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L.S. 627.01 Regolamenti dwar il-Mekkaniżmu Nazzjonali ta’ Koordinazzjoni għall-Konvenzjoni UNCRPD

UNCRPD NATIONAL COORDINATION MECHANISM [ S.L. 627.01 1 SUBSIDIARY LEGISLATION 627.01 UNCRPD NATIONAL COORDINATION MECHANISM REGULATIONS 14th November, 2023 LEGAL NOTICE 209 of

  1. PART I – INTRODUCTORY PROVISIONS
  2. The title of these regulations is the UNCRPD National Coordination Mechanism Regulations, and these regulations shall be read and construed as one with the United Nations Convention on the Rights of Persons with Disabilities Act, hereinafter referred to as "the principal Act".
  3. For the purposes of these regulations: " "Act" means the United Nations Convention on the Rights of Persons with Disabilities Act"; Citation.   Cap.
  4. Interpretation. Cap.
  5. "Convention" or "UNCRPD" means the United Nations Convention on the Rights of Persons with Disabilities adopted by the General Assembly by its resolution 61/106 of 13 December 2006 that entered into force on 3 May 2008, and which the Government of Malta signed on 30 March 2007 and ratified on 10 October 2012; "DDI" means the same as the meaning assigned to it in the Act; "ENGAGE" means the same as the meaning assigned to it in the Act; "Minister" means the same as the meaning assigned to it in the Act; "Permanent Secretary" means the Permanent Secretary within the Ministry responsible for disability and the development of this sector; "registered voluntary organisation" means the same as the meaning assigned to "voluntary organisation" in the Voluntary Organisations Act.".
  6. There shall be a national coordination mechanism within DDI, to facilitate necessary action in connection with the Act, in different sectors and at different levels, within the meaning of Article 33

