COUNSELLING PROFESSION ACT

CHAPTER 538

COUNSELLING PROFESSION ACT

To make provision for the regulation of the counselling profession and to

provide for matters which are connected and ancillary thereto.

1st May, 2015 *

ACT V of 2015, as amended by Acts XXXIV of 2016 and IX and XXI of

2020 and XXXI of 2024.

The short title of this Act is the Counselling Profession Act.

In this Act, unless the context otherwise requires

"ability test" means a test, the purpose of which is to assess the

person’s ability for him to be able to practise the counselling

profession in Malta as required by the Council under the provisions

of this Act;

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

exercise the counselling profession in Malta under the supervision of a

counselling supervisor, which period may include the provision of such

further training to such person, as may be required by the Council, at the

end of which an ability test shall be carried out;

"association of counsellors'' means any association of counsellors

established in terms of article 12;

"the Council" means the Council for the Counselling Profession

in Malta established by article 4;

"counselling" means the observation, description, evaluation,

interpretation, research, or assistance given in accordance with

accepted principles of the counselling profession, methods or

procedures for the purpose of preventing or eliminating restrictive

behaviour and improvement on interpersonal relationships and

intrapersonal reflection, personal change at the place of work, in

life, personal development and empowerment in learning, physical

well being or mental health;

''counselling supervisor'' means a person in possession of a full

warrant that has read a training course in counselling supervision of not

less than 30 ECTS at level 7 within the Malta Qualifications

Framework or the equivalent as recognised by the competent authority

in a European Member State or by the Council and the National

Commission of Further and Higher Education in the case of a non-

Member State, and who is duly registered in the register for supervisors

kept by the Council as a counsellor who may provide services of

supervision to the Council;

"counselling trainee" means a person who is registered by the

Council in a register kept for Counselling Trainees and is undergoing

training in counselling which is recognized by the Council, according

to article 24;

"counselling with specialisation" means that the person is trained

in a specific area of not less than 30 ECTS at level 7 within the

*See article 1(2) of this Act, as originally promulgated, and Legal Notice 151 of 2015.

Malta Qualifications Framework or the equivalent as recognised by the

competent authority in a European Member State, or by the Council and

the National Commission of Further and Higher Education in the case of

a non-Member State. Counselling with specialisation is awarded

only to a person having a full warrant;

"counsellor" means a person registered in one of the official

registers kept by the Council and who has been granted a warrant

under this Act to practise the profession of counselling, in

accordance with article 3(4);

''the course'' means the programme of study leading to the degree

of Masters in Counselling and is made up of five components

w h i c h a r e t h e o r y, n u m b e r o f h o u r s o f t r a i n i n g , p e r s o n a l

development, research and expertise in counselling. The five

components shall have between 90 and 120 ECTS;

"ECTS" means European Credit Transfer System;

"full warrant" means a warrant which entitles the person to be

registered in the official register of counsellors with a full warrant

kept by the Council;

"Masters degree'' means a Masters degree in Counselling issued by

the University of Malta;

"the Minister" means the Minister responsible for the counselling

profession;

"practise" in relation to the counselling profession shall include

(a) the taking up or pursuit of the counselling profession,

whether in a self-employed capacity or as an employed

person; and

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

professional title of ''Registered Counsellor'' or the

designatory letters ''RCouns'' by a person in possession

of a full warrant, or the professional title ''Counsellor

in possession of a temporary warrant'' by a person in

possession of a temporary warrant or the professional

title of ''Restricted Counsellor'' by whoever is in

possession of a restricted warrant, or the professional

title of ''Counselling Supervisor'' or the designatory

letters “RSCouns” by a person registered by the

Council as a supervising counsellor;

"prescribed" means prescribed by regulations made by the

Minister under this Act;

"profession" unless otherwise indicated, means the counselling

profession;

''public officer'' has the same meaning as is given to it by article

92 of the Criminal Code and includes a counsellor;

"recognised degree'' means the formal acknowledgment by the

competent authority in a European Member State, or by the Council and

the National Commission of Further and Higher Education in the case of

a non-Member State of a foreign higher education qualification as being

equivalent to the degree issued by the University of Malta to practise the

counselling profession in Malta;

"restricted warrant'' means a warrant which entitles a person, who

from the date of coming into force of this Act is employed as counsellor

with an agency or institution and undergone training given or recognised

only by the same agency or institution, to be registered in the register for

counsellors with a restricted warrant kept by the Council, but who

cannot take up or pursue the counselling profession in a self-employed

capacity or as an employed person;

''society of counsellors'' means any society of counsellors

established in terms of article 12;

''temporary warrant'' means a warrant entitling a person to be

registered in the register for counsellors with a temporary warrant kept

by the Council who can practice the counselling profession under

supervision of a counselling supervisor and according to guidelines

issued by the Council;

"warrant" means a warrant issued under article 6.

