetence in relation to a

youth worker.

(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) 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

youth work profession;

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

practice of the profession of youth work or in the

carrying out of a duty or obligation undertaken in the

practice of youth work.

(3) Any youth worker who is the subject of any inquiry carried

out by the Board shall be given 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 finalising the inquiry, the Board shall -

(a) if it finds in favour of the youth worker, dismiss the

case; or

(b) if it finds the youth worker guilty of the alleged

professional misconduct, gross negligence or

incompetence, make a report of its findings and submit

it to the Minister together with its recommendation for

the imposition of any of the following penalties

(i)

suspension or cancellation of the warrant,

subject to such conditions as may be

recommended;

(ii) suspension or cancellation of the registration of

a partnership or association of youth workers;

(iii) imposition of conditions to be attached to a

warrant;

(iv) reprimand;

(v) payment to cover the costs of the inquiry;

(vi) order the waiver, reduction or refund of any fees

charged for services rendered; or

(vii)

any other penalty as may be prescribed.

(5) On the cancellation of the warrant of a youth worker the

Board shall strike off the name of such person from the official

register of youth workers.

(6) For the purposes of this article, the members of the Board

shall have the powers that are or may be conferred under the

Inquiries Act, and shall conduct their inquiry as provided for in the

same Act.

(1) Decisions of the Board shall be subject to appeal

before the Administrative Review Tribunal established by article

5(1) of the Administrative Justice Act.

(2) When any person is dissatisfied with any decision of the

Board taken in his regard, he may appeal to the said Tribunal

against such decision not later than twenty days of service upon

him of the Board’s decision.

(3) The Administrative Review Tribunal may, in its

determination on any appeal entered in accordance with sub-article

(1), confirm, reverse or vary, in whole or in part, the original

decision.

The Minister may, on the recommendation of the Board,

and upon an application to this effect, remove such suspension or

cancellation, if the applicant meets such requirements that may be

prescribed. Where the warrant of the youth worker has been

reinstated, such youth worker shall be registered in the official

register.

(1) Any association of youth workers may make an

application to the Board to be registered as an association of youth

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 youth 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 youth

workers", having for its exclusive object the practice of the

profession of youth 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 youth 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 "youth

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 youth 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 standards

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 youth 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 youth work in a specialised

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

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

warrant that entitles him to perform the youth work profession in

such specialised area.

The provisions of articles 10, 11 and 12 shall, mutatis

mutandis, apply to partnerships of youth workers as they apply to

youth workers.

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

warrant or registering a partnership of youth workers under the

provisions of this Act, knowingly gives any false 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 four hundred euro (€2,400) 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 against

t his A ct sh all be l iable on conv icti on to a f ine (mu lta ) n ot

exceeding one thousand and two hundred euro (€1,200) 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 twelve euro

(€12) for each day during which the offence continues, subject to a

maximum of five thousand euro (€5,000).

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

under this Act, practices the profession of youth work or assumes

the designation of, or purports to be, a youth worker or carries out

any youth work practice in contravention of the provisions of this

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

(4) Any person who, being the holder of a warrant issued under

this Act, fails to be adequately insured in contravention of the

provisions of this Act, shall be guilty of an offence against this

article.

(5) Any person who uses the words "Youth Worker" in relation

to a partnership of youth 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 an association or a partnership of youth workers

registered as aforesaid shall be guilty of an offence against this Act.

(6) 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

"youth worker", "registered youth worker" in relation to a name, or

"partnership of youth workers" in relation to a partnership, or

"association of youth workers" in relation to an association, shall

be sufficient evidence that such titles are used, unless such person/

persons prove that the use of such words was made without their

knowledge and that upon becoming aware of the use they took

adequate steps to stop it.

(7) 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

practicing youth work during an adaptation period or when in

training, in any case under the appropriate supervision of a

registered youth worker and subject to such regulations as may be

prescribed.

(8) 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

practicing youth work on behalf of any existing association or

voluntary organisation established before the coming into force of

this Act and includes any religious, catechetical, charitable and

socio-cultural association or voluntary organisation as may be

prescribed by the Minister from time to time.

(9) Subject to the provisions of sub-article (7), no person or

any other organisation shall employ any person other than a

registered youth worker for the purpose of practicing youth work.

(10) 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

10, the Board finds a youth worker guilty of any breach of

professional conduct or of the Code of Ethics, the Board may

impose such penalties as the Minister may prescribe.

The Minister may make regulations, which shall be

consistent with the provisions of this Act, to give better effect to

any of such provisions and generally to regulate the youth work

pr o f e s s i o n, a nd , w i th o u t p r e j u d ic e t o t h e g e n e r a l it y of t h e

foregoing, such regulations may in particular include provisions

with respect to -

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

procedures and other duties and practices to be

followed by youth workers, either generally or in

particular fields of activity;

(b) the professional conduct and Code of Ethics of youth

workers and the standards of competency and integrity

to be kept by the 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

youth 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 youth workers for their

professional services;

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

misconduct;

(h) the employment of persons who are in possession of a

recognised honours degree or its equivalent but who

do not qualify for a warrant under this Act, and who

are working under the supervision of a registered

youth worker in such establishments or agencies as

may be prescribed;

(i)

any other procedures that may be adopted by the

Board;

(j)

any matter which is required or is authorised by this

Act to be prescribed;

(k) 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; so however that no punishment so

prescribed shall exceed a fine of one thousand two

hundred euro (€1,200), or imprisonment for a term of

three months, or both such fine and imprisonment,

and, in the case of a continuing offence, a fine of

twelve euro (€12) for each day during which the

offence continues, subject to a maximum of five

thousand euro (€5000);

(l)

the administrative penalties that may be imposed by

the Board, which shall not exceed one thousand and

two hundred euro (€1,200).

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

in possession of a professional qualification in youth work that

makes him eligible for a warrant licence to practice in the country

where the professional qualification was obtained, shall be deemed

to have satisfied the provisions of article 3(3)(e).

(2) For the purposes of article 3(3)(f), any training undertaken

by any person who has obtained the qualification referred to in

article 3(3)(e), 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 youth worker.

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

person who satisfies the Board that he is in possession of a Master

in Youth and Community Studies recognised by the University of

Malta prior to 2012 and including professional training, or a degree

of Bachelor of Arts - B.A. - Youth and Community Studies prior to

2004, recognised by the University of Malta, prior to the coming

into force of this Act shall be deemed to satisfy the requirements of

article 3(3)(e) and (f).

(4)

Repealed by Act XXXI.2023.2.