Victim Support Agency (Establishment) Order, 2020

L.N. 418 of 2020

PUBLIC ADMINISTRATION ACT

(CAP. 595)

Victim Support Agency (Establishment) Order, 2020

IN EXERCISE of the powers conferred by article 26(1) of the

Public Administration Act, the Prime Minister has made the following

The title of this Order is Victim Support Agency Citation.

(Establishment) Order, 2020.

In this Order, unless the context otherwise requires

Interpretation.

"Act" means the Public Administration Act;

"Agency" means the Agency established by this order;

"Agency Agreement" means the Agreement mentioned in

article 6;

"Board" means the Board established by article 10;

"data protection law" means the Data Protection Act and Cap. 586.

any legislation established thereunder and the Regulation (EU)

2016/679 of the European Parliament and of the Council of 27

April 2016 on the protection of natural persons with regard to the

processing of personal data and on the free movement of such

data, and repealing Directive 95/46/EC, as in force from time to

time;

"Minister" means the Minister responsible for home affairs;

"Permanent Secretary" means the Permanent Secretary of

the Ministry for Home Affairs; and

"service users" means victims of crime, their families,

significant others and witnesses.

(1) There shall be an Agency, to be known as the Victim Establishment

Support Agency, which shall carry out the functions listed in article 4. of Agency.

(2) Employees of this Agency shall be appointed by the Chief

Executive Officer under such terms and conditions as may be approved

by the Minister and shall include

(a)

any public officer;

(b) any member of and any other person employed or

appointed in or for the purposes of the Malta Police Force as well

as of any other disciplined force of the State; and

(c) any member of and any other person employed or

appointed in or for the purposes of the Department of Probation

and Parole.

(3) The Agency may also appoint other officers and

employees. The terms and conditions of employment shall be

established by the Agency with the concurrence of the Minister in

accordance with the provisions of the Public Administration Act and

any subsidiary legislation made thereunder.

(4) The Agency shall appoint and employ, at such

remuneration and upon such terms and conditions as it may in

accordance with sub-article (1) determine, such officers and

employees of the Agency as may be necessary for the due and efficient

discharge of the function of the Agency in compliance with established

Government procedures

Provided that all employees having an employment

contract on the date of the coming into force of this Order shall be

taken over by the Agency in terms of article 38 of the Employment and

Industrial Relations Act and become employees of the Agency.

(5) Public officers deployed with the Agency shall be deemed

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

(6) The Victim Support Agency shall, as from the coming into

force of this order assume responsibility for all assets, liabilities and

obligations previously entered into by the Hate Crime and Speech

Unit.

The Agency shall have the following functions and duties

(a)

ensuring that the services are run, managed and

provided in terms of the existing and approved standards from

time to time;

(b) serving as a point of contact for victims of crime, by

coordinating and make easily accessible all the different services

offered;

(c) conducts individual assessments of victims to ensure

that each victim receives the right support in a timely and

efficient manner;

(d) monitors from time to time the victims’ progress

throughout their use of the Agency’s services;

(e) enters into agreements with other governmental and

non-governmental organisations to ensure the best service for

victims of crime;

(f) referring victims to specialised services offered by

other governmental or non-governmental organisations;

(g) providing victims with information concerning their

rights, including legal advice;

(h) providing the necessary support and assistance to

victims, including;

(i)

information and follow-up about their cases,

(ii) the opportunity to provide a Victim Personal

Statement to express how the crime has affected them,

(iii) guidance about what to expect in court,

(iv) accompanying victims in Court, and

(v)

information about the release of offenders from

prison;

(i) compiling reports and record statistics of the number

of victims accessing and benefiting from victim support services;

(j) monitoring and documenting local and international

legal developments and best practices;

(k) raising awareness and advocate for victims’ rights to

encourage other victims to report and seek support;

(l) reaching out to victims to help them feel safe, process

their traumatic experience and restore their former quality of life;

(m) promoting a multidisciplinary, multiagency approach

to maintain the holistic wellbeing of victims whilst ensuring

continuity of services; and

(n)

carrying out other pertinent tasks identified by the

Agency.

