Chapter 468

[ CAP. 468. SOCIAL WORK PROFESSION 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. 1st June, 2004 ACT XVII of 2003, as amended by Legal Notice 427 of 2007; and Acts XXIX of 2016, XXI of 2020 and XV and XXXI of 2024 . 1. Act. 2. The short title of this Act is the Social Work Profession Short title. In this Act, unless the context otherwise requires: Interpretation. Amended by; XXIX. 2016.2; XV.2024.2. ''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; ' ' B o a r d' ' m e a n s t h e M a l t a S o c i a l Wo r k P r o f e s s i o n B o a r d established by article 4; ''evidence of formal qualifications'' shall have the same meaning as assigned to it by the Recognition of Professional Qualifications Regulations; ''higher education qualification'' shall have the same meaning assigned to it by the Mutual Recognition of Higher Education Qualifications in the European Region Regulations; ''Minister'' means the Minister responsible for social welfare; ''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 right to use, in the course of such pursuit, the profession of a warrant, or the professional title of "Registered Social Worker", or the designatory letters "RSW", or the professional title of "Social Worker" followed by the warrant number; ''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; ''recognised degree in social work'' means the Honours Degree in Social Work issued by the University of Malta or issued by the Malta C o l l e g e o f A r t s , S c i e n c e a n d Te c h n o l o g y o r t h e f o r m a l acknowledgment by the Board of the value of a higher education qualification held by the applicant with a view to allowing him to gain access to and pursue in Malta the social work profession; S.L. 451.03 S.L. 451.02 2 [ CAP. 468. SOCIAL WORK PROFESSION ''registered social worker'' means a person who is in possession of a warrant to practise the profession of social work obtained in accordance with article 6 and is registered in the official register of warranted social workers kept by the Board; ''social work'' means a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work. Underpinned by theories of social work, social sciences, humanities and indigenous knowledge, social work engages people and structures to address life challenges and enhance wellbeing; ''social worker'' means a person who is in possession of a warrant to practise the profession of social work obtained in accordance with article 6 and is registered in the official register of registered social workers, or is in possession of a recognised degree in social work and is practising the profession of social work under the supervision of a registered social worker; ''warrant'' means a warrant, issued under article 6. Warrant to practise as social worker. Amended by; XXIX. 2016.3; XV.2024.3. 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 warranted social worker unless he is the holder of a warrant issued by the Board: Provided that sub-article (1) shall not apply to a person who is in possession of a recognised degree in social work and is practising the profession of social work in accordance with the proviso to sub-article (3)(e): Provided further that a person who is not in possession of a warrant shall not use the title of "Registered Social Worker" or the designatory letters "RSW", but shall use the title "Social Worker" or the designatory letters "SW".. (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. Cap. 451. (3) Without prejudice to any provision of, or any regulation made by or under, the Mutual Recognition of Qualifications Act, 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; (b) is of good conduct; (c) has his name entered in the register of registered social workers; (d) is in possession of a recognised degree in social work; (e) satisfies the Board that he has received adequate experience in the practice of the profession of social work for an aggregate period of not less than two years full-time or the equivalent to that period on part-time SOCIAL WORK PROFESSION [ CAP. 468. basis of not more than six years from commencement of practice under the supervision of a registered social worker, or is in possession of evidence of formal qualifications; (f) satisfies the Board that there has not been any professional misconduct, gross negligence, incompetence or is in breach of the code of ethics established under this Act; (g) has applied for the warrant within ninety days of having received the adequate professional experience in accordance with paragraph (e): Provided that, from the date as the Minister may by notice in the Gazette establish, the name of a person who holds the Honours Degree in Social Work of the University of Malta or of the Malta College of Arts, Science and Technology shall not be entered in the register of warranted social workers unless such person, upon qualifying for such degree, has received adequate professional experience within an entity under the supervision of a registered social worker engaged by that entity: Provided further that, without prejudice to any other requirements, which the Board may consider necessary, a person shall be considered as having received adequate professional experience if he submits to the Board documentation for every supervision session, signed by the registered social worker under whose supervision the practice of social work was undertaken.. (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. (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 by the Malta College of Arts, Science and Technology 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. (6) Without prejudice to any provision of, or any regulation made by or under, the Mutual Recognition of Qualifications Act, where the duration of a course leading to the higher education qualification possessed by an applicant is less than the duration for the course leading to the Honours Degree in Social Work of the University of Malta, or by the Malta College of Arts, Science and Technology or where the applicant does not satisfy the requirements mentio ned in sub-article ( 4)(b), the Board may r equire t he applicant to undertake such adaptation period not exceeding twice the shortfall, as the Board may specify. In addition the Board may Cap. 451. Cap. 451. 