SOCIAL WORK PROFESSION g CAP. 468.  1
CHAPTER 468
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.
( )*
ACT XVII of 2003.
Short title and 
commencement.
1. (1) The short title of this Act is the Social Work Profession
Act.
(2) This Act shall come into force on such a date as the
Minister responsible for social policy may by notice in the Gazette
appoint and different dates may be so appointed for different
provisions and different purposes of this Act.
Interpretation.
''adaptation period'' means a period during which a person may
exercise the profession of social work 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;
''Board'' means the Malta Social Work Profession Board
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'';
''prescribed'' means prescribed by regulations made by the
Minister under this Act;
''proficiency test'' means 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 has 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 interaction between
individuals as well as between individuals and society in order to
*Not yet in force.
2 g CAP. 468. SOCIAL WORK PROFESSION
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.
Warrant to practise 
as social worker.
3. (1) No person can hold himself out to be a professional
social worker or perform social work against remuneration or hold
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 this article, other minimum 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.
Cap. 451.
(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
applicant is less than the duration for the course leading to the
Degree conferred by the University of Malta or when the
experience referred to in subarticle (3)( d ) is less than two years, the
Board may require the applicant to undertake such adaptation
period not exceeding twice the shortfall, as the Board may specify.
In addition the Board may also submit the applicant to a
proficiency test.
Social Work 
Profession Board.
4. (1) There shall be a Board to be known as the Malta Social
Work Profession Board which shall consist of seven members as
follows:
( a ) four members appointed by the Minister following
SOCIAL WORK PROFESSION g CAP. 468.  3
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 time be made within two weeks from a
request in writing made therefor 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 prior to the said expiry. In the
absence 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
4 g CAP. 468. SOCIAL WORK PROFESSION
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 purpose, the Board may invite any such person to attend
meetings of the Board.
(12) The Board shall keep a true and correct record of all its
proceedings and the Board shall give to the Minister such
information as he may require.
Functions of the 
Board.
5. (1) Without prejudice to its other powers and functions,
the purpose of the Board is to regulate the practice and the
eligibility to practise the profession of social work in Malta, and in
particular to-
( 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
SOCIAL WORK PROFESSION g CAP. 468.  5
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.
Applications for a 
warrant.
6. (1) Any person seeking to obtain a warrant to practise the
profession of social work in Malta shall make an application to the
Board.
(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
social work and for such specific periods as the Board may
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
warrant holder for the practice of the profession in specialised
6 g CAP. 468. SOCIAL WORK PROFESSION
social work, the Board may direct that such person shall, in
addition to the submission of such qualifications 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
effect provided that the warrant holder shall 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.
7. The Board shall consider and make its recommendations on
an application for a warrant to practice the profession of social
work as soon as is reasonably practicable but in no case later than
four months from the receipt of the application together with all the
relevant information and documentation in support of the
application. On making its recommendations to the Minister, the
Board shall concurrently notify the applicant of its
recommendations, together with the reasons upon which these were
based.
Disqualification 
from a warrant.
8. (1) A person shall not be qualified to obtain or retain a
warrant in terms of this Act if he has been convicted by any
competent court for any crime liable to imprisonment for a term
exceeding one year.
(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
misconduct, gross negligence or incompetence 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;
SOCIAL WORK PROFESSION g CAP. 468.  7
(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.
Cap. 273.
(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.
Right of appeal.
the recommendations of the Board that the warrant of a person be
suspended or cancelled or that additional conditions be attached to
such warrant, that person may, within twenty-one days of the
Minister’s notification, appeal to the Court of Appeal in its inferior
8 g CAP. 468. SOCIAL WORK PROFESSION
jurisdiction.
(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:
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,
and upon application to this effect, remove such suspension or
cancellation, if the applicant meets such requirements that may be
prescribed. Where the warrant of the social worker has been
reinstated such social worker is to be again registered in the official
register.
Associations of 
social workers.
12. (1) Any association of social workers may make an
application to the Board to be registered as an association of social
workers for the purposes of this Act.
