PERSONS WITHIN THE AUTISM SPECTRUM (EMPOWERMENT) ACT (empowerment)

PERSONS WITHIN THE AUTISM SPECTRUM (EMPOWERMENT)

CHAPTER 557

PERSONS WITHIN THE AUTISM SPECTRUM

(EMPOWERMENT) ACT

To empower persons within the autism spectrum by providing for their

health and well-being in society, the betterment of their living conditions,

their participation and inclusion in society and to make ancillary and

consequential provisions thereto in full adherence to the UN Convention on

the Rights of Persons with Disability

30th November, 2016 *

ACT XXVI of 2016 , as amended by Act and VI of 2022.

PART I: Preliminary Provisions

The short title of this Act is the Persons within the Autism

Spectrum (Empowerment) Act.

In this Act, unless the context otherwise requires

''Committee'' means the Standing Committee on Social Affairs of

the House of Representatives set up by Standing Order 120A(v) of

the Standing Orders of the House of Representatives;

''Council'' means the Autism Advisory Council established under

this Act;

"implementing entities" means entities mentioned in article 4(4),

being line Ministries or other Government entities that would, by

virtue of their competences, be directly involved in the

implementation of specific measures emanating from the Autism

State Support Plan referred to in article 11;

''Minister'' means the Minister responsible for persons with

disability;

"monitoring entities" means entities mentioned in article 4(4) or

(5), that do not fall within the definition of implementing entities in

terms of the Act;

''prescribe'' means to prescribe by regulations made under this

Act;

"UNCRPD National Coordination Mechanism" means the

UNCRPD National Coordination Mechanism established in terms

of article 5(3) of the United Nations Convention on the Rights of

Persons with Disabilities Act.".

PART II: Autism Advisory Council

(1) There shall be a body known as the Autism Advisory

Council to perform the functions conferred or imposed on it by this

* see article 1(2) of the Act as originally promulgated, and Legal Notice 398 of

2016. PERSONS WITHIN THE AUTISM SPECTRUM (EMPOWERMENT)

Act.

(2) The Council shall be appointed by the Minister following

consultation with the Standing Committee on Social Affairs for

such time and on such conditions as the Minister may prescribe.

The Council shall be initially appointed for a period of five years and

any subsequent appointments shall be for a period of three years for each

appointment.

(1) The Council shall be composed of a Chairperson and

thirteen members.

(2) The Chairperson of the Council shall be appointed from

amongst persons knowledgeable about the autism spectrum.

(3) The members of the Council shall be divided into two

categories

(a) the ex officio members; and

(b) other members.

(4) The ex officio members of the Council shall be the

following

(a) the Permanent Secretary within the Ministry responsible

for Health or his representative;

(b) the Permanent Secretary within the Ministry responsible

for Education or his representative;

(ba) the Permanent Secretary within the Ministry responsible

for Employment or his representative;

(c) the Permanent Secretary within the Ministry responsible

for the Rights of Persons with Disability or his

representative;

(d) the Dean of the Faculty for Social Wellbeing of the

University of Malta or his representative;

(e) the Dean of the Faculty of Medicine and Surgery of the

University of Malta or his representative;

(f) the Dean of the Faculty of Education of the University

of Malta or his representative;

(fa) the Chairperson of the Centre for Labour Studies of the

University of Malta or his representative;

(g) the Commissioner for the Rights of Persons with

Disability or his representative; and

(h) the Chief Executive Officer Aġenzija SAPPORT or his

representative.

(5) The other members of the Council shall consist of three

representatives of non-governmental organisations supporting

individuals within the autism spectrum and their families, of which

at least one shall be an adult within the autism spectrum.

(5A) The entities referred to in sub-articles (4)(a), (b), (ba), (c) and

(h) above shall be deemed to be implementing entities for the purposes

of this Act, while the entities referred to in sub-articles (4)(d), (e), (f),

(fa) and (g), and in sub-article (5) above shall be monitoring entities

PERSONS WITHIN THE AUTISM SPECTRUM (EMPOWERMENT)

for the purposes of this Act.

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

member of the Council shall become vacant -

(a) at the expiration of five years in the case of the initial

appointment of the Council or three years in the case

of subsequent appointments, from the date of his

appointment; or

(b) if any circumstances arise that, if he were not a

member of the Council, would cause him to be

disqualified for appointment as such.

(7) A member of the Council may be removed from office by

the Minister, but such member may be removed only for inability to

discharge the functions of his office (whether arising from infirmity

of mind or of body or any other cause) or for misbehaviour.

(8) If the office of a member of the Council is vacant or if a member

is for any reason unable to perform the functions of his office, the

Minister shall appoint a person who is qualified to be appointed to be a

member to be a temporary member of the Council, and any person so

appointed shall, subject to the provisions of sub-articles (4) and (5),

cease to be such a member when a person has been appointed to fill the

vacancy or, as the case may be, when the member who was unable to

perform the functions of his office resumes those functions.

The Minister shall appoint a full-time Secretary to the

Council.

The Council shall meet at the call of the Chairperson and as

may be provided in procedures adopted by the Council

Provided that when the Council meets in respect of the

implementation of the Autism State Support Plan referred to in article

11, only representatives of monitoring entities for the purposes of this

Act shall convene, together with the Chairperson and the Secretary of

the Council, while implementing entities for the purposes of this Act

shall be involved in relevant implementation efforts through the

UNCRPD National Coordination Mechanism.

