Social Workers' Council Act
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CONSOLIDATED TO 30 JUNE 2012
LAWS OF SEYCHELLES
SOCIAL WORKERS’ COUNCIL ACT
[1st October 2007]
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
1. Short title
2. Interpretation
PART II - ESTABLISHMENT OF THE SOCIAL
WORKERS’ COUNCIL
3. Establishment of the Council
4. Functions of the Council
5. Immunity
PART III - REGISTRATION
6. Qualification for registration
7. Registration
8. Certificate
9. Register of social workers
PART IV - CUSTODY, INSPECTION AND PUBLICATION
OF REGISTER
10. Custody and inspection
11. Publication
PART V - CORRECTION OF REGISTER
12. Correction of register
PART VI - ORDERS MADE BY THE COUNCIL
13. Disciplinary powers of the Council
14. Orders made by the Council
15. Appeals
PART VII - MISCELLANEOUS PROVISIONS
16. Funds of the Council
17. Offences and penalties
18. Regulations
Schedules
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PART I – PRELIMINARY
1. This Act may be cited as the Social Workers Council Act.
2. In this Act —
“chairperson” means the chairperson of the Council;
“Council” means the Social Workers' Council established by section 3;
“member” means a member of the Council;
“Minister” means the Minister responsible for Social Affairs;
“register” means the register of social workers kept under section 9;
Registrar” means the person appointed as Registrar under paragraph 2 of the Schedule.
“social worker” means a person qualified for registration under section 6(1).
PART II - ESTABLISHMENT OF THE SOCIAL
WORKERS COUNCIL
3. (1) There is established a Council to be known as the Social Workers Council.
(2) The Council shall be a body corporate.
(3) The Schedule shall have effect with respect to the composition of the Council and the conduct of its business.
4. (1) The functions of the Council are —
(a) to regulate the professional conduct of social workers for the purpose of protecting service users and promoting and upholding the highest possible standard in social work;
(b) to register and maintain a register of social workers with accurate and upto date information;
(c) to enquire into allegations of breaches of ethical standards and of serious professional misconduct by a social worker and to take appropriate disciplinary measures.
5. The Council or any member shall not be liable for anything done or omitted to be done by the Council or the member in good faith in the performance of its or the member's function's under this Act.
PART III - REGISTRATION
6. (1) A person is qualified to be registered as a social worker under this Act, if that person —
(a) has attained the age of 18 years;
(b) has met the national competence standards as may be required by the Council for registration under this Act;
(c) has completed such training as may be prescribed;
(d) has a diploma. degree or certificate which the Council considers to be of a standard that would not undermine the functions of the Council in promoting and upholding the highest possible standards of practice as a social worker in Seychelles if that person were registered under this Act;
(e) has completed a period of service to the satisfaction of the Council; and
(f) has not been or is not the subject of such disciplinary or other proceedings connected with that person's practice as a social worker as to undermine the functions of the Council in promoting and upholding the highest possible standards of practice as a social worker if that person were registered under this Act.
7. (1) An application for registration as a social worker shall be made in the form provided by the Council.
(2) If the Council is satisfied that an applicant is qualified under section 6 and has paid the prescribed fee, the Council shall cause that person to be registered under this Act.
(3) If the Council is of the opinion that an applicant is not qualified under section 6, the Council shall refuse the application and notify the applicant in writing there of giving reasons.
8. (1) Upon the registration of a person under section 7, the Registrar shall issue to that person a certificate of registration.
(2) Where a certificate of registration issued under subsection (1) is lost or destroyed, the Registrar shall, upon application being made and the payment of a prescribed fee, issue a certificate of registration marked “Duplicate” at the top left hand corner of the certificate.
(3) A person whose name has been removed from the register under section 12 or 13 shall forthwith return to the Registrar the certificate of registration.
9. (1) The Council shall cause to be kept a register of social workers practising in Seychelles.
(2) The Register shall contain in respect of each social worker the following particulars —
(a) the date and number of registration;
(b) the full name, date of birth, national identity number, and in the case of a married woman, the maiden name;
(c) the place of employment;
(d) the permanent address;
(e) the particulars of training and qualifications;
(f) remarks and endorsements.
(3) The register shall be divided into the following parts —
(a) Part I shall contain names and other particulars of all social workers authorised by this Act to practise general social work;
(b) Part II shall contain names and other particulars of social workers qualified in specified fields of social work;
(c) Part III shall contain names and other particulars of social workers registered under Part I who hold special qualifications;
(d) such other parts as may be prescribed.