3 4 [ CAP. 468. SOCIAL WORK PROFESSION also submit the applicant to a proficiency test. (7) Not more than thirty days after a person enters in the practice of the profession of social work with an entity, he shall give notice thereof to the Board, together with a confirmation by the registered social worker under whose supervision such person is practising the profession of social work. (8) Any person or entity that fails to give the notice as established under the preceding sub-article, may be liable to the penalty of not less than two hundred and fifty euro (€250) and not more than one thousand euro (€1000). Social Work Profession Board. Amended by: XV.2024.4. 4. (1) There shall be a Board to be known as the Malta Social Work Profession Board which shall consist of nine (9) members as follows: (a) five (5) 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) (b) 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 (5) years experience; and (v) a registered social worker chosen by the Minister from amongst a list of persons nominated for such purpose by the registered social workers or the associations working in the field of social work in Malta: Provided that in case no person is nominated by the registered social workers or the associations working in the field of social work in Malta, the Minister shall make the appointment from amongst registered social workers; (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; and (iii) one (1) social worker nominated by, and from amongst the permanent academic staff responsible for social work and social policy, education and SOCIAL WORK PROFESSION [ CAP. 468. training at the Malta College of Arts, Science and Technology: 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 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 5 6 [ CAP. 468. SOCIAL WORK PROFESSION p r o ce e d i n g s a n d t h e B o a r d s h a l l g i v e t o t h e M i n i s t e r su c h information as he may require. Functions of the Board. Amended by; XXIX. 2016.4; XXI of 2020. 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 decide on 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 decide on the award or refusal thereof; (d) keep an official register of all registered social workers; (e) keep an official register of all unwarranted social workers; (f) keep an official register of all partnerships of social workers; (g) keep such information as may be required in relation to associations representing social workers in Malta, registered under the provisions of this Act; (h) make recommendations to the Minister on the definition of specialised social work practice and the qualifications necessary to practise in specialised social work; (i) 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; (j) inquire into any allegation of professional misconduct, gross negligence or incompetence by a social worker; (k) 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; (l) (2) perform such other functions as may arise from this Act or any other law, or as may be assigned to it by the Minister. The Board shall, not later than three months after the end of SOCIAL WORK PROFESSION [ CAP. 468. 7 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. 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. Applications for a warrant. Amended by: XXI of 2020. (2) If the Board is satisfied that the applicant satisfies the minimum requirements established under this Act, it shall issue 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 Board under this Act may be issued subject to such limitations or conditions as it 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 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 e ff e c t p r o v i d e d t h a t t h e w a r r a n t h o l d e r s h a l l p r o v e t o t h e 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. 7. The Board shall decide 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. The Board shall immediately notify the applicant of its decision. Decisions of the Board. Substituted by: XXI of 2020. 8 Appeals Committee. Added by: XXXI.2024.3. [ CAP. 468. SOCIAL WORK PROFESSION 7A. (1) There shall be an Appeals Committee for the social work profession which shall be appointed by the Minister and shall be composed of the following members: (a) an advocate who has practised his profession for at least five (5) years; and (b) two (2) registered social workers who have practised their profession for at least five (5) years. The Chairperson is to be appointed from amongst these three (3) members. (2) All members of the Appeals Committee shall be appointed for a term of three (3) years and may be appointed for a maximum of two (2) terms in total. (3) The Appeals Committee shall have the following functions: (a) upon the submission of an application to this effect by the person concerned, to hear and decide upon a decision of the Board whereby the granting of a warrant is refused; (b) upon the submission of an application to this effect by the person concerned who feels aggrieved by any default of the Board, to decide upon an application for a warrant within four (4) months from when an application for a warrant is submitted to the Board; and (c) to hear and decide appeals from any other decision of the Board. (4) An appeal to the Appeals Committee shall be filed within the peremptory term of twenty (20) days from such decision in the case of an appeal in accordance with sub-article (3)(a) and (c). (5) The Appeals Committee shall regulate its own procedure. (6) In the exercise of its functions in accordance with this article, the Appeals Committee may appoint experts to relate on any matter before it. (7) The Appeals Committee shall have the power to confirm, cancel or revoke with or without conditions, and to refer back to the Board or to substitute any decision upon any appeal in terms of subarticle (3)(a) and (c). (8) The Appeals Committee shall order the Board to determine such application within such time as it may consider reasonable, and failing which it shall proceed to decide the application itself, and in any case shall refer its decision back to the Board and prepare a report of its findings to the Minister. SOCIAL WORK PROFESSION [ CAP. 468. 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. 9 Disqualification from a warrant. Amended by: XXI of 2020. (2) Where a person loses his warrant following a conviction as is referred to in the preceding sub-article, notice of such loss shall be given by the Board 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 Board may, at any time, reinstate a person who has lost his warrant or grant a warrant to a person who is disqualified in terms of subarticle (1). 