(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 prescribed. An association 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.
13. (1) Two or more warrant holders may form a civil
partnership, in this Act referred to as a ''partnership of social
workers'', having for its exclusive object the practice of the
profession of social work and such powers as are necessary for the
attainment of the objects of the partnership.
(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 shall be entitled to the designation ''Social
Workers'' as part of its name.
(4) Every such partnership shall give to the Board such
information as the Board may reasonably require or as may be
prescribed, and shall give notice 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.
SOCIAL WORK PROFESSION g CAP. 468.  9
Provisions 
applicable to 
partnership of 
social workers.
14. (1) Notwithstanding the provisions of any other law or any
other agreement to the contrary, the following provisions shall
apply to a partnership of social workers under this Act:
( 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.
Articles applicable 
to partnerships.
15. The provisions of articles 9, 10 and 11 shall apply to
partnerships of social workers as they apply to social workers
mutatis mutandis .
Offences.
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 one
thousand liri 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
this article shall be liable on conviction to a fine ( multa ) not
exceeding five hundred liri, 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 five liri for each day during which the
offence continues, subject to a maximum of two thousand liri.
(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
10 g CAP. 468. SOCIAL WORK PROFESSION
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
training, in any case under the appropriate 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
person other than a registered 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.
Administrative 
fines.
17. Where, following an inquiry under the provisions of article
9, the Board finds a social worker guilty of any breach of
professional conduct or the Code of Ethics, the Board may impose
such penalties as the Minister may prescribe.
Regulations. 18. The Minister may, after consultation with the Board, make
regulations not inconsistent with the provisions of this Act, to give
better effect to any of such provisions and generally to regulate the
social work profession, and, without prejudice to the generality of
the foregoing, such regulations may in particular include provisions
with respect to -
( 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
SOCIAL WORK PROFESSION g CAP. 468.  11
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 five hundred
liri, 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 five liri for
each day during which the offence continues, subject
to a maximum of two thousand liri;
( k ) the administrative penalties that may be imposed by
the Board, which shall not exceed five hundred liri.
Transitory 
provisions.
19. (1) Any person who on the coming into force of this Act is
in possession of a Diploma in Applied Social Studies with an
option in Social Work or a Diploma in Social Work issued by the
University of Malta prior to December 2002, or any other
professional qualification in social work issued prior to December
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
article 3(3)( c ), between the date of such qualification and the
coming into force of this Act shall be deemed to have been
undertaken under the supervision of a registered social worker.
(3) Notwithstanding the other provisions of this Act, any
person who satisfies the Board that he has pursued social work on a
professional basis as his main occupation for at least ten years
immediately prior to the coming into force of this Act shall be
deemed to satisfy the requirements of article 3(3)( c ) and ( d ).
12 g CAP. 468. SOCIAL WORK PROFESSION
(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 its coming into force and who successfully undertakes a
proficiency test set by the Board within six months from the date of
such application.
Consequential 
amendments.
20. The enactments shown in the First Column of the Schedule
shall have the effect subject to the amendments shown in the
Second Column thereof.
SOCIAL WORK PROFESSION g CAP. 468.  13
SCHEDULE
(Article 20)
First Column Second Column
Enactment Extent of Amendments
Code of Organization 
and Civil Procedure, 
Cap. 12
1. In subarticle (2) of article 588 for the words
''marriage counsellor'' there shall be substituted the words
''social worker or marriage counsellor''.
2. Immediately after subarticle (2) of article 646 there
shall be added the following new subarticle:
''(3) No social worker who has already provided
services to a party to a suit including as an  ex
parte  expert witness according to the
provisions of article 563A of this Code may be
appointed as a referee.''.
Mutual Recognition of
Qualifications Act,
Cap. 451
The Schedule thereto shall be amended by the addition of
the following under the relative columns at the end thereof:
Regulated Profession Designated Authority Legislation
/ Professional Activity
Social Worker Minister responsible for Social Work
social policy Profession Act