(4) Where a person qualifies for inclusion in more than one Part of the register, the name of that person shall be included in each such Part.
PART IV - CUSTODY, INSPECTION AND PUBLICATION
OF REGISTER
10. The register shall be kept in the custody of the Registrar and shall be open for inspection by any social worker or, with the permission of the Registrar, by any other person, free of charge during normal working hours.
11. (1) The Council shall once in every three years, cause a list of all social workers whose names are on the register on the 31st December to be published in the Gazette not later than 45 days after that date.
(2) A social worker who has been suspended from practising pursuant to an order made under this Act shall not, so long as the order remains in force, be included in the list.
(3) In any proceedings under this Act or any other written law, a copy of the Gazette containing the most recent list of social workers published under subsection (1) shall be evidence that —
(a) the persons included in the list are registered under this Act;
(b) the persons not included in the list are not registered under this Act.
(4) In any proceedings under this Act, a certificate purporting to be signed by the Registrar certifying that a person is or is not registered under this Act shall, without proof of the signature of the Registrar, be conclusive evidence of the facts stated in the certificate.
PART V - CORRECTION OF REGISTER
12. (1) The Registrar may amend the register —
(a) as to the address or other relevant particulars relating to a social worker whose name appears in the register on being satisfied that the amendment is necessary for preserving accuracy;
(b) upon the direction of the Council, by inserting or removing therefrom the name of any social worker;
(c) for the purpose of complying with any provision of this Act relating to the form and content of the register.
(2) Without prejudice to the powers of the Council under section 13, the Council may direct the Registrar to remove from the register the name of any person who —
(a) requests the removal by a letter addressed to the Council;
(b) dies;
(c) has left Seychelles without giving notice to the Council of the person's intention to return.
(3) A person referred to in subsection (2) (c) may register without payment of any fee upon application after returning to Seychelles.
PART VI - ORDERS MADE BY THE COUNCIL
13. (1) Where, after an inquiry made in accordance with regulations made under this Act, the Council is satisfied that a registered social worker—
(a) has been convicted of an offence punishable with imprisonment under any law;
(b) has been guilty of malpractice, negligence or misconduct or has contravened any rule of conduct prescribed under this Act;
(c) has obtained the registration by misrepresentation or fraud;
(d) was not, at the time of registration, qualified to be registered;
(e) has had any relevant particulars entered in the register in respect of that social worker which are false or misleading,
the Council may —
(i) order that the name and other relevant particulars in respect of the social worker be removed or corrected in the register;
(ii) order that the person be suspended from practising as a social worker for a period not exceeding 12 months and that an endorsement to that effect be made in the register;
(iii) caution or reprimand the social worker;
(iv) take such other disciplinary measures as may be prescribed.
14. (1) The Registrar shall cause a copy of —
(a) an order refusing registration upon an application made under section 7;
(b) any order made under section 13;
(c) an order rejecting an application made under subsection (3), to be served as soon as may be practicable after the making of the order to the person affected by the order either personally or by a registered letter addressed to that person at the last address known to the Registrar.
(2) The Registrar shall not remove a name of any person from the register or make an endorsement in the register —
(a) pursuant to an order made under section 13(ii) before the expiration of 21 days after the service upon that person of a copy of the order made under subsection (1); or
(b) in the case of an appeal against the order, until after determination of the appeal.
(3) A person whose name is removed from the register in accordance with this Act may apply to the Council for re-registration, and the Council may allow or reject the application as it thinks fit.
15. (1) Where the Council —
(a) refuses to register a person on an application under section 7(1);
(b) makes an order under section 13;
(c) makes an order rejecting an application made under section 14(3), that person may within 14 days after the date on which notice of the refusal or order was served, appeal to the Minister against the refusal or the order.
(2) The decision of the Minister upon such appeal shall be final —
PART VII - MISCELLANEOUS PROVISIONS
16. (1) The funds of the Council shall consist of —
(a) moneys appropriated by an Appropriation Act and paid to the Council;
(b) moneys paid to the Council by way of fees or donations.
(2) The funds of the Council shall be applied in the discharge of the expenses incurred in carrying out its functions and in payment of remuneration to the members of the Council and the Registrar:
(3) The Council shall keep proper accounts and records of its transactions and shall prepare, in respect of each calendar year a statement of accounts.
(4) The accounts of the Council shall be audited by the Auditor General in accordance with Article 158 of the Constitution.
