Aġenzija SAPPORT (Establishment as an Agency) Order, 2016

L.N. 104 of 2016

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Aġenzija SAPPORT (Establishment as an Agency) Order, 2016

IN exercise of the powers conferred by article 36(1) of the

Public Administration Act, the Prime Minister has made the

following regulations:-

The title of this Order is the Aġenzija SAPPORT Citation.

(Establishment as an Agency) Order, 2016.

In this Order, unless the context otherwise requires -

Interpretation.

"the Act" means the Public Administration Act;

"Agency" means the Agency established by means of this

Order;

"Agency Agreement" means the Agreement as provided for in

article 7;

"Minister" means the Minister responsible for matters relating

to persons with disability;

"Permanent Secretary" means the Permanent Secretary of the

Ministry responsible for matters relating to persons with disability.

(1)

There shall be an Agency, to be known as the Establishment

Aġenzija SAPPORT, which shall carry out functions related to of

SAPPORT.

disability affairs. This Agency shall henceforth assume the

responsibilities vested in Aġenzija SAPPORT within the Foundation

for Social Welfare Services.

(2) All employees previously performing duties with, and any

other public officers currently deployed with, the Aġenzija SAPPORT

within the Foundation for Social Welfare Services shall be regarded

as employees of Aġenzija SAPPORT established by virtue of this

Order under the same terms and conditions prevailing at the date of

coming into force of this Order.

(3) The employment contracts entered into between, on the

one hand, the employees of Aġenzija SAPPORT within the

Foundation for Social Welfare Services, and, on the other hand, the

Foundation for Social Welfare Services, shall continue in force as if

they were entered into by the Aġenzija SAPPORT as established by

this Order and any collective agreement in force prior to the coming

into force of this Order which affects the rights and status of

employees of Aġenzija SUPPORT within the aforesaid Foundation

shall remain unprejudiced.

(4) Public officers deployed with the agency shall be deemed

to be detailed with the Agency in accordance with article 43 of the

Act.

(5) Aġenzija SAPPORT shall, as from the coming into force of

this Order, assume responsibility for all assets, liabilities and

obligations previously entered into by the Aġenzija SAPPORT within

the Foundation for Social Welfare Services or by other bodies who act

on its behalf. For all intents and purposes all agreements entered into

with regards to property leased, purchased, used by and, or in

possession of Aġenzija SAPPORT within the Foundation for Social

Welfare Services and all rights acquired and obligations arising from

such agreements shall devolve upon and be assumed by Aġenzija

SAPPORT as established by this Order.

The Agency shall have the following functions and duties

(a)

to actively promote the needs of people with

disability through the principles of normalisation, social

integration, empowerment and social role valorisation;

(b)

to actively support, through direct intervention

(accommodation, recreation, guidance and education), people

with disability in a community;

(c)

to enhance the quality of life of persons with

disability through innovative personalised support, expertise,

and advocacy;

(d)

to work with persons with disability and their

families to secure the means, opportunities and services

whereby they can execute their right to fully participate in

community life;

(e)

to manage the services related to persons with

disability;

(f)

to ensure that the services are run, managed and

provided in terms of the existing and approved standards from

time to time;

(g)

to monitor and administer pensions of clients living

in residential homes;

(h)

to monitor service agreements concluded through

the Ministry responsible for matters relating to persons

(i)

to engage the service users in meaningful activities

that enhance their ability for independent living;

(j)

to actively involve the service users within the

community;

(k)

to act as support for the service users and parents /

(l)

to enhance service users quality of life through

further training and development independent living training;

(m)

to encourage service users to explore and work

towards employability;

(n)

to provide core skilled programmes such as basic

skills towards independent living supported by other skills that

augment quality of life;

(o)

to develop programmes to engage service users in

as many activities as possible within the community. Activities

are to be both occupational and leisurely in nature;

(p)

to carry out programmes of physical and

psychological well-being and activities that improve their

educational, social communications, cultural, leisure, and

employability skills;

(q)

to participate in disability-related projects and to

explore initiatives which can be used as outwork, sheltered and

supported employment;

