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Maltese Laws |
SOCIAL WORK PROFESSION ACT
To make provision for the regulation of the social work profession and to provide for matters connected therewith or ancillary thereto.
1st June, 2004
ACT XVII of 2003, as amended by Legal Notice 427 of 2007.
Act.
''adaptation period'' means a period during which a person may exercise th e pro f essio n of soci al wo rk in Malta
under the supervision of a registered social worker, which period may include
the provision of such further training to such person, as may be required by the Board, at the end of which an assessment shall be
carried out;
''B o ar d'' me ans the M a lta S o cia l Wo rk Profe s s i on B o ard established by article 4;
''Minister'' means the Minister responsible for social policy;
''practise'' in relation to the profession of social work, includes: (a) the taking up or pursuit of the profession of social
work; and
(b) the use, in the course of such pursuit, of the professional title of ''Registered Social Worker''
or the designatory letters ''RSW'';
' ' p rescri bed ' ' means pr escr ib ed by r e gu lat i o n s made by t h e
Minister under this Act;
''proficiency test'' m eans a test having the aim of assessing a person’s ability to pursue the profession of social
work in Malta, as may be required by the Board in accordance with the provisions of this Act;
''registered social worker'' or ''social worker'' means a person who is registered in the official
register of social workers kept by the Board and who h a s been granted a warrant to practise the profession of social work, in
accordance with article 6;
''social work'' means the professional service that is performed to promote or restore a mutually beneficial in teraction
between individuals as well as between individuals and society in order to improve the quality of life, by aiding persons in receipt
of such services to understand, resolve and prevent personal, interpersonal, family or social problems;
''warrant'' means a warrant, issued under article 6.
Short title. Interpretation.
Warrant to practise as social worker.
Cap. 451.
himself to be professionally qualified to do so or assume the title or designation of a registered social worker unless he is the
holder of a warrant issued under this Act.
(2) The warrant under subarticle (1) shall not entitle the holder thereof to exercise the profession in such areas of specialised
social work as may be prescribed by the Minister as requiring additional qualifications and, or, training, unless the warrant so
specifies.
(3) A person shall not qualify for a warrant unless such person -
(a) is a Maltese citizen, or is otherwise permitted to work in Malta under any law; and
(b) is of good conduct; and
(c) is in possession of the Honours Degree in Social Work conferred by the University of Malta or of another professional
qualification as the Board may deem equivalent;
(d) satisfies the Board that he has received adequate experience in the practice of the profession of social work for an aggregate
period of at least two years full- time or its equivalent in part-time following the completion of such degree or such other
professional qualification under the supervision of a registered social worker.
(4) The Minister may prescribe, in place of any of the minimum requirements established under the foregoing provisions
of t h i s ar ti cle, ot her m i n imu m requirements in terms of any international or multinational treaty or agreement entered
into by Malta or with the provisions of any legislation the binding force of which derives from any such treaty or agreement.
(5) Without prejudice to any provision made by or under the Mutual Recognition of Qualifications Act, where the duration of a course leading to the professional qualification possessed by an appl ican t is less t han the du ration
for the course leading to the Degree conferred by the Univers i ty of Malta or when the experience referred to in subarticle (3)(d) is less than two years, the Board may require th e appl icant to un dert ake such adap tat i on period not exceeding twice the
shortfall, as the Board may specify. In addition the Boar d may also subm it the applicant to a proficiency test.
Social Work
Profession Board.
(a) four members appointed by the Minister following consultation with any association, if any, registered with the Board
in accordance with the provisions of this Act, of whom:
(i) one shall be a chairperson who shall be of recognised standing in the social work profession having
at least six years experience
in social work practice or social policy;
(ii) one social worker who performs social work duties within the public sector;
(iii) one social worker who performs social work duties within a non-governmental social welfare organisation; and
(iv) one person who shall be an advocate with at least five years experience;
(b) (i) two members nominated by such associations registered with the Board if any, in accordance with the provisions
of this Act and appointed by the Minister;
(ii) one social worker nominated by and from amongst the permanent academic staff responsible for
social work and social policy education and training at the University of Malta:
Provided that in relation to the first appointments under this article, ''social worker'' means any person who is
qualified to be registered under this Act:
Provided further that for the purpose of paragraphs (a) and (b), the associations to be consulted or to make the nominations in relation to the first appointment shall be any association
that has the qualifications to be eventually registered under this Act.