9. (1) The Board may set up a committee to inquire into any alleged professional misconduct, gross negligence or incompetence in relation to both registered social workers and social workers. (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 registered social worker, or social worker, as the case may be, 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 the conclusion of the inquiry, the committee shall decide whether there are sufficient grounds to find the registered social worker under inquiry guilty of professional misconduct, g r o s s n e g l i g e n c e o r i n c o m p e t e n c e . I n t h e a ff i r m a t i v e , t h e committee shall make a report of its decision and shall commit such person for further inquiry by the Board together with its recommendations on the penalty to be imposed, and, in the negative, recommend that no further inquiry is to be undertaken. Discipline. Amended by; XXIX. 2016.5. 10 [ CAP. 468. SOCIAL WORK PROFESSION (5) The penalties mentioned in the foregoing sub-article may include: (a) the suspension or cancellation of the warrant subject to such conditions as may be recommended; (b) the suspension or cancellation of the registration of a partnership of registered social workers; (c) the imposition of conditions to be attached to a warrant; (d) a reprimand; (e) a payment to cover the costs of the inquiry; (f) an order for the waiver, reduction or refund of any fees charged for services rendered; or (g) any other penalty as may be prescribed. (6) On the cancellation of the warrant of a registered social worker the Board shall strike off the name of such person from the official register of registered social workers. (7) In regard to a social worker, the committee shall also be competent to decide whether such social worker failed to comply with the requirements set out in the proviso to article 3(1), and upon a recommendation made by the committee to that effect, the powers of the Board under this article to impose a penalty shall include the power to direct any one or more of the following measures, that is: (a) order that such person suspends his practice of the profession of social work for such period of time as the Board may determine; (b) order that such person undergoes such period of additional training; (c) a caution; (d) a penalty of not less than three hundred euro (€300) and not exceeding seven hundred euro (€700); Cap. 273. Right of appeal. Amended by; XXIX. 2016.6; XXI of 2020. (e) any other penalty as may be prescribed. (8) 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 said Act. 10. (1) Any person who feels aggrieved by a decision given by the Board in accordance with this Act, or any regulation falling under it, may appeal from that decision to the Court of Appeal in its inferior jurisdiction within twenty-one days from the date when notice of the decision has been given to that person by registered post. (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 SOCIAL WORK PROFESSION [ CAP. 468. 11 Magistrates (Malta). (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. Cap. 12. 11. The Board may, 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 registered social worker has been reinstated such social worker is to be again registered in the official register. Reinstatement. Amended by; XXIX. 2016.7; XXI of 2020. 12. (1) Any association of social workers may make an application to the Board to be registered as an association of registered social workers for the purposes of this Act. Associations of social workers. Amended by; XXIX. 2016.8. (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. 13. (1) Two or more warrant holders may form a civil partnership, in this Act referred to as a ''partnership of registered 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. Partnership of social workers. Amended by; XXIX. 2016.9. (2) No person other than a warrant holder may be a partner in a partnership of registered 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 ''Registered 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. 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 Provisions applicable to partnership of social workers. 12 [ CAP. 468. SOCIAL WORK PROFESSION 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. Definition of public officer. Added by: XXIX. 2016.10. Cap. 9. 15A. For the avoidance of any doubt, every registered social worker, or social worker, who is lawfully charged with a public duty shall, while in the exercise of his functions, be deemed to be a public officer within the meaning of the Criminal Code. Offences. Amended by: L.N. 427 of 2007; XXIX. 2016.11. 16. (1) Any person who for the purpose of obtaining a warrant or registering a partnership of registered 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 thirtyseven 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 under this Act against this article shall be liable on conviction to a fine (multa) 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 the offence continues, subject 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 registered 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. SOCIAL WORK PROFESSION [ CAP. 468. 13 (4) Any person who uses the words ''Registered Social Workers'' in relation to a partnership of registered 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 registered social workers registered as aforesaid, shall be guilty of an offence against this article. (5) For the purposes of sub-articles (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 Registered Social Workers'' or ''Registered 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 proves 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 accordance with the provisions of this Act, 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. 17. Where, following an inquiry under the provisions of article 9, the Board finds a registered social worker or social worker, as the case may be, guilty of any breach of professional conduct or the Code of Ethics, the Board may impose such penalties as the Minister may prescribe. Administrative fines. Amended by: XXIX. 2016.12. 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 - Regulations. Amended by: L.N. 427 of 2007. (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; 14 [ CAP. 468. SOCIAL WORK 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 fiftyeight 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). Transitory provisions. Amended by: XXIX. 2016.13. 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 4(a). (2) For the purposes of article 4(b), any experience gained by any person who has obtained the qualification referred to in article SOCIAL WORK PROFESSION [ CAP. 468. 4(a), 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 4(a) and (b). (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. 15