Social Work Amendment Act, 1998

27 November 1998 No. 15.77.

27 November 1998 that the President has assented is hereby published tbr to the general Hierby word bekend gemaak dat die President keuring gehqg het aan die onderstaande Wet wat hierby algemene inllgting gepubliseer word:- sy goed- ter No. I02 ot I YYX: Social Work Amendment Act. I YYX. h’o. 101 \xn 1998: Wysigingswet op Maatskaplike Werk, 1998. GENERAL EXPLANATORY NOTE: 1

1 Words in bold type in square br-xheth indicate omissions from existing enactments. Words underlined with a solid existing enactments. line indicate insertions in (English text signed by the President.) (Assentrd to I9 No~~wlher 1998.) ACT To amend definitions; African Council service professions; and to provide for matters connected the Social Work Act, 1978, so as to amend, delete and insert certain constitution and objects of the South to provide for the establishment, for Social Service Professions and professional boards for social to abolish the South African Interim Council for Social Work; therewith. B E IT ENACTED follows:- hy the Parliament of the Republic of South Africa, as Amendment of section 1 of Act 110 of 1978, as amended by section I of Act 68 of 1985, section 1 of Act 48 of 1989, section 1 of Act 22 of 1993 and section 1 of Act 52 of 1995

1. Section I of the Social Work Act, 197s (in this Act referred to as the principal Act). is hereby amended- (t/J by the substitution for the definition ot “council” of the following definition: for Social the South African [Interim] Council ‘* ‘council’ means [Work] Service Professions established by section 2;“; C/J) by the deletion of the definitions of “electorate”, “former council” and “magistrate”; (~1 by the substitution for the definition of “Minister” of the following definition: for Welfare and Population Develop- the Minister ” ‘Minister’ means ment in the national sphere of government;“: the the definition and of “prescribed” insertion after ((1) by of the following 5 10 1.5 definition: ‘. ‘ grofessional I4A( I).“. A board’ means a board established under section Substitution of Act 22 of 1993 and section 2 of Act 52 of 1995 of heading of Chapter I of Act 110 of 1978, as substituted by section 2 20

2. The following heading is hereby substituted for the heading of Chapter I of the principal Act: “[INTERIM] COUNCIL FOR SOCIAL [WORK] SERVICE PROFESSIONS”. -I No 1951h C;O\‘ERNMENT GAZETTE. 27 NOVE.MBER 1998 Act No. 102, 1998 SOCIAL WORK AMENDMENT ACT, 1998 Substitution 1989 and section 3 of Act 52 of 1995 of section 2 of Act 110 of 1978, as substituted by section 2 of Act 48 of

3. The following section is hereby substituted for section 2 of the principal Act: “Establishment of Council for Social Service Professions 2. (1) There is hereby established to be known as the for Social Service Professions and the first meeting a juristic person 5 South African Council of the council shall be convened by the registrar. (2) The head office of the council shall be situated in Pretoria.“. of section 3 of Act 110 of 1978, as amended by section 2 of Act 68 of Substitution 1985, section 3 of Act 48 of 1989, section 3 of Act 22 of 1993 and section 4 of Act 52 10 of 1995

