AGENCY FOR THE WELFARE OF ASYLUM SEEKERS REGULATIONS

SUBSIDIARY LEGISLATION 217.11

AGENCY FOR THE WELFARE

OF ASYLUM SEEKERS REGULATIONS

17th July, 2009

LEGAL NOTICE 205 of 2009, as amended by Legal Notice 170 of 2025.

The title of these regulations is the Agency for the Welfare

of Asylum Seekers Regulations.

In these regulations, unless the context otherwise requires

"financial year" means the financial year of the Agency which

shall commence on the 1st January and shall end on the 31st

December of each year

Provided that the first financial year shall commence upon the

coming into force of these regulations and shall end on the 31st

December of the following year;

"Minister" means the Minister responsible for immigration.

(1) There shall be an agency known as the Agency for the

Welfare of Asylum Seekers (AWAS), hereinafter referred to as "the

Agency".

(2) The Agency shall be a body corporate having a distinct

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any

kind of property for the purpose of its operations and of suing and

of being sued and to which any function or operation of

Government may be assigned under this or any other law

Provided that, and without prejudice to the provisions of

article 25 of the Public Administration Act, the Minister

responsible for the Agency shall be entitled to give directions in

writing, and the Agency and its head shall be bound to observe

such directives.

(3) The legal and judicial representation of the Agency shall lie

with the Chief Executive Officer or his representative.

(4) The Agency and its employees shall uphold and promote

the public service values and those specific to the role of the

Agency.

(1) The Agency shall enter into an agency performance

agreement with the Permanent Secretary responsible thereof, or,

where a Permanent Secretary is not appointed, with the Minister,

and such agreement shall set out the tasks to be addressed by the

Agency, the targets it is expected to meet, and the funds available

to it.

(2) The agency performance agreement may cover one or more

years and shall be renewable in accordance with such directives

and guidelines as the Principal Permanent Secretary may issue

governing the development of agency performance agreements.

AGENCY FOR THE WELFARE OF ASYLUM SEEKERS

(1) There shall be a Chief Executive Officer who shall

have the overall responsibility for the running of the Agency and

have legal representation thereof.

(2) The Chief Executive Officer shall be appointed directly by

the Minister from among public officers or from among persons

who in each case, in the opinion of the Minister, have knowledge

and experience in matters relating to asylum and asylum seekers,

and whose office will be renewable for periods of three years

Provided that the Minster may appoint an advisory board of

not less than two and not more than four members to assist the

Chief Executive Officer in the discharge of his duties.

(3) In the discharge of his duties the Chief Executive Officer

(a) maintain the highest standards of the profession in this

field;

(b) be responsible for the implementation of all legislation

relating to the welfare of the Agency’s clients;

(c) draw up business plans according to current norms and

procedures to provide for the physical, human and

technological resources necessary for the Agency to

carry out its function;

(d) draw up an Agency performance agreement setting out

the tasks to be addressed;

(e) draw up annual activity reports and audited financial

statements;

(f)

ensure that the Agency upholds the highest public

code of ethics;

(g) advise the Minister in matters falling under the

competence of the Agency; and

(h) undertake other duties that may be assigned to him

from time to time by the Minister or his representative.

(4)

(a) The Chief Executive Officer or any member of the

B o a r d m a y r e s i g n f r o m h i s / h e r o ff i c e b y l e t t e r

addressed to the Minister.

(b) The Chief Executive Officer or any member of the

Board may be removed from office by the Minister on

the grounds of gross negligence, incompetence, or acts

of omission or misconduct.

(1) The function of the Agency shall be the

implementation of national legislation and policy concerning the

welfare of refugees, persons enjoying international protection and

asylum seekers.