(r)

to ensure that programmes are undertaken on levels

according to the service users’ individual abilities and needs;

(s)

to enhance and maintain skills and foster

socialisation within different peer groups;

(t)

to provide space and structure for service users;

and to develop and improve upon their social skills in terms of

adapting to various social situations;

(u)

to support, teach and motivate such persons with

disability within their homes and the community utilising a

holistic approach targeting as many skills as possible;

(v)

to give all available support and consultancy to the

family as a whole in a bid to ensure that the person with

disability has the optimum quality of life possible;

(w)

to ensure that persons with disability who are

service users are given a voice through support and

empowerment;

(x)

to ensure that persons with disability are given the

opportunity to fully reach their potential, whatever their ability,

whilst making them aware that they have the right to make

choices that effect their life;

(y)

by adopting a holistic approach, to empower

persons with disability and their families and care-givers

through personal assistance, socialisation and intervention to

improve their quality of life, and thus promote their right to

learn, choose and develop their skills - elements which are often

taken for granted by persons without disabilities;

(z)

to increase social awareness by integrating persons

with disabilities - whether intellectual, physical or both - within

the community and introducing them to everyday situations;

(aa)

to provide community services both in Malta and

Gozo and to target a variety of needs as experienced by the

individual with disability and, or their family/care-givers. The

intervention strategies or personal assistance needs shall be

reviewed according to necessity to determine whether the

identified outcomes are being achieved;

(bb) to provide direct personalised support to help

persons with disability with activities of daily living within their

home, workplace or in the community, where and when needed;

(cc)

to provide an opportunity for persons with

disability to continue developing their skills or receive training

to learn new skills within the community environment so as to

focus on daily living skills, communication and social

interaction to prepare persons with disabilities for school, work,

day centres, or general socialisation within the community;

(dd)

to ensure the highest standards in care and social

work exercised; and

(ee)

to keep under review the workings of this Order,

and where deemed required, at the request of the Minister or

otherwise, submit proposals for the Order’s review.

(1)

The Minister responsible for Aġenzija SAPPORT Minister

shall be the Minister responsible for matters relating to persons with responsible

Agency.

disability.

(2) The Permanent Secretary in the Ministry responsible for

matters relating to persons with disability, hereinafter referred to as

"the Permanent Secretary", shall supervise the Agency in terms of

article 39 of the Act.

(3) The Permanent Secretary may be assisted in such

supervision by another Permanent Secretary from another Ministry in

accordance with the proviso to article 13(5) of the Act.

(4) If a Minister, other than the Prime Minister, assumes

responsibility for the Agency, its supervision shall fall under the

Permanent Secretary of that Ministry.

The Agency shall be governed by the provisions of the Financial

Financial Administration and Audit Act unless otherwise stated in the arrangements.

Agency Agreement between the Permanent Secretary and Aġenzija

SAPPORT, in which case the provisions of the Agency Agreement

shall prevail.

The operations of the Agency shall follow an Agency Other special

Agreement which is to be agreed between the Permanent Secretary arrangements

applying to the

and Aġenzija SAPPORT.

Agency.

The Agency shall be headed by the Chief Executive Head of the

Officer of the Agency who shall perform all the functions and duties Agency.

as stipulated in the Act.

(1)

The Minister responsible for the Agency may Advisory Board.

establish an advisory board to assist the Chief Executive Officer in

the discharge of his duties.

(2) An Advisory Board established under this article shall

consist of not less than two and not more than four members

appointed by the Minister responsible for the Agency.

(3) The remuneration paid to members of the Agency’s

Advisory Board shall be in accordance with any directives and

guidelines which may be issued by the Agency from time to time.

B

In the Fourth Schedule to the Public Administration Act,

Amends the

Fourth Schedule

immediately before the item "Aġenzija Żgħażagħ" there shall be

to the Act.

added the following

Agency

Agency Function

"Aġenzija

To exercise and execute the functions

SAPPORT

and duties previously exercised by

the Aġenzija SAPPORT within the

Foundation for Social Welfare

Services, as well as any other matter

falling within the ambit of the

support and care of persons with

disability".

€0.54