(2) The nominations made in terms of subarticle (1)(b)(i) and (ii ) shall , for the first tim e be m a de wit h in two weeks from a req u est in writ in g m a d e th erefor by the Minister,
and for any subsequent nomination, within one month from the occurrence of any vacancy or when the vacancy arises due to the expiry
of the term of office within one month pri or to the said expiry. In the absen c e of any such nomination, the Minister shall make
the appointment from amongst social workers.
(3) Members of the Board shall hold office for a term of two years:
Provided that the term of office for the first members of the Board appointed under subarticle (1)(a)(i), (ii) and (iii), shall be of three years and the second or any subsequent appointment made on the lapse of this initial term
shall be for a term of two years.
(4) Members of the Board shall, on the expiration of their term of office, be eligible to be reappointed, but they may not serve
the Board for more than three consecutive terms.
(5) In the event that any Board member vacates his office before completing the appointed term, the person appointed in
his stead shall be appointed for the unexpired period of the original appointment.
(6) The number of members necessary to form a quorum shall be four, but subject to the presence of a quorum, the Board may act
notwithstanding any vacancy among its members.
(7) The Minister shall designate a public officer to act as secretary to the Board, but such secretary shall not have
a vote.
(8) The chairperson of the Board shall have both an original vote and, in the case of a tie, a casting vote.
(9) Save as aforesaid and as may be prescribed, the Board may make its own rules and otherwise regulate its own procedures.
(10) The meetings of the Board shall be summoned by the Chairperson and the Board shall meet as often as may be necessary
but at least once every three months.
(11) In the exercise of its functions under this Act, the Board may consult with such persons as it may deem appropriate. For such
pu rpose, th e Board may in vite any such person to at tend meetings of the Board.
(12) The Board shall keep a true and correct record of all its pro c eedings and the Board shall give to the Minister such information
as he may require.
Functions of the
Board.
(a) establish and, where necessary, assess existing social work standards and develop new continuing social work professional
development and other standards, and recommend to the Minister in relation to initial and continuing social work education,
proficiency, experience and other qualifications required for holding a warrant under this Act;
(b) consider, process and make recommendations to the Minister with regard to applications for equivalence and recognition of
qualifications in social work;
(c) examine applications for a warrant to practise the profession of social work in Malta and make recommendations
to the Minister on the award or refusal thereof;
(d) keep an official register of all registered social workers;
(e) keep an official register of all partnerships of social workers;
(f) keep such information as may be required in relation to associations representing social workers in Malta, registered under
the provisions of this Act;
(g) make recommendations to the Minister on the definition of specialised social work practice and the qualifications
necessary to practise in specialised social work, and to recommend to the Minister the granting of warrants to this
effect;
(h) make recommendations to the Minister on the code of ethics to be prescribed for the professional behaviour
of social workers; such recommendations shall be made following consultation with the associations registered under the
provisions of this Act;
(i) inquire into any allegation of professional misconduct, gross negligence or incompetence by a social worker;
(j) advise, or make recommendations or otherwise express its views to the Minister on any matter on which the
Minister is to consult with the Board or on which the Board is to make recommendations to the Minister or on which the opinion
or recommendation of the Board is sought by the Minister;
(k) perform such other functions as may arise from this Act or any other law, or as may be assigned to it by the Minister.
(2) The Board shall, not later than three months after the end of each year, publish in the Gazette, a list of persons who on the
31st December of the said year, were registered in the official register of social workers, and a list of partnerships registered
in the official register of partnerships of social workers.
(3) The Board shall draw up and publish an annual report, concerning its general operations.