The Agency shall be governed by the provisions of the

Public Finance Management Act unless otherwise authorised in the

Agency Agreement.

The operations of the Agency shall follow an Agency

Agreement which is to be agreed between the Permanent Secretary and

the Victim Support Agency.

(1) There shall be a Chief Executive Officer appointed by

the Minister, who shall have the overall responsibility for the day-to-

day running of the Agency who shall perform all the functions and

duties as stipulated in this order.

(2) The Chief Executive Officer shall report on a regular basis

to the Minister on the day-to-day running of the Agency and related

matters.

The legal and judicial representation of the Agency shall

vest in the Chief Executive Officer or in such other officer of the

Agency whom the Minister may, for this purpose, appoint from time to

time.

(1) Nothing in this order shall prejudice the provisions of

the applicable data protection law.

(2) Any processing of personal data by the Agency in relation

to the exercise of its functions, including any communication or

transfer of personal data to other government agencies, departments

and non-governmental organisations shall be strictly processed for the

purpose of the provision of the voluntary service to the service users.

(3) The controller shall retain the personal data of the service

users for a period not exceeding two (2) years from the date when the

service has been terminated.

(4) Pursuant to article 3(2), any personal data relating to

service users, held by the Malta Police Force, processed in accordance

with the provisions of the Data Protection (Processing of Personal

Data by Competent Authorities for the purposes of the prevention,

investigation, detection or prosecution of criminal offences or the

execution of criminal penalties) regulations, shall be solely and strictly

accessed by the deployed police officers in order to assess the risks and

mitigation measures which may be required in relation to the provision

of the service offered by the Agency.

(1) The Agency shall be governed by a Board of Board of

Governors.

Governors appointed by the Minister.

(2) The Board shall establish the policies to be pursued by the

Agency. In determining such policies, the Board shall follow such

policy guidelines as may be set out by the Minister.

(3)

The Board of Governors shall consist of the following

(a)

Chairperson appointed by the Minister;

(b) not less than four (4) but not more than six (6) other

Governors appointed by the Minister from among persons with a

background in Social profession, Law and Police.

(4) The Chairperson and the other members of the Board shall

be appointed for a term being not more than three (3) years, as may be

specified in the instrument of appointment. However, the members so

appointed may be re-appointed on the expiry of their term of office.

(5) The Minister may designate one of the other members of

the Board as Deputy Chairperson, and the member so designated shall

have all the powers and perform all the functions of the Chairperson

during his absence or inability to act as Chairperson, or while the

Chairperson is on vacation or during any vacancy in the office of

Chairperson.

(6) A person shall not be eligible to be appointed as

Chairperson or as a member of the Board of Governors, or hold any

other office with the Agency, if he

(a) is a Minister, Parliamentary Secretary or a member of

the House;

(b)

is a judge or magistrate of the Courts of Justice;

(c)

is legally incapacitated or interdicted;

(d) has been convicted of an offence punishable by

imprisonment for a period of six (6) months or more;

(e)

is otherwise not a fit and proper person to hold that

office.

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

member of the Board shall become vacant

(a)

at the expiry of his term of office;

(b)

if he resigns;

(c) if any circumstances arise that disqualify such

member from holding office as a member of the Board; or

(d)

if he is removed from office in terms of this article.

(8)

A member of the Board may be removed if

(a) such member is, in the opinion of the Minister, unfit

to continue in office or has become incapable of properly

performing his duties as a member;

(b) the behaviour or performance of the member brings

into question his suitability or ability to continue as a member, in

particular for behaviour that affects or may affect his reputation;

(c) the member fails to perform his duties for a prolonged

period without any valid justification.

In the Fourth Schedule to the Act, immediately after item

"Valletta Cultural Agency" there shall be added the following new

item

"Victim Support Agency To exercise and execute the functions

and duties relating to victim support in liaison with other pertinent

Agencies and Government Departments.".

€0.54