(2)

In the performance of its functions, the Agency shall

(a) oversee the daily management of accommodation

facilities either directly or through subcontracting

agreements;

(b) provide particular services to categories of persons

identified as vulnerable according to current policies;

(c) provide information programmes to its clients in the

areas of employment, housing, education, health and

welfare services offered under national schemes;

(d) act as facilitator with all public entities responsible for

providing services to ensure that national obligations

to refugees and asylum seekers are accessible;

(e) promote the Government’s policy and schemes

regarding resettlement and assisted voluntary returns;

(f)

maintain data and draw up reports that are considered

relevant for its own function and to provide statistics

to appropriate policy-making bodies;

(g) advice the Minister on new developments in its field of

operation and propose policy or legislation required to

improve the service given and fulfil any legal

obligations in respect of its service users;

(h) encourage

networking

with

local

voluntary

organisations so as to increase the service standards as

well as academic research;

(i)

work with other public stakeholders and, where

possible, offer its services to asylum seekers

accommodated in other reception centres not under its

direct responsibility; and

(j)

implement such other duties as may be assigned to it

by the Minister or his representative.

Without prejudice to the International Protection Act and

any subsidiary legislation made thereunder, the Agency shall, as soon

as possible, carry out an age assessment whenever there is uncertainty

as to whether a person falling under one of the following categories is

a minor

(a)

persons disembarked in Malta following a search

and rescue operation;

(b)

applicants for, and beneficiaries of international

protection relocated to Malta;

(c)

persons admitted, or who are being considered for

admission into Malta pursuant to resettlement or humanitarian

admission; and

(d)

applicants for international protection.

(1) The Agency shall draw up yearly estimates for each

financial year and submit them for the consideration of the Minister

in accordance with norms and practices established by the Minister

responsible for finance.

(2) The Agency shall be paid by Government out of the

Consolidated Fund such sums as the House may from time to time

authorise to be appropriated to meet the cost of its operational and

capital expenditure identified in its financial business plan.

(3) In the conduct of its affairs the Agency may levy fees for

services related to the on-going upkeep and maintenance of the

centres under its responsibility.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister may, after consultation with the

Minister responsible for finance, from time to time give, be applied

by the Agency to the formation of reserve funds to be used for the

purposes of the Agency; and without prejudice to the generality of

the powers given to the Minister by this sub-regulation, any

directive given by the Minister as aforesaid may order the transfer

to the Government, or the application in such manner as may be

specified in the directive, of any part of the fees, rates and other

payments levied in accordance with sub-regulation (3) or any such

excess as aforesaid.

(5) Any funds of the Agency not immediately required to meet

expenditure may be invested in such manner as may from time to

time be approved by the Minister.

(1) The Agency shall keep proper accounts and other

records in respect of its operations and shall cause to be prepared a

statement of accounts in respect to each financial year.

(2) Such accounts shall be audited by an auditor or auditors

appointed for this purpose by the Agency with the concurrence of

the Minister responsible for finance and the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require moreover that the

books and accounts of the Agency be audited or examined by the

Auditor General who shall for this purpose have the power to carry

out such physical checking and any other certifications as he may

deem necessary.

Without prejudice to any directions communicated by the

Minister under regulation 3(2), the Agency shall not, except with

the approval of the Minister granted for special reasons and after

consultation with the Minister responsible for finance, award or

enter into any contract for the supply of goods or material or for the

execution of works, or for the rendering of services, to or for the

benefit of the Agency, which is estimated by the Agency to exceed

seven thousand and five hundred euro (€7,500) or such other

amount as the Minister responsible for finance may by regulations

prescribe, except after notice of the intention of the Agency to enter

into the contract has been published and competitive tenders have

been issued in accordance with the Public Finance Management Act

as far as these apply to government agencies.

(1) The Agency shall, not later than six weeks after the

end of each financial year, make and transmit to the Minister a

report dealing generally with the activities of the Agency during

that financial year and containing an audited statement of accounts

together with such information relating to the proceedings and

workings of the Agency to fulfil its function and future plans.

(2) The report mentioned in sub-regulation (1) shall be laid on

the Table of the House by the Minister not later than six weeks after

its receipt or, where the House is not in session, not later than the

second week after the House resumes its sittings.

(1) Without prejudice to the other provisions of these

regulations, the appointment of officers and other employees of the

Agency shall be made by the Agency. The terms and conditions of

employment shall be established by the Agency with the

concurrence of the Minister.

(2) The Agency shall appoint and employ, at such remuneration

and upon such terms and conditions as it may in accordance with

sub-regulation (1) determine, such officers and employees of the

Agency as may from time to time 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

with the Organisation for the Integration and Welfare of Asylum

Seekers (OIWAS) on the date of the coming into force of these

regulations will be taken over by the Agency in terms of article 38

of the Employment and Industrial Relations Act and become

employees of the Agency.