4. The following section is hereby substituted for section 3 of the principal Act: “Objects of council

3. The objects of the council shall be- (0) Cc) in the relation and enhance the Minister for registration to any matter to such interests; boards in general; of social workers, in respect of to the interests of the professions in respect of which professional in respect of which professional to the council and the professional boards; the affecting boards have been boards have been or are-to be established-and the prestige, status, integrity and dignity of boards have been of the professional boards, the social auxiliary in respect of which to protect and promote which professional deal with any matter relating to maintain the professions established; to advise professions established; to control and to exercise authority with regard to all financial matters relating to consult and liaise with relevant authorities on matters affecting professional to determine, on the recommendation qualifications workers and persons practising other professions professional in respect of which to regulate professional of social workers, student social workers, social auxiliary workers and persons practising other professions boards have been established; to determine conduct of social workers, student social workers, social auxiliary workers and persons practising boards have been in respect of which professional other professions established that they are maintained; to exercise effective control over the professional conduct of social workers, student social workers, social auxiliary workers and persons boards practising other professions have been established; to encourage and promote efficiency to the practice of the professions boards have been established; to assist Republic; boards have been established; the practising boards have been established in and responsibility with regard in respect of which professional in the promotion of social services in respect of which professional in respect of which professional the standards of professional to the population of the of the professions the registration and to ensure and 15 20 25 30 3.5 $0 15 C&T) (i) Cjj (kl 6 lo. lY516 GOVERNMENT GAZETTE. 27 .NOVEMBER 1998 Act No. 10.2. 19YS SOCIAL U’ORK AMENDMENT ACT, 1998 (I) the Minister on the amendment or adaptation of this Act, in practice, demo- to place greater emphasis on professional need and equity, accessibility and community transparency, to advise particular cracy, involvement; (1~) subject to section 14B(c), to control and to exercise authority in 5 in accordance with the developmental respect of all matters af-fecting- the training of persons (ij social welfare approach; and the manner social services (ii) in which the practices pursued in the promotion of to the population of the Republic are exercised; (II) (n) (p) fq) liaison additional in the Republic; sources of funding in the field of training to investigate to promote both in the Republic and elsewhere, and to promote such training to promote and to regulate professions established to co-ordinate advisory and communicatory in the interest of the public; and respect of which professional interprofessional in for the council; relating to social services the standards of liaison between registered boards have been the activities of the professional boards and to act as an body for such professional boards.“. 10 15 Amendment 1985, section 4 of Act 48 of 1989 and section 5 of Act 52 of 1995 of section 4 of Act 110 of 1978, as amended by section 3 of Act 68 of 20

5. Section 4 of the principal Act is hereby amended- (g) of subsection (a) by the deletion of paragraph (b) by the substitution for paragraph (1); and paragraph: (h) of subsection (1) of the following 25 “(1~) undertake or cause to be undertaken the profession in respect of which professional any research or study on any of social work and other boards have been relating to matter professions established;“. Substitution of section 5 of Act 110 of 1978, as substituted by section 6 of Act 52 of 30 1995 and amended by section 1 of Act 106 of 1996

6. The following section is hereby substituted for section 5 of the principal Act: “Constitutiori of council 5. (1) The council shall consist of not less than 19 but not more than 34 members, namely- (a) (b) six social workers elected in the prescribed manner by social workers; three representatives from each of the professions other than social work in respect of which professional boards have been established, elected those in professions; 13 persons appointed by the Minister, of whom- (i) two shall be nominated by the training (ii) one shall be in the employment the prescribed manner and of the Department of Welfare in by persons representing institutions; (c) 35 40 (iii) sphere of government; the national two shall be nominated by national welfare, social services and development field; forums and networks in the 45 (iv) one employees shall be nominated in developmental engaged (v) one shall be nominated by business; (vi) one shall be nominated by national sphere of government; trade unions which represent social welfare services; by the Minister of Education in the 50 8 No. 19516 GOVERfiMENT GAZETTE. 27 NOVEMBER 1998 Act No. 102,1998 SOCIAL WORK AMENDMENT ACT, 1998 (vii) four shall be persons nominated by the community: Provided that- (uu) (bb) (viii)one in a field other one shall be appointed by virtue of his or her specialised knowledge than social work and whose appointment and one shall be a disabled person; and shall be nominated to the council will enhance the departments its effectiveness; the heads of by for welfare matters in the provincial sphere of responsible government. (2) Any nominations in terms of subsection (l)(c)(i), and (viii) shall be in the prescribed manner: Provided of any nominations through shall nominations. in terms of subsection (l)(c)(v) in and by notice the media (iii), (iv), (v). (vii) that, for the purposes and (vii), the Minister such invite the Gazette (3)(a) A person who is elected or appointed in terms of subsection (1) shall- (i) be a South African citizen who is resident from continuing (ii) not be a person prohibited in the Republic; and in office as contemplated in section 6( 1). (b) A person to be elected in terms of subsection elected by persons who are South African citizens who are resident Republic. (l)(a) or (b) shall be in the 5 10 1.5 20 (4) One- (a) member elected in terms of subsection (l)(a) shall be designated to 25 represent (b) of the three members elected as representatives the profession of social workers on its professional board; from each profession the to represent (l)(6) in terms of subsection relevant profession on the professional board concerned. shall be designated (5)(a) The members of the council shall hold office for a period of five 30 years reckoned (7) is published (6) Members from the date on which the notice referred to in subsection in respect of them. shall at the expiry of their terms of office be eligible for re-election and reappointment. (6) As soon as possible after the election of the members subsection persons who have been appointed by him or her in terms of subsection the Minister shall inform (l), referred to in the registrar of the names of the (2). of the council, the names of the members of the by the Minister (7) The registrar shall within 30 days of the constitution make known by notice council, and the date of the commencement in the Gazette the dates of their election and their appointment of their terms of office.“. Substitution of section 6 of Act 110 of 1978, as substituted by section 7 of Act 52 of 1995