(1) No person shall practise the profession of counselling, or

purport to be professionally qualified to do so, or use the professional

title of a registered counsellor or its designatory letters, or the

professional titles of a Counsellor in possession of a temporary warrant

or a Counsellor in possession of a restricted warrant, unless he is the

holder of a warrant issued under this Act.

(2) Unless otherwise specified in the warrant, the warrant shall not

entitle the holder to practise the counselling profession with

specialisation.

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

Mutual Recognition of Qualifications Act, a person shall qualify to

obtain a temporary warrant if such person

(a) is a citizen of Malta or a citizen of the EU, or is

otherwise legally entitled or authorised to work in

Malta;

(b) is in possession of a clean conduct and is of a good

moral character;

(c) has full legal capacity; and

(d) has obtained a Masters degree in Counselling issued by the

University of Malta, or a recognised degree.

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

Mutual Recognition of Qualifications Act, a person shall qualify to

obtain a full warrant if such person -

(a) satisfies the requisites listed in paragraphs (a) to (d) of

sub-article (3); and

(b) has satisfied the Council that he has adequate professional

training or experience in counselling for an aggregate

period of not less than two years on a full-time basis, or

has performed one thousand (1,000) hours of work under

the supervision of a counselling supervisor, whichever is

attained first, or the equivalent to that period on a part-time

basis of not more than six years, after obtaining the

Masters degree, or recognised degreeas mentioned in the

foregoing sub-article

Provided that when the person who is practicing the

counselling profession on a part time basis does not

perform one thousand (1,000) hours of supervised

counselling under the supervision of a counselling

supervisor within six (6) years, he may request the

Council to be granted an extension of the said time.

(5) The Minister may prescribe, in place of the minimum

requirements established under the preceding provisions of this

sub-article, other minimum requirements in terms of international

or multinational treaties entered into by Malta, or with the

provisions of any legislation brought into force by virtue of any

such treaty or agreement.

(6) Where the duration of the course leading to the recognised

degree possessed by the applicant is less than the duration of the course

leading to the Masters degree awarded by the University of Malta, or

where the training or experience referred to in sub-article (4)(b) is less

than two years, the provisions of the M u t u a l R e c o g n i t i o n o f

Qualifications Act and of any other regulations made thereunder shall

apply.

(1) There shall be a council to be known as the Council for

the Counselling Profession in Malta and which shall consist for seven

members as follows

(a) four members appointed by the Minister of which

(i)

one person shall be a chairperson having a Masters

degree or a recognised degree, has attained a full

warrant from the Council and has at least six years

experience of practice in the counselling profession;

(ii) two persons who exercise the counselling

profession, and who have attained the full

warrant from the Council. One of such members

shall be appointed from the public sector whilst

the other member is to represent that Association

which comprises the largest number of Counsellors

in Malta and Gozo; and

(iii) one person shall be an advocate with at least five

years of experience who shall be appointed as vice-

chairperson;

(b) two counsellors in possession of full warrant elected

by the counsellors in possession of a full or temporary

warrant in an election conducted by the Council

Provided that in the event of the setting up of the first

Council, the counsellors referred to in this paragraph

shall be nominated by the association of counsellors

or, in the event that there is more than one association

of counsellors, they shall be elected from amongst the

associations in an election conducted by the Ministry

responsible for the counselling profession;

(c) one counsellor in possession of a full warrant elected from

amongst the permanent academic staff of the Counselling

Department within the Faculty for Social Wellbeing at the

University of Malta and who are also in possession of a

temporary or a full warrant in counselling;

(2) In the event of the setting up of the first Council after the

coming into force of this Act, any reference in this article to

counsellors forming part of such Council shall be understood as

referring to persons eligible to the full warrant in accordance with

this Act.