(2) If the Board is satisfied that the applicant satisfies the minimum requirements established under this Act, it shall
make a recommendation to the Minister for the issue of a warrant.
(3) Where, following an adaptation period where necessary, the Board is satisfied that the applicant has successfully completed
his training, the Board shall make a recommendation to the Minister for the issue of a warrant.
(4) For the purpose of establishing whether an applicant has successfully completed his training as aforesaid, the Board may submit
the applicant to a proficiency test under the provisions of this Act.
(5) A warrant issued by the Minister under this Act may be issued subject to such limitations or conditions as the Board may recommend
in any particular case. Such warrant may include such special conditions and such authorisation to practise in specialised s o cia
l work and for s u ch s p ec ific pe riods a s the Board ma y recommend in accordance with the provisions of this Act and any regulations
made thereunder.
(6) In the consideration of an application by any person or by a warra nt holder for the practic e of the profession in spe cialised
s o cial work, the Board may direct th at such person sh all , in add iti on to t h e sub missi on of su ch qu ali f ication s as
may be prescribed, undertake and successfully complete such training or adaptation period as the Board may indicate.
(7) A warrant issued under this Act shall continue to have
Applications for a warrant.
ef fect provided that the warrant ho lder sh all prove to the satisfaction of the Board that he has carried out such programme or
programmes of continuing professional development as may be prescribed:
Provided that when the warrant holder fails to prove to the satisfaction of the Board that he has carried out such programme or programmes
of continuing professional development, his warrant shall be considered suspended until such time as he proves to the satisfaction
of the Board that he meets the requirements that may be prescribed.
Decisions of the
Board.
Disqualification from a warrant.
(2) Where a person loses his warrant following a conviction as is referred to in the preceding subarticle, notice of such loss
shall be given by the Minister in the Gazette and shall be communicated by the Board to the person disqualified unless the person
has been interdicted by the judgement itself.
(3) The Minister may, at any time, on the recommendation of the Board, reinstate a person who has lost his warrant or grant a warrant
to a person who is disqualified in terms of subarticle (1).
Discipline. 9. (1) The Board shall inquire into any alleged professional m i sconduct, gross neglig en ce or i n comp et ence in relation to a social worker.
(2) For the purposes of this article, the terms ''professional misconduct'', ''gross negligence'',
or ''incompetence'', include the following:
(a) obtaining a warrant in a deceitful or fraudulent manner;
(b) contravention against the Code of Ethics established under this Act;
(c) failure to comply with regulations with respect to professional standards or practice;
(d) failure to comply with any condition attached to the warrant issued under this Act;
(e) use of therapeutic interventions or assumption of professional competence for which the person is not qualified or the
person concerned is not authorised to
practise in terms of his warrant;
(f) acting in a manner which may be detrimental to the social work profession;
(g) displaying lack of knowledge, skill or judgement in the practice of the profession of social work or in carrying out of a duty
or obligation undertaken in the practice of social work.
(3) Any social worker who is the subject of any inquiry carried out by the Board shall be given all the opportunity to make his
defence and bring any evidence in his favour and for such purpose he may be represented by a lawyer or by any other person of his
choice.
(4) On finalising the inquiry the Board shall -
(a) if it finds in favour of the social worker, dismiss the case; or
(b) if it finds the social worker guilty of the alleged professional misconduct, gross negligence or incompetence,
make a report of its findings and submit it to the Minister together with its recommendation for the imposition of any of the following
penalties:
(i) suspension or cancellation of the warrant subject to such conditions as may be recommended;
(ii) suspension or cancellation of the registration of a partnership of social workers;
(iii) imposition of conditions to be attached to a warrant;
(iv) reprimand;
(v) payment to cover the costs of the inquiry;
(vi) order the waiver, reduction or refund of any fees charged for services rendered; or
(vii) any other penalty as may be prescribed.
(5) On the cancellation of the warrant of a social worker the Board shall strike off the name of such person from the official
register of social workers.
(6) For the purpose of this article, the members of the Board have the powers that are or may be conferred under the Inquiries Act, and shall conduct their inquiry as provided for in the same Act.