17. (1) Any person who —
(a) not being registered under this Act takes or uses the name or title of “social worker” either alone or in combination with any other words, letters, any name, title, addition, description or badge, representing that the person is registered;
(b) being a person whose name is entered in a register takes or uses any name, title, addition, description badge or otherwise does any act representing that his name is entered in another register or in some other part of a register;
(c) with intent to deceive, makes use of any, certificate of registration issued to him or to any other person; or
(d) willfully makes or causes to be made, a falsification in a matter relating to a register or to the registration of any name therein, is guilty of an offence and is liable on conviction to a fine not exceeding SR20,000 or to imprisonment for 2 years.
(2) Any person who fails to comply with the provisions of section 8(3) is guilty of an offence and is liable on conviction to a fine not exceeding SR10000.
18. The Minister may, after consultation with the Council, make regulations —
(a) prescribing anything which is required to be prescribed under this Act;
(b) prescribing forms to be used for purposes of this Act;
(c) providing for courses of training, examinations and the conduct of examinations in social work;
(d) defining the conditions for registration under this Act;
(e) determining the procedure to be followed in relation to inquiries under section 13;
(f) prescribing rules for the practice of social work;
(g) listing the duties of social workers;
(h) prescribing fees and charges in any matter provided for under this Act;
(i) providing for badges;
(j) regulating the proceedings of the Council and of any committee thereof;
(k) amending the Schedule.
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SCHEDULE
Section 3
SOCIAL WORKERS' COUNCIL
1. (1) The Council shall consist of —
(a) the Director of Social Services;
(b) the Head of the national program for training in social work;
(c) two social workers appointed by the Minister;
(d) a representative of the Social Workers Association of Seychelles;
(e) two members of the general public
(2) The Minister shall nominate a member of the Council to be the Chairperson of the Council.
(3) The members appointed under subparagraphs (1) (c), (d) and (e) shall, unless they vacate office earlier, hold office for 2 years and are eligible for reappointment for a maximum of 3 terms.
(4) A member may resign from office by letter addressed to the Minister, and notice to the Chairperson.
(5) Where a person is appointed to replace another person who has ceased to be a member before the end of the period of 2 years, that person shall serve as a member for the remaining period of office of the person replaced.
(6) The Minister shall cause a notice of the names of the persons constituting the Council under paragraph (1) to be published in the Gazette.
2. (1) There shall be a Registrar of the Council who shall be appointed by the Minister.
(2) The Registrar shall act as secretary to the Council, keep and maintain the records of the Council, implement the decisions of the Council and do all such things as the Chairperson may lawfully direct.
3. (1) The Council shall meet at such times and place —
(a) as the Chairperson may determine;
(b) as may be requested in writing addressed to the Chairperson by not less than 5 members.
(2) Five members of the Council shall constitute a quorum for a meeting.
(3) The Chairperson or in his absence, a member referred to in paragraph 1(1)(a) (b) or (c) elected by members present shall preside at the meeting.
(4) All matters coming up for the decision of the Council at a meeting shall be decided by a simple majority of votes of the members present and voting thereon.
(5) Each member has one vote and in the event of an equality of votes the Chairperson or the member presiding has a casting vote.
(6) Where a member has a direct interest in a matter that falls to be decided at the meeting of the Council the member shall —
(a) notify the Chairperson; or
(b) notify the Registrar, if the member is the Chairperson, of the interest and shall not be present
or vote at the meeting where the matter is considered or decided unless the Council authorises otherwise.
4. (1) Where a matter requires a decision of the Council and it is not convenient or possible for the Council to meet to determine the matter, the Registrar shall, on the instruction of the Chairperson, circulate papers regarding the matter to all members for consideration and decision.
(2) If the members unanimously approve a decision or resolution by a signed declaration the decision or resolution shall have the same effect as a decision or resolution passed at a meeting of the Council.
(3) A member who has a direct interest in a matter requiring a decision or approval shall not take part in that decision or approval.
(4) Any decision taken in accordance with subparagraph (2) shall be recorded by the Registrar in the minute book of the Council and shall be confirmed at the next subsequent meeting of the Council.
5. Notwithstanding paragraph 1(3) where at the end of the period of office all the members vacate office and new members have not been nominated, the persons vacating as members shall continue in office until the nomination or election of new members of the Council or at the end of a further period of 3 months, whichever occurs first.
6. (1) The Council may appoint committees from amongst its members for any purpose as the Council may decide.
(2) The Registrar shall act as secretary to any such committee appointed under subparagraph (1).