(3) The elections made in terms of sub-article (1)(b) and (c)

shall, for the first time, be made within two weeks of the date of the

request in writing made for that purpose by the Minister and, for

any subsequent nomination, within one month from the date the

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

term of office, such nomination shall be made within one month

before the said expiration. In the absence of a nomination, the

Minister shall appoint a person from amongst registered

counsellors with a full warrant.

(4) The members of the Council shall be appointed for three

years.

(5) The members of the Council shall, on the expiration of their

term of office, be eligible to be members, provided that no person

may serve as a m em ber of the Cou ncil fo r more t han three

consecutive terms.

(6) Whenever the engagement of a member becomes vacant

prior to the expiration of his term of office, the person engaged in

his stead shall be appointed for the remaining period of the seat .

(7) In every case, the number of members attending a meeting

needed in order to form a quorum shall be four. The chairperson

shall have an original vote and, in the case of equality of votes, a

casting vote.

(8) The Minister shall also appoint a person to act as secretary to

the Council and the secretary shall have no vote.

(9) Subject to the foregoing provisions of this sub-article, the

Council may regulate its own procedures.

(10) The Council shall meet as often as necessary, but in no case

less frequently than once every month. Council meetings shall be

called by the chairperson either on his own initiative or at the

request of any two members.

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

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

purpose, the Council may invite such individuals to attend the

Council meetings.

(12) The Council shall keep true and correct copies of records of

all its proceedings and the Council shall give to the Minister any

information as he may require.

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

powers and functions of the Council are to regulate the practice and

eligibility to practise the counselling profession in Malta, and in

particular to

COUNSELLING PROFESSION

(a) establish counselling standards, assess existing counselling

standards and develop new continuing professional

development in counselling and other standards whenever

this is necessary. The Council may recommend to the

Minister initial and continuing education in

counselling, proficiency, experience and other

qualifications required to hold a warrant under this

Act;

(b) consider, process and decide on applications for

warrants issued under this Act and applications for

equivalence and recognition of qualifications in

counselling;

(c) examine applications for a warrant to practise the

counselling profession in Malta and also decide on the

award or refusal thereof;

(d) keep and amend accordingly the following official

registers of counsellors

(i)

Register for Counsellors with a restricted

warrant, with reference to any specialisation, if

the case arises;

(ii) Register for Counsellors with a temporary

warrant, with reference to any specialisation, if

the case arises;

(iii) Register for Counsellors with a full warrant with

reference to counselling with specialisation, if

the case arises;

(iv) Register for Counselling Supervisors according

to the criteria established by the Council and the

Code of Ethics;

(v) Register for Associations of Counsellors; and

(vi) Register for Societies of Counsellors;

(vii) Register for Counselling Trainees;

(e) keep such records and such information as may be

required in relation to any association of counsellors

registered by the Council;

(f)

make recommendations to the Minister on the Code of

Ethics which shall be established for the professional

conduct of counsellors;

(g) advise or make recommendations or otherwise express

its views to the Minister on any matter on which the

Minister is to consult the Council or on which the

Council is to make recommendations to the Minister or

on which the opinion or recommendation of the

Council is sought by the Minister;

(h) make recommendations to the Minister to prescribe

regulations in relation to the employment of persons who

have a recognized degree but who do not qualify for a

warrant under this Act, and who are working under the

supervision of a registered counsellor in such

establishments or agencies as may be prescribed;

(i)

investigate allegations of professional misconduct,

gross negligence or incompetence by a counsellor; and

(j)

perform such other functions that may arise under this Act

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

the Minister.

(2) The Council shall, not later than three months after the end

of each year, publish in the Gazette a list of persons who, until the

31st December of the previous year, were registered in the official

Register of Counsellors.

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

concerning its activities.

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

counselling profession in Malta shall obtain an application form for

the warrant from the Council and submit such application in the

registered office of the Council.

(2) If the Council is satisfied that the applicant qualifies for a warrant

under this Act, it shall issue that warrant.

(3) Where following the period indicated in article 3(4)(b), the

Council is satisfied that the applicant qualifies for a full warrant,

the Council shall issue that warrant.

(4) For the purpose of establishing whether an applicant

qualifies for a warrant as mentioned in the foregoing sub-article, the

Council may submit the applicant to undergo a skill test under the

provisions of this Act.