7. The following section is hereby substituted for section 6 of the principal Act: “Vacation of office and filling of vacancies (4 into a 6. (1) A member of the council shall vacate his or her office if- or he or she has entered is disqualified under any law from practising his or her the member’s estate is sequestrated composition with the creditors of his or her estate; the member has been absent from more than two consecutive ordinary meetings of the council without the member profession; the member ceases to be a South African citizen or to be permanently resident the member elsewhere, without is convicted of an offence, whether in respect whereof he or she is sentenced in the Republic or to imprisonment the option of a fine; in the Republic; the council’s leave; fb) Cc) (dl (e) 15 10 45 50 55 IO iio. 19516 Act No. 102,1998 (fj (,?I GOVI-.RS.kIF.NT GAZETTE. ?7 NOVEMBER 1998 SOCIAL WORK AMENDMENT ACT. 1998 the member becomes a patient or a State patient as defined in section I of the Mental Health Act, 1973 (Act No. 18 of 1973); the member- (i) in terms of section 5(l)(a) or (b). for his or her election or 5 in the case of a member elected ceases to hold a qualification submits his or her resignation in the case of a member appointed ceases to hold a qualification or submits his or her resignation required in writing to the registrar; or in terms of section 5(I)(c). required for his or her appointment, in writing to the Minister; (ii) (11) the Minister terminates his or her membership for reasons which are 10 just and fair. (2) Every vacancy on the council in which the member who vacates office was elected or appointed, as the case may be. and every member so elected or appointed shall hold the office for the unexpired portion of the period for which became vacant was elected or appointed.“. shall be tilled in the same manner the member whose office 1 1.5 Amendment 1989 of section 9 of Act 110 of 1978, as amended by section 5 of Act 48 of

8. Section 9 of the principal Act is hereby amended by the substitution for subsection ( 1) of the following subsection: “(I) There shall be an executive the vice-president president, designated professions contemplated of the committee of the council consisting and [three] at least five other members of the council, the that at least four members in section 5(l)(n) and fh) on the executive committee.“. represent by the council: Provided Insertion of sections 14A, 14B and 14C in Act 110 of 1978

9. The following sections are hereby inserted after section 14 of the principal Act: “Establishment of professional boards 14A. (1) The Minister of the council, establish a professional board with regard to any social service profession, or with regard to two or more such professions. (2) The Minister may, on the recommendation shall, on the recommendation to the professions of the council, change the for which the profes- other professional and establish boards with regard professional sional boards have been established. boards. 20 25 30 (3) Before making a recommendation as contemplated in subsection (2), 35 the council shall consult with any body which is or persons who are in the opinion of the council to be affected by such change or establishment.“. of the majority of persons representative Objects of professional boards (b) (c)