(1) A simple majority of members of the Council or of the

Advisory Working Groups shall constitute a quorum

Provided that when the Council meets in respect of the

implementation of the Autism State Support Plan referred to in article

11, a simple majority of members of the Council being either

representatives of monitoring entities for the purposes of this Act or

the Chairperson of the Council shall constitute a quorum.

(2) The Council shall act by a majority vote of its serving

members present and voting. In the case of equality of votes, the

Chairperson shall have the right to exercise the casting vote. Following

the vote, the Chairperson shall present to the Minister all reports related

to the said vote including any minority reports if any.

(3)

The Council shall, subject to the provisions of this Act,

PERSONS WITHIN THE AUTISM SPECTRUM (EMPOWERMENT)

regulate its own procedure.

(1)

The Chairperson shall draw up the Council agenda.

(2) The Secretary shall communicate the agenda drawn up as

aforesaid to members.

(1) The Chairperson and members of the Council shall

receive such honorarium as the Minister shall prescribe. Such

payment shall be paid on monthly intervals in the case of annual

appointments and on completion of task in the case of appointments

by task.

(2) The Advisory Working Group Chairpersons and Advisory

Working Group Members shall receive an honorarium as the

Minister shall prescribe, but should Advisory Working Groups not

be appointed on an annual basis but on a task basis, they shall be

paid an honorarium on completion of their task.

(1) The Council shall act in an advisory capacity to the

Minister and shall perform the following functions

(a) prepare and submit to the Minister for his approval an

Autism Support State Plan, as referred to in article 11

within one year of the Council’s appointment;

(b) review, monitor and update at regular intervals or at

such intervals as the Minister may prescribe, the

Autism Support State Plan;

(c) advise the Minister on the implementation of the

Autism Support State Plan;

(d) assist the Government to achieve the purposes of this

Act;

(e) collect appropriate, anonymous and aggregated

information on the collective population of persons

within the autism spectrum, including statistics and

research data;

(f) give advice on

(i) the promotion of vocational training, when

required, and skills development programmes

for persons within the autism spectrum;

(ii) the enabling of persons within the autism

spectrum to learn life and social development

skills to facilitate their full and equal

participation in education and as members of the

community;

(iii) the promotion of self-determination of persons

within the autism spectrum;

(iv) the enhancement of access to appropriate

support services and equal opportunities for

inclusion and participation in society by

providing, as appropriate, training to public

administrators, service providers, educators,

carers, caregivers, families, professionals and

PERSONS WITHIN THE AUTISM SPECTRUM (EMPOWERMENT)

non-professionals on the needs and rights of

persons within the autism spectrum; and

(v) the formulation of feasible, effective and

sustainable intervention programmes for

addressing the autism spectrum;

(g) propose training for parents and other persons who

work with persons within the autism spectrum;

(h) create awareness raising initiatives for the general

public inter alia to achieve autism acceptance within

society;

(i) promote

coordinated

research

regarding

the

identification and cause for the significant increase in

children identified within the autism spectrum through

a person-centred diagnostic approach;

(j) focus on the need to improve identification of

undiagnosed adults within the autism spectrum

through a person-centre diagnostic approach,

addressing also the topic of autism and ageing; and

(k) carry out such other functions as the Minister may

prescribe.

(2) In carrying out its functions under the provisions of this

article, the Council shall aim to achieve the following objectives

(a) to empower persons within the autism spectrum by

providing for their health, education, well-being and

participation in all aspects of society and the

betterment of their living conditions;

(b) to promote self-determination amongst persons within

the autism spectrum;

(c) to maximize the potential for children and adults

within the autism spectrum through their personal

autonomy and active citizenship;

(d) to encourage early identification of children within the

autism spectrum in order to provide appropriate early

intervention services for children to achieve optimal

participation in their home, school and locality;

(e) to give advice on effectively coordinating

governmental and non-governmental human resources

needed to provide early identification and evidence-

based support required to ensure that persons within

the autism spectrum reach their optimum potential;

and

(f) to identify the socio-economic, psycho-educational

and health needs of persons within the autism

spectrum with a view for Government to address these

needs.

The Autism Support State Plan shall address matters

r e l a t e d , b u t n o t e x c l u s i v e l y, t o f a m i l y e n g a g e m e n t a n d

involvement, early identification and intervention services,

educational support and services, access to sports and leisure, adult

PERSONS WITHIN THE AUTISM SPECTRUM (EMPOWERMENT)

support and services, training and professional and personal

development.

The Minister shall provide the Council with such resources

as it may need to carry out its functions in terms of this Act.

The Council may create Advisory Working Groups to assist

the Council in policy-making recommendations.

Unless otherwise prescribed by any other law

(a) the public administration shall provide to the Council

any necessary assistance or information to enable the

Council to carry out its duties under this Act; and

(b) free access shall be given to any books, records, or

documents held by the public administration relating

to matters within the scope of the Council’s functions.

PART III: Miscellaneous

The Minister may, following consultation with the

Standing Committee on Social Affairs, from time to time, make

regulations for all or any of the following purposes

(a) drawing up a list of those non-governmental

organisations supporting persons within the autism

spectrum;

(b) prescribing any matter which has to be addressed by

this Act; and

(c) providing for any other matters contemplated by this

Act or necessary for its administration and, or its

implementation.