(5) The Council may attach such limitations and conditions as

it deems fit to any warrant it issues under this Act. A warrant for

counselling with specialisation shall indicate the specific area in

which the holder of the warrant may practise and may include such

sp e c i al co n d i t i o n s f o r s p ec i f i c p e r i o d s i n a c c o r d a n ce w i t h

recommendations made by the Council according to the provisions

of this Act and any regulations made thereunder.

(6) In the consideration of an application by a holder of a full

warrant for the practice of the counselling profession in a specific

area of counselling, the Council may submit the holder of such

warrant, in addition to the submission of such qualifications as may

be prescribed, to such further training or to an adaptation period as

may be required by the Council.

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

effect provided that the holder of a warrant, when requested by the

Council, shall prove to the Council that he satisfies such criteria as

established by the Council from time to time

Provided that when the holder of a warrant fails to provide

such proof, his warrant shall be deemed to be suspended unless the

holder thereof proves to the Council that he meets such criteria that

may be prescribed by the Council.

(8) Every counselling supervisor registered by the Council

shall be granted a licence for five years, which licence may be

extended for further periods of three years, or revoked, as the case

may be.

(9) Every person who is granted a warrant by the Council to

practise the counselling profession shall display in a prominent

position such warrant in the place where he practises as a

Counsellor and shall keep on him his identity card issued by the

Council which shall indicate that he may practise as a counsellor

whilst exercising the counselling profession. This sub-article also

applies to any person that is registered by the Council as a

counselling supervisor, as well as to the members of associations of

counsellors registered by the Council.

(10) No person, except those persons given a warrant under this

Act, may use the word "Counsellor" or "Counselling"

Provided that a person holding an official capacity in

diplomacy may use the word "Counsellor" but not "Counselling",

and any person holding a warrant of professional psychologists

issued by the Malta Psychology Profession Board may use the word

"Counselling" but not "Counsellor".

(1) The Council shall, not later than four months from the

date of receipt of the application for the issue of a warrant, in

addition to examining the information and all relevant

documentation in support of the application, also decide whether

the applicant may immediately exercise the counselling profession.

In the above-mentioned period the applicant may make a request in

writing to the Council to be given the faculty to practise under

supervision, and this in terms of any disposition indicated by the

Council.

(2) The Council shall inform the applicant about the

recommendations given under the foregoing sub-article and the reasons

on which such recommendations are based upon.

(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.

(1) No person shall be qualified to obtain or retain a

warrant in terms of this Act if he has been convicted of a criminal

offence, by a competent court, which carries a punishment of

imprisonment for a term exceeding one year, or if he has been

convicted of a criminal offence considered by the Council as

detrimental to the counselling profession or is not compatible with the

counselling profession.

(2) Where a person forfeits his warrant on the ground of a

conviction as referred to in sub-article (1), notice of such loss shall

be published in the Gazette and shall be communicated by the

Council to the person who has forfeited the warrant unless the

person has been interdicted by the judgement itself. If the person is

in employment, a copy of such communication shall be sent to his

employer.

(3) The Council may, at any time, reinstate the person who has

forfeited the warrant according to the provisions of article 11.

(1) The Council may set up a committee to inquire into any

alleged professional misconduct, gross negligence or incompetence

in relation to a counsellor.

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

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

following

(a) the obtaining of a warrant in a deceitful or fraudulent

manner, or otherwise purporting to be a counsellor

without the required warrant;

(b) the contravention of the Code of Ethics established

under this Act;

(c) the failure to observe any regulations regarding

professional standards or practice;

(d) the failure to observe any conditions attached to the

warrant issued under this Act;

(e) the assumption of a professional competence for which

the person is not qualified or otherwise is not

authorised to practise in terms of his warrant;

(f)

acting in any manner which may be detrimental to the

counselling profession; and

(g) giving incorrect information or displaying lack of skill

or judgement in the practice of the counselling

profession or in the performance of any duties or

obligations in the counselling practice.

(3) Any holder of a warrant who is subjected to an inquiry by

the Committee shall be given the opportunity to make his defence

and bring evidence in his favour, and for this purpose, that holder

of a warrant may be represented by an advocate or by any other

person of his choice.