14B. The objects of a professional and (N) board are- boards and relevant the professional board: liaise with other professional to consult authorities on matters affecting to assist in the promotion of social services Republic on a national basis; to control and to exercise authority the training of persons (i) of the professional the manner of the exercise of the practices pursued in connection with the professions the ambit of the professional board; in respect of all matters affecting- in the professions falling within falling within the ambit to the population of the board; and (ii) 40 45 50 12 No. 19516 GC,VtRNMENT GAZETTE. 27 NOVEMBER 1998 Act No. 102,199s SOCIAI. WORK AMENDMENT ACT, 1998 (4 (e) (8) fh) liaison, contemplated in paragraph the minimum the professions standards of education in co-operation with the training institutions, in the to promote field of the training (c)(i), both in the Republic and elsewhere, and to promote the standards of such training in the Republic; to determine persons practising professional to communicate importance performance of its fu.nctions to maintain falling within the ambit of the professional board; and to guide the professions board and to protect the public. to the Minister acquired by the professional on matters of public in the course of the the dignity and integrity of the professions and training of the ambit of the the ambit of the professional in terms of this Act; falling within falling within and enhance information board; board General powers of professional boards GC. (1) Subject to subsection (3), a professional board may- in fees approve from practising the prescribed training schools; conduct examinations to prescribed conditions, his or her profession pending and charge or certificates; and grant respect of such in terms of section 21; and moderators, or where otherwise authorised by this to remove any name from a register or, upon fee, restore thereto, or suspend a registered the carrying out in the mescribed circumstances, Act, direct the registrar payment of the prescribed person of any inquiry appoint examiners certificates, examinations subject consider any matter affecting any profession of the professional board and make representations in connection subject any qualification been obtained wholly or in part, to any prescribed qualification, whereupon person shall, recognised, be deemed after consultation establish a joint stanlding committee or committees boards concerned; perform such other prescribed things as the professional achieve the ambit of the prof’essional board. falling within the ambit or take such action therewith as the professional board considers advisable; (2), upon application by any person, recognise has as being equal, either such has so been and generally, do all such to falling within held by him or her (whether such qualification board or boards, of the board or board considers necessary or expedient to hold such prescribed qualification; the objects of this Act in relation in the Republic or elsewhere) with any other professional the qualification to a profession to the extent to subsection to which functions, and (2) No qualification (l)(e), be recognised as shall, in terms of subsection being equal, either wholly or in part, to any prescribed qualification unless that qualification indicates a standard of professional education and training not lower than that prescribed qualification. (3) The council shall ratify any decision of a professional board relating to a matter not falling entirely within its ambit, and the council shall, for this purpose, determine whether a matter does not fall entirely within the ambit of a professional board.“. Substitution 5 of Act 22 of 1993 of heading of Chapter II of Act 110 of 1978, as substituted by section 5 10 15 20 25 30 75 LO 15 50