(3) A committee appointed under subparagraph (1) shall have the same powers as the Council in all matters within its purview but a decision of a committee shall not be acted upon unless approved at a meeting of the Council.
7. Subject to any regulations made under section 18, the Council and committees thereof may regulate their own proceedings.
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LAWSOF SEYCHELLES
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SOCIAL WORKERS’ COUNCIL ACT
SUBSIDIARY LEGISLATION
Section 18
Social Workers' Council Regulations
[29th December 2011]
1. These Regulations may be cited as the Social Workers' Council Regulations.
2. An application for registration as a social worker shall be made in the form prescribed in the First Schedule, together with a fee of SCR300 for each application.
3. A person whose application is accepted by the Council shall be allocated a registration number and his or her name shall be entered in the register.
4. A Certificate of Registration shall be provided in the form prescribed in the First Schedule.
5. The Council may request an applicant to provide a confidential report, a certificate of Training or a transcription of training, in the form prescribed in the Second Schedule.
6. The duties of a social worker are to —
(a) provide generic social services in addition to services in the area of specialisation of the social worker;
(b) provide efficient service and social service assistance to persons in need;
(c) assist individuals, families and the community requiring social service assistance;
(d) formulate and manage care plan to assist persons requiring social service assistance;
(e) maintain records of persons assisted;
7. A social worker shall —
(a) respect the inherent dignity and privacy of persons assisted by the social worker;
(b) uphold the principles of social justice and help to improve the social wellbeing of persons in need of social service assistance;
(c) apply the knowledge, values, skills and address the social problem of persons in need of social service assistance;
(d) carry out his or her duties professionally and in a trustworthy manner;
(e) exercise the duties within his or her area of competence and develop and enhance his or her expertise;
(f) recognise and acknowledge the importance of human relationship in carrying out his or her duties;
(g) not divulge any information relating to a person in need of social service assistance, except with the person's consent or under a court order;
(h) act in good faith towards fellow social workers;
(i) treat fellow social worker with respect and respect confidential information shared by other social worker in the course of their duties;
(j) ensure there is informed consent from persons requiring social service assistance prior to providing assistance;
(k) not allow his or her personal prejudices to interfere with his or her professional judgment and the performance of his or her duties;
(l) not enter into any sexual relationship with any persons being assisted;
(m) safeguard the interest of any persons assisted;
(n) not accept gifts or any other means of compensation from a person assisted;
(o) maintain and improve his or her professional knowledge and competence;
(p) assess, plan, implement and evaluate the care plan of any person being assisted;
(q) attend training programme where he or she has not practised as a social worker for a continuous period of five years, although he or she is registered.
8. A social worker who —
(a) fails to maintain notes, keep documents and proper records of persons referred for assistance;
(b) fails to bring to the attention of his or her supervisor any matters which hampers his or her ability to discharge his or her duty or place the person being assisted in jeopardy, or breaches the code of ethics;
(c) abuse the privileged relationship between the social worker and the assisted person;
(d) refuse to carry out a reasonable order given by his or her superior;
(e) does not co-operate and maintain a good relationship with other fellow social worker and other persons working with the department responsible for social affairs;
commits an act of professional misconduct and disciplinary measures shall be taken against the social worker by the Council.
9. (1) There shall be an investigating committee established by the Council to assist the Council in holding enquiries, into acts of professional misconduct by a social worker.
(2) The investigating committee shall consist of not less than three members of the Council, and shall elect one of its members to be the Chairperson, who shall preside at an inquiry.
(3) The Council may co-opt a person to be a member of the investigating committee, who shall not have the right to vote.
(4) The investigating committee may request the assistance of a legal officer from the Attorney General, to assist the investigating committee in an advisory capacity.
10. (1) A complaint against a social worker shall be made in writing to the Registrar.
(2) The Registrar shall forward a complaint to the Council where the complaint has been made in good faith.
11. (1) The parties to a complaint may appear before the investigating committee in person or through a representative.
(2) The parties shall be given not less than seven days notice to appear before the investigating committee.
(3) Where either of the parties fail to appear on the date specified on the notice, the inquiry may proceed in the absence of the party.
(4) For the purpose of the inquiry, the investigating committee may on its own accord or by an application of either party, summon a person to attend the hearing and to give evidence.
(5) On completion of the enquiry, the investigating committee shall produce a report with recommendations to the Chairperson of the Council who may reprimand, suspend, deregister or take such other measures the Chairperson deems appropriate.
12. A person aggrieved by the decision of the Council, may appeal to the Minister.
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