(4) On the conclusion of the inquiry, the Committee shall decide

whether there are or not sufficient grounds to find the holder of a

warrant guilty of professional misconduct, gross negligence or

incompetence. In the first case, the Committee shall make a report of its

decision and shall commit the holder of the warrant for inquiry by the

Council together with its recommendations to impose a penalty, and, in

the second case, recommend that no further proceedings should be

undertaken.

(5) The penalties mentioned in the foregoing sub-article may

include

(a) the suspension or the revocation of such warrant

subject to such conditions as may be recommended;

(b) the suspension or the revocation of the registration in a

society of counsellors;

(c) the imposition of conditions that may be attached to a

warrant;

(d) reprimand;

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

(f)

order the waiver, reduction or refund of any fees

charged for services rendered; or

(g) any other penalties that may be prescribed.

(6) Upon the revocation of the warrant, the Council shall strike

off the name of the holder of that warrant from the official register

of counsellors. The revocation of any warrant shall be published in

the Gazette.

(7) For the purposes of this article, the powers vested, or the powers

which may be vested, in the members of the Committee shall be those

provided under the Inquiries Act and the Council shall conduct the

inquiries as provided for in the said Act.

(1) The holder of a warrant who feels aggrieved by a

decision of the Council may appeal before the Court of Appeal in

its jurisdiction within twenty-one days from the date when notice of

the decision has been given to him by registered post.

(2) The warrant shall be suspended or revoked only when the

Court of Appeal confirms the decision of the Council.

(3) The Minister responsible for justice may make regulations

prescribing the fees to be paid to the Registry of the Court on

appeals made under this article

Provided that until such fees are prescribed by the Minister

responsible for justice under this article for the lodging of appeals,

the fees referred to in the Code of Organization and Civil Procedure

shall, mutatis mutandis, apply.

(4) The Board referred to in article 29 of the Code of

Organization and Civil Procedure shall make rules establishing the

form of such appeals and matters relating thereto.

The Council may, after a request is made to that effect, reinstate

the person who has forfeited the warrant because of a decision to

suspend or revoke if such person meets such requirements that may be

prescribed. Where the warrant is reinstated, the person reinstated with

the warrant shall be immediately registered again in the official register.

(1) Any association of counsellors may make an application to

the Council to be registered as an association of counsellors for the

purposes of this Act.

(2) An association of counsellors shall be qualified to be

registered under this article if it proves to the Council that at least

three of its members are registered as counsellors in possession of a

full or temporary warrant, and that it conforms with such other

conditions as may be prescribed from time to time. Upon

application for registration, the association of counsellors must

submit, together with the application for registration, a list of all its

members and any other information as the Council may require to

process such application.

(3) The Council shall have the power to require, in a reasonable

manner, from time to time, any association of counsellors registered

under this article to produce such records and information regarding the

association and its members.

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

partnership, in this Act referred to as a "society of counsellors",

having for its exclusive object the practice of the counselling

profession and such powers as are necessary for the attainment of the

objects of the society.

(2) No person, other than a holder of a warrant, may be a part of

a society of counsellors.

(3) Any society of counsellors shall, formed according to the

provisions of this article, pay any fees that may be prescribed so

that such society can be registered by the Council. Upon registration

the persons forming part of the society shall, for as long as it is so

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

society which shall be entitled to use the designation "Counsellors"

as part of the name of the society.

(4) Every society of counsellors shall provide the Council such

information which may be reasonably required by the Council from

time to time or as may be prescribed, and shall notify the Council

of any relevant changes in any information which has been

provided to the Council not later than fifteen days of the date on

which the change occurred.

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

other agreement to the contrary, the following provisions shall

apply solely to a society of counsellors, and not to members of an

association of counsellors in terms of article 12

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

may be done by one or more of the persons that form part

of the society on behalf of such society; and any act or

thing done on behalf of the society shall be done by one

person forming part of that society or more; and

(b) where any thing done or omitted to be done by a person

whilst forming part of a society of counsellors, the

resulting responsibilities and liabilities of that person shall

not cease on the ground that the person has retired or died,

or for any other reason on the ground of which the person

no longer forms part of the society.

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

person that forms part of a society of counsellors shall exercise the

counselling profession in a specialised area unless so authorised by his

warrant or unless he acts under the supervision of another person that

forms part of the society who is in possession of a warrant that entitles

him to exercise the counselling profession in such specialised area.

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

societies of counsellors as they apply to individual counsellors.