(1)of the Convention, referred to as the UNCRPD National Coordination Mechanism, composed of the Inter-Departmental Coordination Committee, that shall be referred to as "IDCC", and of the Inter-Ministerial Administrative Committee on Disability, that   Cap. 492. UNCRPD National Coordination Mechanism. 2 [ S.L. 627.01 UNCRPD NATIONAL COORDINATION MECHANISM shall be referred to as "IACD". Secretary. 4.
(1)The Minister after consultation with the Permanent Secretary shall appoint a secretary to perform necessary administrative and clerical tasks required for the proper functioning of the UNCRPD National Coordination Mechanism.
(2)Said appointment shall be effected for a period of five
(5)years, and the secretary shall be eligible for re-appointment when his period in office lapses. Repeal of Planning and Development of Service Provision Needs Regulations. S.L. 413.
  2. The Planning and Development of Service Provision Needs Regulations are hereby being repealed. PART II – INTER-DEPARTMENTAL COORDINATION COMMITTEE Inter-Departmental Coordination Committee.
  3. There shall be a committee within the UNCRPD National Coordination Mechanism within DDI, referred to as the InterDepartmental Coordination Committee "IDCC". Composition.
  4. persons:-
(1)IDCC shall be composed of the following (
  1. a)the Director responsible for DDI or his representative, who shall also be ex officio Chairperson of the IDCC; (
  2. b)the following members in an ex officio capacity: (
  3. i)the representative; permanent secretary or his (
  4. ii)the Chief Executive Officer of Aġenzija Sapport or his representative; (iii) the Chief Executive Officer of the Social Care Standards Authority or his representative; (
  5. iv)policy advisors attached to DDI;
(2)The Chairperson can also invite representatives of other government entities, service providers or individuals on an ad hoc basis for a specific meeting, in view of discussions on specific meeting agenda items that would benefit from the involvement of said representatives or individuals: Provided that these representatives shall not have a vote in the case that a vote is taken and should not be considered for the purpose of reaching a quorum. UNCRPD NATIONAL COORDINATION MECHANISM [ S.L. 627.01 8.
(1)IDCC shall be convened by the Chairperson, and a meeting agenda as circulated to members by the secretary shall be comprised of any one
(1)or more of the following items: 3 Meetings, quorum and voting. (
  1. i)items placed on the agenda by the Chairperson, following requests by members of IDCC; (
  2. ii)substantive items related to legislation, policy or strategy referred to it by ENGAGE; (iii) agenda items that follow up previously discussed items; (
  3. iv)reports of IACD meetings and sub-committee meetings transmitted to the IDCC.
(2)quorum. A simple majority of members of IDCC shall constitute a
(3)IDCC shall act by a majority vote of its serving members present and voting. In the case of equality of votes, the Chairperson shall have the right to exercise the casting vote.
(4)The Chairperson, assisted by the Secretary, shall conduct follow-up steps to ensure implementation of decisions adopted at a previous IDCC meeting, by liaising with entities and individuals identified.
  1. IDCC shall refer all major substantive points related to legislation, policy or strategy brought before it to ENGAGE, for deliberation on said points by ENGAGE, the results of such deliberations are to be conveyed to IDCC. Relationship with ENGAGE. PART III – INTER-MINISTERIAL ADMINISTRATIVE COMMITTEE ON DISABILITY
  2. There shall be a committee within the UNCRPD National Coordination Mechanism within DDI, referred to as the InterMinisterial Administrative Committee on Disability "IACD". Inter-Ministerial Administrative Committee on Disability. 11.
(1)IACD shall be composed of the Permanent Secretaries of every line Ministry or their representatives, and the Director responsible for DDI, and the Permanent Secretary or his representative shall be the ex officio Chairperson of the IACD. Composition, meetings and reporting.
(2)IACD can be convened by the Chairperson: (i) in its full formation, with a minimum of two
(2)such meetings convened every year, wherein general matters and updates are also discussed; or (ii) by calling a meeting bringing together specific 4 [ S.L. 627.01 UNCRPD NATIONAL COORDINATION MECHANISM Permanent Secretaries or their representatives, depending on the thematic nature of the items on the agenda for a specific IACD meeting.
(3)The Chairperson can also invite representatives of other entities or other individuals on an ad hoc basis for a specific meeting, in view of discussions on specific meeting agenda items that would benefit from the involvement of said representatives or individuals: Provided that these representatives shall not have a vote in the case that a vote is taken and should not be considered for the purpose of reaching a quorum.
(4)The Chairperson shall cause a report of all IACD meetings and sub-Committee meetings to be transmitted to the IDCC, through a written brief, which are subsequently discussed as a specific agenda point at the next scheduled IDCC meeting. Sub-committees. 12.
(1)IACD can resolve to create standing or ad hoc subCommittees dealing with specific matters, as IACD may decide, from time to time.
(2)The terms of reference and operating procedures for subcommittees may be decided upon by IACD, or promulgated through specific regulations.
(3)The Inter-Ministerial Interdisciplinary Professional Board on Disability, that shall be referred to as "IIPBD", is being set up as a standing sub-committee of IACD as follows:(
  1. a)the functions of IIPBD shall be as follows: (
  2. i)to serve as the professional branch of IACD; (
  3. ii)to identify the nature and extent of services required by every disabling condition at different ages, so as to contribute towards the compilation of individual life-course services support plans; (iii) to develop reference benchmarking for disabling conditions by age cohorts; (
  4. iv)to review the reference benchmarks every two
(2)years through the utilisation of methods and samples as agreed by IIPBD; (
  1. v)to promote the use of standardised evidence-based tools in line with recommendations based on the Convention; UNCRPD NATIONAL COORDINATION MECHANISM [ S.L. 627.01 5 (
  2. vi)to keep IACD updated on developments through the submission of a progress report once every six
(6)months as at the end of June and at the end of December; (vii) to advise IACD on the introduction of new services for persons with disability; (viii) to address any other requirements that may evolve from the decisions taken by the IACD. (
  1. b)the composition of IIPBD shall be as follows: (
  2. i)Secretary; a Chairperson appointed by the Permanent (
  3. ii)a lead physiotherapist nominated by the Ministry responsible for health; (iii) a lead occupational therapist nominated by the Ministry responsible for health; (
  4. iv)a lead speech and language therapist nominated by the Ministry responsible for health; (
  5. v)a managing psychologist nominated by the Ministry responsible for education; (
  6. vi)a leading officer (not below Scale 5) with knowledge in the field of disability nominated by the Ministry responsible for education; (vii) two
(2)leading officers within Aġenzija Sapport, having a professional background, nominated by the Permanent Secretary: Provided that the Chairperson may invite other professionals to a specific meeting, when the expertise of such professionals would be beneficial to the discussion in respect of a specific agenda point during such meeting.
  1. Decisions of the IACD shall be referred by the Chairperson to the Minister, for further deliberations and decisions at a political level, including eventual reference to the Cabinet of Ministers. Relationship with the Ministry. PART IV – DATA PROTECTION
  2. DDI, IACD, and all sub-committees of IACD in terms of regulation 12 shall, in the performance of their functions, have the power to require any Government institution, Government agency, public authority, educational institution, health institution, entities in Power to request information. 6 [ S.L. 627.01 UNCRPD NATIONAL COORDINATION MECHANISM private or social partnership with Government, and registered and unregistered voluntary organisations, providing services in the field of disability, to furnish them with all the information that they may require in the performance of their functions and duties:         Cap.
  3. Provided that, except so far as may be necessary for the proper discharge of their functions and duties, officers within DDI, IACD, and all sub-committees of IACD shall be bound to observe secrecy in regard to any information furnished to them under these regulations, ought to be treated as secret, and the provisions of article 133 of the Criminal Code shall apply to any wilful breach of such duty: Provided further that, for the purposes of this paragraph all officers of DDI, IACD, and all sub-committees of IACD are to take an oath of secrecy. Processing of personal data. Cap.
  4. 15.
(1)Nothing in these regulations shall prejudice 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.
(2)The Ministry responsible for disability and the development of this sector, 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 these regulations.
(3)Where the personal data transferred to the controller by virtue of these regulations includes data other than that required for the purposes of these regulations, the controller shall delete such data immediately and permanently upon receipt.
(4)The processing of personal data for the purposes of these regulations shall comply with the principles relating to the processing of personal data pursuant to Article 5 of Regulation (EU) 2016/679, and said personal data shall not be further processed in a manner that is incompatible with the purposes of these regulations.
(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. These safeguards shall ensure that technical and organisational measures are in place in particular to ensure compliance with the principle of data minimisation as set forth in Article 5
(1)(c) of Regulation (EU) 2016/679, which measures may include pseudonymisation. Appropriate safeguards. 16.
(1)The controller, 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 UNCRPD NATIONAL COORDINATION MECHANISM [ S.L. 627.01 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 to 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 controller in terms of Article 37 of Regulation (EU) 2016/679 shall be involved and consulted properly and in a timely manner on all issues in relation to the protection of personal data processed for the purposes of these regulations.
(3)For the purpose of ensuring and to be able to demonstrate that the processing of data is performed in accordance with the provisions of Regulation (EU) 2016/679, the controller shall implement the appropriate data protection policies, which policies shall be periodically reviewed and updated where necessary.
  1. In respect of all processing of personal data pursuant to these regulations, every data subject shall have the right of access, rectification, erasure and restriction, including the right to lodge a complaint with the Information and Data Protection Commissioner, the right to compensation and judicial redress as laid down in the Data Protection Act and Regulation (EU) 2016/
  2. Protection of the rights of the data subjects. 7

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