Cap. 273.
(2) The Minister responsible for justice may make regulations prescribing the fees that shall be payable in the Registry of the Court in connection with appeals under this article:
Right of appeal.
Provided that until such time as fees are so prescribed by the Minister responsible for Justice, the fees payable with respect to
appeals to that Court shall be the fees applicable to the Court of Magistrates (Malta).
Cap. 12. (3) The Board established under article 29 of the Code of Organization and Civil Procedure shall make rules establishing the form of such appeals and any other matters related thereto.
Reinstatement. 11. The Minister may, on the recommendation of the Board, an d up on ap pl icat io n to t hi s effe ct, remove such suspension or cancellation, if the applicant meets such requirements that may be pre s cribed. Where the wa rrant of the social worker has been reinstated such social worker is to be again registered in the official register.
Associations of social workers.
(2) An association shall be qualified to be registered under this article if it proves to the Board that it has a membership of
at least ten registered social workers and that it conforms with such other conditions as may be prescrib ed. An assoc i ation shall
submit together with the application a list of members and such other information as the Board may require to process the application.
(3) The Board shall have the power to require any association registered under this article to produce such records and information
regarding the association and its members as the Board may reasonably require from time to time.
Partnership of social workers.
(2) No person other than a warrant holder may be a partner in a partnership of social workers.
(3) Any such partnership shall, when duly formed according to law and on payment of the prescribed fee be registered with the
Board, and upon registration the partners shall, for as long as it is so registered, be authorised to act in the name and on behalf
of the partnership which sh al l be ent itled t o the d e sig n ation ''Social Workers'' as part of its name.
(4) Every such partnership shall give to the Board such information as the Board may reasonably requ ire or as may be
prescribed, and shall give notic e to the Board of any relevant changes in any information previously given to the Board within
fifteen days after the date on which the change occurs.
Provisions applicable to partnership of social workers.
(a) the partners shall be jointly and severally responsible
for the actions and omissions of each and every one of them in the performance of their professional duties, the maintenance of the
required professional standard and conduct and generally in the fulfilment of their obligations under this Act or any other applicable
law, and shall also be jointly and severally liable for any loss or damage resulting therefrom;
(b) any act or thing that may be done by a warrant holder may be done by one or more of the partners in the name of the partnership;
and any act or thing done in the name of the partnership shall be done by one or more of the partners;
(c) the responsibilities and liabilities for anything done or omitted to be done during the period in which a person was a partner
in a partnership of social workers shall not cease, in respect of such person, by his retirement, death or other cause by
which he ceases to be a partner.
(2) Notwithstanding the forgoing provisions of this article, no partner shall exercise the profession of social work in a specialised
area if he is not so entitled by virtue of his warrant unless he is acting under the supervision of a partner who is in possession
of a warrant that entitles him to perform social work in such specialised area.
15. The provisions of articles 9, 10 and 11 shall apply to partnerships of so cial workers as they apply to so cial worker
s mutatis mutandis.
16. (1) Any person who for the purpose of obtaining a warrant or registering a partnership of social workers under the provisions of
this Act, gives any wrong information or otherwise acts in a deceitful or fraudulent manner shall be guilty of an offence and shall,
on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment not exceeding
twelve months or to both such fine and imprisonment.
(2) Any person who is found guilty of any other offence against th is arti cle sh all b e li abl e on co nv ic ti on t o a fi
ne ( mu lta ) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to three months imprisonment or
to both such fine and imprisonment, and in the case of a continuing offence to a fine (multa) of eleven euro and sixty-five cents (11.65) for each day during which th e offen c e co ntinu e s, su bject to a maximum of four
thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75).
(3) Any person who, not being the holder of a warrant issued under this Act, practises the profession of social work or assumes
the designation of, or purports to be, a social worker or carries out any social work in contravention of the provisions of this
Act, shall be guilty of an offence against this article.
(4) Any person who uses the words ''Social Workers'' in
Articles applicable to partnerships.
Offences.
Amended by:
L.N. 427 of 2007.
