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L.S. 595.18 Ordni li Jwaqqaf l-Aġenzija SAPPORT

AĠENZIJA SAPPORT (ESTABLISHMENT AS AN AGENCY) [ S.L.595.18 SUBSIDIARY LEGISLATION 595.18 AĠENZIJA SAPPORT (ESTABLISHMENT AS AN AGENCY) ORDER 1st April, 2016 LEGAL NOTICE 104 of 2016, as amended by Legal Notice 87 of

  2. The title of this Order is the Aġenzija SAPPORT (Establishment as an Agency) Order.
  3. In this Order, unless the context otherwise requires: "Act" means the Public Administration Act; Citation. Interpretation. Amended by: L.N. 87 of
  4. Cap.
  5. "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; "Regulation (EU) 2016/679" means 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 (General Data Protection Regulation). 3.

(1)There shall be an Agency, to be known as the Aġenzija SAPPORT, which shall carry out functions related to 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 33 of the Act. Establishment of Aġenzija SAPPORT. 1 2 [ S.L.595.18 AĠENZIJA SAPPORT (ESTABLISHMENT AS AN AGENCY)
(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. Functions and duties of the Agency. 4. The Agency shall have the following functions and duties: (
  1. a)to actively promote the needs of people with disability through the principles of normalisation, social integration, empowerment and social role valorisation; (
  2. b)to actively support, through direct intervention (accommodation, recreation, guidance and education), people with disability in a community; (
  3. c)to enhance the quality of life of persons with disability through innovative personalised support, expertise, and advocacy; (
  4. 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; (
  5. e)to manage the services related to persons with disability; (
  6. f)to ensure that the services are run, managed and provided in terms of the existing and approved standards from time to time; (
  7. g)to monitor and administer pensions of clients living in residential homes; (
  8. h)to monitor service agreements concluded through the Ministry responsible for matters relating to persons disability; (
  9. i)to engage the service users in meaningful activities that enhance their ability for independent living; (
  10. j)to actively involve the service users within the community; (
  11. k)to act as support for the service users and parents / guardians; (
  12. l)to enhance service users quality of life through further training and development independent living training; (
  13. m)to encourage service users to explore and work towards employability; (
  14. n)to provide core skilled programmes such as basic skills towards independent living supported by other skills that augment quality of life; (
  15. o)to develop programmes to engage service users in as AĠENZIJA SAPPORT (ESTABLISHMENT AS AN AGENCY) [ S.L.595.18 many activities as possible within the community. Activities are to be both occupational and leisurely in nature; (
  16. p)to carry out programmes of physical and psychological well-being and activities that improve their educational, social communications, cultural, leisure, and employability skills; (
  17. q)to participate in disability-related projects and to explore initiatives which can be used as outwork, sheltered and supported employment; (
  18. r)to ensure that programmes are undertaken on levels according to the service users’ individual abilities and needs; (
  19. s)to enhance and maintain skills and foster socialisation within different peer groups; (
  20. 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; (
  21. 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; (
  22. 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; (
  23. w)to ensure that persons with disability who are service users are given a voice through support and empowerment; (
  24. 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; (
  25. 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; (
  26. z)to increase social awareness by integrating persons with disabilities - whether intellectual, physical or both - within the community and introducing them to everyday situations; (
  27. 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/caregivers. The intervention strategies or personal assistance needs shall be reviewed according to necessity to determine whether the identified outcomes 3 4 [ S.L.595.18 AĠENZIJA SAPPORT (ESTABLISHMENT AS AN AGENCY) are being achieved; (
  28. 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; (
  29. 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; (
  30. dd)to ensure the highest standards in care and social work exercised; and (
  31. 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. Power of the Agency to request information. Added by: L.N. 87 of 2025. 4A.
(1)In the performance of its functions, including but not limited to: (
  1. a)assessing the suitability or eligibility of any individual to commence or continue receiving or benefiting from its services or schemes; (
  2. b)verifying the completeness, accuracy truthfulness of any submitted information or document; or (