11.

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

registering a society of counsellors according to the provisions of this

Act, knowingly gives incorrect or in any other manner acts in a

misleading or fraudulent manner shall be guilty of an offence, and on

conviction, shall be liable to a fine (multa) of not more than two

thousand and five hundred euro (€2,500) or to imprisonment of not more

than twelve months or to both such fine and imprisonment.

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

under this Act shall, on conviction, be liable to a fine (multa) of not less

than one thousand and five hundred euro (€1,500) and not more than

five thousand euro (€5,000), or to imprisonment of not more than three

months, or to both such fine and imprisonment, and in the case of a

continuous offence, to a fine (multa) of fifteen euro (€15) for each day

during which the offence continues.

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

under this Act -

(a) practises the counselling profession; or

(b) makes use of any professional title of counsellor or the

designatory letters; or

(c) purports to be a counsellor; or

(d) performs the work of a counsellor,

shall be guilty of an offence under this Act.

(4) Any person who makes use of the word "Counsellors" in

relation to a society of counsellors, where such society is not registered

according to the provisions of this Act, or in any other manner

deceitfully or fraudulently makes use of a name which implies the

existence of a society of counsellors, shall be guilty of an offence under

this Act.

(5) For the purposes of sub-articles (3) and (4), the use on any card,

letterhead, sign, board, plate, advertisement or other written, printed or

engraved device, instrument or document, or by electronic means, of the

words "Counsellor" or "Registered Counsellor" in relation to a name, or

"Society of Counsellors" or "Counsellors" in relation to a society of

counsellors that is not registered, may constitute sufficient evidence of

the knowledge of such use by any person in relation to whose name or

society the said words are used, unless such person proves that he was

unaware and could not with reasonable diligence be aware of such an act

and that he did everything within his power to prevent the continuation

of such act.

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

deemed to be in contravention of the provisions of this Act if such

person is practising counselling work during an adaptation period

or when in training, in any case under the appropriate supervision

of a registered supervisor and subject to such regulations as may be

prescribed.

(7) Without prejudice to sub-article (6), no person or

organisation shall employ any person other than a registered

counsellor for the purpose of exercising the counselling profession.

(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.

Whosoever by violence or threats compels a Counsellor

who is a public officer to do or not to do any act appertaining to his

office, shall, on conviction, be liable to imprisonment for a term

from one to five years and to a fine (multa) of not less than four

thousand euro (€4,000) and not more than ten thousand euro

COUNSELLING PROFESSION

(€10,000).

Where, following an inquiry under the provisions of article 9,

the Council finds a counsellor guilty of any breach of professional

conduct, gross negligence or incompetence, the Council may impose

one or more of the penalties set out in article 9 or such penalties as the

Minister may prescribe.

The Minister may, after consultation with the Council,

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

give better effect to any of such provisions and, in general, to

regulate the counselling profession, and without any prejudice to the

generality of the foregoing, such regulations may in particular include

provisions relating to

(a) the establishment of standards, procedures and duties

in the exercise of the counselling profession and other

practices which shall be followed by counsellors, in

general as well as in particular fields of activities;

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

counsellors and standards of competency and integrity

that must be maintained in the counselling profession;

(c) the requirements in relation to the continuing

professional development for the maintenance of a

warrant;

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

which may be provided in terms of the warrant, and

the terms and conditions which may be attached to the

warrant, and the additional qualifications necessary for

warrants providing for the practice of the counselling

profession in specialised fields;

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

connection with the application for the issue of a

warrant, for any registration under this Act, and for

any other work that may be performed by the Council

according to the provisions of this Act;

(f)

the fees that may be charged by the counsellors 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 degree but who do not qualify for a warrant

under this Act, and who are working under the

supervision of a registered counsellor in such

establishments or agencies as may be prescribed;

(i)

any other procedure that may be adopted by the

Council;

(j)

any matter that may be required or is authorised by this

Act to be prescribed;

(k) the punishments, the penalties and the consequences and

effects to which a person may become liable or which may

take place in the event of any contravention against, or non

compliance with any provision or of any regulations made

under this Act; and

(l)

the administrative fines that may be imposed by the

Council shall not exceed one thousand and five hundred

euro (€1,500).