Administrative fines.
Regulations.
Amended by:
L.N. 427 of 2007.
relation to a partnership of social workers where such partnership is not registered in accordance with the provisions of this Act,
or in any manner whatsoever makes use of a name falsely implying the existence of a partnership of social workers registered as aforesaid
shall be guilty of an offence against this article.
(5) For the purposes of subarticles (2) and (3), the use on any card, letterhead, sign, board, plate, advertisement or other written,
printed or engraved device, instrument or document, of the words
''Social Worker'', ''Registered Social Worker'' in relation to a name or ''Partnership of
Social Workers'' or ''Social Workers'' in relation to a partnership, shall be sufficient evidence of the
knowledge of
such use by any person in relation to whose name or partnership the said words are used, unless such person prove that the use of
such words was made without their knowledge and that upon becoming
aware of the use he took adequate steps to stop it.
(6) For the purpose of this article, a person shall not be deemed to be in contravention of the provisions of this Act if such
person is performing social work during an adaptation period or when in train i ng, in any case under the app r opriate supervision
of a registered social worker and subject to such regulations as may be prescribed.
(7) Subject to the provisions of the immediately preceding subarticle, no person or any other organisation shall employ
any p erson ot her th an a regi stered social worker for the purpose of practising social work.
(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.
9, the Board finds a social wor k er guilty of any breach of
professional conduct or the Code of Ethics, the Board may impose such penalties as the Minister may prescribe.
(a) the establishment of social work practice, standards, procedures and other duties and practices to be followed
by social workers, either generally or in particular fields of activity;
(b) the professional conduct and code of ethics of social workers and the standards of competency and integrity to be kept by the
profession;
(c) the requirements in relation to continuing professional development for the maintenance of a warrant;
(d) the work which can be performed and the services
which can be rendered in terms of a warrant, and the terms and conditions which can be attached to such warrant, and the additional
qualifications necessary for warrants providing for the practice of the profession of social work in specialised practice;
(e) the fees that may be charged by the Board in connection with the application for the issue of a warrant,
for the making of any registration under this Act, and for any other operations that may be carried out by the Board in accordance
with the provisions of this Act;
(f) the fees that may be charged by social workers for their professional services;
(g) the procedures to be followed in cases of professional misconduct;
(h) any other procedures that may be adopted by the
Board;
(i) any matter which is required or is authorised by this
Act to be prescribed;
(j) the punishments, penalties and other consequences and effects to which a person may become liable or which may take place in the
event of any contravention of, or non-compliance with, any provision of any regulation under this article; sohowever that no punishment
so prescribed shall exceed a fine (multa) of one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or imprisonment for a term of three
months, or both such fine and imprisonment, and, in the case of a continuing offence, to a fine (multa) of eleven euro and sixty-five cents (11.65) for each day during which the offence continues, subject to a maximum of four
thousand and six hundred and fifty- eight euro and seventy-five cents (4,658.75);
(k) the administrative penalties that may be imposed by the Board, which shall not exceed one thousand and one hundred and sixty-four
euro and sixty-nine cents (1,164.69).
2002 deemed by the Board to be equivalent to any of the aforesaid diplomas shall be deemed to have satisfied the provisions of article
3(3)(c).
(2) For the purposes of article 3(3)(d), any experience gained by any person who has obtained the qualification referred to in artic l e 3(3)( c ), bet w een the date of such q u al ificat ion and the coming into force of this Act shall be deemed to have been undertaken under
the supervision of a registered social worker.
Transitory provisions.
(3) Notwithstanding the other provisions of this Act, any person who satisfies the Board that he has pursued social work
on a p rofessional basi s as hi s mai n o ccupation for at least ten years immedi ately pr ior to th e coming into force of this
Act shall be deemed to satisfy the requirements of article 3(3)(c) and (d).
(4) The provisions of subarticle (3) shall only apply in relation to a person who applies for a warrant under this Act within one
year from it s comin g int o force and who su ccessfully und ertakes a proficiency test set by the Board within six months from the
date of such application.
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