  3. c)ensuring the provision of appropriate and effective support, services or assistance to its service users, the Agency shall have the power to request the relevant and necessary information, including but not limited to, details regarding any financial or other benefits, health status, or disability of any service user or otherwise beneficiary and from any person, including but not limited to, any ministry, department, authority, agency, government entity, voluntary organisation or other body.
(2)Any request or consultation referred to in sub-article
(1)shall be limited to the information that is strictly necessary for the Agency to effectively fulfil its functions. Minister responsible for Agency.
(3)Any person, including but not limited to, any ministry, department, authority, agency, government entity, voluntary organisation or other body, that communicates or otherwise makes available any information to the Agency in reply to a request or consultation as referred to in sub-article
(1)shall be deemed to act lawfully. 5.
(1)The Minister responsible for Aġenzija SAPPORT shall be the Minister responsible for matters relating to persons with disability.
(2)The Permanent Secretary in the Ministry responsible for AĠENZIJA SAPPORT (ESTABLISHMENT AS AN AGENCY) [ S.L.595.18 matters relating to persons with disability, hereinafter referred to as "the Permanent Secretary", shall supervise the Agency in terms of article 29 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 14
(6)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.
  1. The Agency shall be governed by the provisions of the Public Finance Management Act unless otherwise stated in the Agency Agreement between the Permanent Secretary and Aġenzija SAPPORT, in which case the provisions of the Agency Agreement shall prevail. Financial arrangements. Cap.
  3. The operations of the Agency shall follow an Agency Agreement which is to be agreed between the Permanent Secretary and Aġenzija SAPPORT. Other special arrangements applying to the Agency.
  4. The Agency shall be headed by the Chief Executive Officer of the Agency who shall perform all the functions and duties as stipulated in the Act. Head of the Agency. 9.
(1)The Minister responsible for the Agency may establish an advisory board to assist the Chief Executive Officer in the discharge of his duties. Advisory Board.
(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. 10.
(1)The applicability of Regulation (EU) 2016/679 and the Data Protection Act, including any regulations made thereunder and the fundamental rights and freedoms of the data subjects shall not be prejudiced by this order.
(2)When the Agency is acting in its capacity of a controller in terms of Article 4
(7)of the Regulation (EU) 2016/679 shall perform the relevant data processing operations which are strictly necessary for the purposes of this order.
(3)Where the personal data communicated or otherwise made available to the Agency by virtue of this order or any other law in the performance of its functions, includes data other than that required for the purposes for which such data was communicated or otherwise made available to, the Agency shall immediately erase such data upon receipt.
(4)The processing of personal data, including special categories of personal data, for the purposes of this order shall be in conformity with the provisions of Article 5 of Regulation (EU) Processing of personal data. Added by: L.N. 87 of
  1. Cap.
  2. 5 6 [ S.L.595.18 AĠENZIJA SAPPORT (ESTABLISHMENT AS AN AGENCY) 2016/679, and the said personal data shall not be further processed in a manner that is incompatible with the purposes of this order.
(5)The processing of personal data for research and statistical purposes shall be subject to appropriate safeguards pursuant to Regulation (EU) 2016/679 for the rights and freedoms of the data subjects: Provided that the said safeguards shall ensure that the appropriate technical and organisational measures are implemented in particular to ensure compliance with the principle of data minimisation as established in Article 5
(1)(c) of Regulation (EU) 2016/679, which measures may include pseudonymisation. Appropriate safeguards. Added by: L.N. 87 of 2025. 11.
(1)The Agency, while taking into account the nature, scope, context and purposes of processing, as well as the risks of varying likelihood and severity for the rights and freedoms of the data subjects, both at the time of the determination of the means for processing as well as at the time of the processing itself, shall implement appropriate technical and organisational measures, in an effective manner and integrate the necessary safeguards into the processing in order to protect the rights of the data subjects and to ensure a level of security appropriate to the risk.
(2)The data protection officer designated by the Agency in accordance with Article 37
(1)(a) of Regulation (EU) 2016/679 shall be involved and consulted properly and in a timely manner on all matters in relation to the protection of personal data processed for the purposes of this order.
(3)For the purposes of ensuring and to be able to demonstrate that the processing of personal data is performed in accordance with the provisions of Regulation (EU) 2016/679, the Agency shall implement the appropriate data protection policies, which policies shall be periodically reviewed and updated where necessary.

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