(1) The Prime Minister may, at the request of the Agency,

from time to time direct that any public officer shall be detailed for

duty with the Agency in such capacity and with effect from such

date as may be specified in the direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein shall, unless the officer retires from

the public service, or otherwise ceases to hold office at an earlier

date, or unless a different date is specified in such direction, cease

to have effect after one year from the effective date of such

direction unless the direction is revoked earlier by the Prime

Minister.

(1) Subject to the provisions of article 34 of the Public

Administration Act, where any officer is detailed for duty with the

Agency under any of the provisions of regulation 11, such officer

shall, during the time in which such direction has effect in relation

to him, be under the administrative authority and control of the

Agency, but he shall for all other intents and purposes remain and

be considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a) shall not, during the time in respect of which he is so

detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service

attached to the appointment under the

Government held by him at a date on which he is

so detailed for duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date

aforesaid or which would have become attached

to such appointment, during the said period, had

such officer not been detailed for duty with the

Agency; and

(b) shall be entitled to have his service with the Agency

considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and under the Widows’ and

Orphans’ Pensions Act and of any other right or

privilege to which he would be entitled, and shall be

liable to any liability to which he would be liable, but

for the fact of his being detailed for duty with the said

Agency.

(3) Where an application is made as provided in subregulation

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Agency.

(4) The Agency shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned

by an officer detailed for duty with the Agency as aforesaid during

the period in which he is so detailed.

14.(1)(a) The property and undertakings owned by the

Government and used by it, immediately before the

date of the coming into force of these regulations, and

used by it for the operation of any of the functions

which by these regulations are being transferred to or

vested in the Agency shall, on the aforesaid date, by

virtue of these regulations and without further

assurance, be transferred to and be vested in the

Agency under the same title by which they were held

by the Government immediately before the said date.

The provisions of this sub-regulation shall not apply to

immovable property.

(b) The immovable assets from time to time specified in

an order made by the President of Malta and published

in the Gazette (hereinafter referred to as "the

immovable assets") being immovable assets which,

immediately before the coming into force of these

regulations, where owned by the Government and used

by it for the operation of any of the functions which by

these regulations are being transferred to or vested in

the Agency shall, with effect from such day as may be

specified in any such order, and by virtue of these

regulations and without any further assurance, be

transferred to and vested in the Agency under the same

title by which they were held by the Government

before such day.

(2) The aforesaid transfer and vesting of assets shall extend to

the whole of such property and undertakings and, without prejudice

to the generality of the aforesaid, shall include all plant,

equipment, apparata, instruments, vehicles, craft, buildings,

structures, installations, land, roads, works, stocks and other

property, movable or immovable, assets, powers, rights and

privileges and all things necessary or ancillary thereto which are

held or enjoyed in connection therewith or appertaining thereto, as

well as all obligations affecting or relating to any of the aforesaid

property or undertakings or other thing included therein as

aforesaid.

(1) When anything has been commenced by or under the

authority of the Government prior to the date of the coming into

force of these regulations, and such thing relates to any of the

properties or undertakings or any right or liability transferred to the

Agency by or under these regulations, such thing may be carried on

and completed by or as authorised by the Agency.

(2) Where, immediately before the coming into force of these

regulations, any legal proceedings are pending to which the

Government is or is entitled to be a party, and such proceedings are

related to any of the properties or undertakings, or any right or

liability transferred by or under these regulations, the Agency shall,

as from the aforesaid date, be substituted in such proceedings for

the Government, or shall be made a party thereto in like manner as

the Government could have become, and such proceedings shall not

abate by reason of the substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, as

ap p r o p r i a t e , t h e a ss e t s t r a n s fe r r e d t o t h e A g en c y b y t h e s e

regulations and securing and giving full effect to the transfer of any

property or undertaking or any right or liability to the Agency by

these regulations and make such orders as may be necessary to

make any powers and duties exercisable by the Government in

rel atio n t o any of th e t ransferred property or u ndertak in gs

exercisable by or on behalf of the Agency.