(1) Any person who, on the date of entry into force of this

Act, has a professional qualification in counselling which makes

him eligible for a licence of a warrant to exercise the counselling

profession in a country where the professional qualification has

been obtained, shall be considered to satisfy the provisions of

article 3(3)(d).

(2) Any, any training undertaken by a person who successfully

obtained the qualification referred to in article 3(3)(d) between the

date of receipt of such qualification and the entry into force of this Act,

shall be deemed to be training undertaken under the supervision of a

counsellor or a counselling supervisor.

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

person who satisfies the Council who before the coming into force

of this Act

(a) he is qualified in Masters in Counselling that includes

professional training or has a diploma at level 7 within the

Malta Qualifications Framework issued by the University

of Malta or its equivalent in accordance with the standards

of the Malta Qualifications Recognition Information

Centre; and

(b) has exercised the counselling profession on a regular basis

or has occupied the post of a counsellor in a Government

department or agency for a period of not less than three

years, or has occupied the post of a counsellor in a

Government department, institution or a non-

governmental agency approved by the Council as such, or

is self-employed and certified by a supervisor that he has

worked for at least two hundred hours within a period of

two years,

shall be deemed to satisfy the requirements of article 3(3)(d)

Provided that the Council may order additional training to the

persons referred to in paragraphs (a) and (b).

(4) Any person who is registered in courses which are not

equivalent to the Degree of Masters in Counselling – M.Couns. -

offered by the University of Malta in terms of the Bye-Laws under the

auspices of the Faculty for Social Wellbeing, shall be allowed a period

of two years from the entry into force of this Act to complete such

courses and the Council may order additional training. Following this

period of two years, the Degree of Masters in Counselling obtained from

the University of Malta, or its equivalent, shall be considered as the

minimum qualification for the counselling profession.

(1) Any person who on the date of entry into force of this

Act was trained in the supervision of counsellors that makes him

eligible to exercise supervisory functions in the country where the

training has been obtained and has exercised those functions for a

period of not less than one year, will be eligible to be registerred by

the Council in the register for supervisors.

(2) On the entry into force of this Act, a person not trained in

the supervision of counsellors as defined in this Act, may be

granted a licence for a period of five years, provided he proves to

the Council that he has adequate experience in the supervision of

counsellors. The term of the licence may be extended for

consecutive periods of three years

Provided that the term of the licence shall not be extended

if such person fails to obtain training as a counselling supervisor

within the first period.

Notwithstanding any other provision under this Act, a

person may request the Council to practise the counselling

profession under the supervision of a supervisor whose profession

is related to the counselling profession

Provided that the Council may deny such a request

whenever it provides a list of counselling supervisors and whenever

the Council establishes that the requested supervisor does not have

adequate experience in providing supervision in counselling

Provided further that if upon entry into force of this Act a

person is practising the counselling profession under the

supervision of another supervisor may continue to practise under

such supervision for the remaining period and shall immediately

upon termination of such period request the Council to practise

under the supervision of a counselling supervisor.

(1) Any person not eligible to a temporary warrant or full

warrant under this Act who on the date of entry into force of this

Act is employed with an agency or institution with training given or

recognised only by the same agency or institution, may by not later

than sixty six months from the date of entry into force of this Act,

apply to the Council to be given a restricted warrant. When given

the restricted warrant, such person may only be employed with the

agency or institution with which he was employed when given the

restricted warrant and such warrant shall not be transferable to the

practice of the counselling profession in a self-employed capacity

Provided that the restricted warrant may be transferable to

another agency or institution, so long as such other agency or

institution recognises the training given by the agency or

institution, upon an authorisation in writing by the Council.

(2) The provisions of sub-articles (1), (2), (3), and (6) of article

3 and articles 6, 7, 8, 9, 10, 11, 12, 17 and 18 shall mutatis

mutandis apply to persons with a restricted warrant.

(3) A person shall only qualify to be registered in the Register

for Counselling Trainees unless he

(a) is a citizen of Malta or a citizen of the EU, or is

otherwise legally entitled or authorised to work in

Malta;

(b) is in possession of a clean conduct and is of a good

moral character;

(c) has full legal capacity;

(d) has obtained a Bachelor's degree in one of the human

and/or social sciences; and

(e) has been accepted for training in a Masters degree in

Counselling recognized by the Council.

(4) No person can function as a Counselling Trainee unless being

registered in the Register for Counselling Trainees.