10. The following heading is hereby substituted for the heading of Chapter II of the principal Act: “Registration of social workers., student social workers, and persons practising workers professional boards have been established”. other professions [and] social auxiliary in respect of which 55 11 so. lY5lh (;O\‘ERSMENT GAZE-ITE. 27 NOVE.LIBER 1998 Act No. 102, 1998 SOCIAL WORK A%lENDMENTACT, 1998 Substitution 1985, section 6 of Act 48 of 1989 and section 6 of Act 22 of 1993 of section 15 of Act 110 of 1978, as amended by section 6 of Act 68 of Il. The following section is hereby substituted for section 15 of the principal Act: “Unregistered professional boards have been’established persons not to practise professions in respect of which 15. (I ) No person shall- (N) in respect of which professional in any manner whatsoever practise the for gain, directly or indirectly. professions boards have been established, unless he or she has been registered under this Act as a in respect of social worker or as a person practising another profession which a professional board has been established or is deemed to have been so registered; in connection with a board has been (b) give profession established (i) (ii) of which a professional institution, unless he or she- on any aspect of any subject instruction in respect at a training has been registered under another profession person practising board has been established; or professional is a person who is not permanently resident who, with the approval of the professional gives instruction with a profession been established that board may determine; at such training institution in such aspect of such subject in respect of which a professional in the Republic and board concerned. in connection board has in the Republic, as this Act as a social worker or as a in respect of which a (c) to be a social worker, student social worker, in any manner pretend social auxiliary worker or a person practising in respect of which a professional board has been established, while he or she has not been registered under this Act. (2) In so far as any person undergoes practical another profession in a profession training in at a training board has been established, respect of which a professional board has been established as a requirement for the acquisition of a prescribed qualification or she shall be deemed not to practise the profession professional registered another profession established and such practical a social worker or a person practising which a professional board has been established, institution, he in respect of which a provided he or she has been in terms of this Act as a student social worker or as a student of board has been takes place under the supervision of in respect of in respect of which a professional as the case may be. another profession training (3) Subsection (1) shall not applv- for registration and whose application for the prescribed ‘to any person who has satisfied all the requirements qualifications as a social worker, student social worker, social auxiliary worker or as a person in respect of which a professional board practising another profession has been established by the is under consideration this Act under council; to any person other than a social worker or a person practising another board has been of which profession established under this Act who is permitted or authorized in terms of to perform or apply any act which any other Act of Parliament especially pertains in respect of which professional boards have been established, ordinary course of the practice of a profession to any person belonging council as the holder of an office or in the referred to in such Act; to a category of persons designated by the for the purposes of this subsection by notice in the Gazette. to the professions a professional respect in 5 10 I5 20 25 30 35 10 15 50 16 No. IYSftl c i( )\ I.R.U.VEh’T GAZETTE -‘7 NOL’tLlBER 19YX Act No. 102, 1998 SOCIAL WOK K .~\blEhDMENT ACT, 1998 (4) For the purposes of subsection to board has been for gain if he or hhc receives any reward for the performance of in respect of which a to a profession in rexpect of which a professional (1) a person shall be deemed pertains practise a profession established any act which especially professional board has been established.“. -~ Amendment of section 17B of Act 110 of 1978, as inserted by section 9 of Act 48 of 1989 and amended by section 9 of Act 22 of 1993

12. Section 17B of the principal Act is hereby amended by the substitution for subsections (I) and (2) of the following subsections: (I) If it appears to the council- (uj - (iii and institution; that any provision of this Act is not being properly complied with by any training that such improper compliance standards maintained training profession is having or may have an adverse effect on the in respect of education and institution] % training in respect of which a professional board has been established, in [social work maintained at that training institution at that the Minister may, on the recommendation of the council, by notice in the Gazette declare that any specified degree, diploma or certificate awarded by such training institution in the notice will not serve as a prescribed qualification. after a date specified (2) The Minister may, if it appears that satisfactory the council requirements degree, diploma or certificate which subsection (1). withdraw of this Act by any training the said notice.“. provision has been made to him or her upon representations made by the in respect of any issued under is the subject of a notice for complying with concerned institution Amendment 1989 and amended by section 10 of Act 22 of 1993 of section 17C of Act 110 of 1978, as inserted by section 9 of Act 48 of

13. Section 17C of the principal Act is hereby amended by the substitution for subsections (2), (2A), (3), (4) and (5) of the following subsections: board has been established who desires “(2)Iffl A social worker or a person practising another profession in respect of which a professional to have a degree, diploma or certificate other than the prescribed qualification by virtue of which he or she has been registered, or a speciality, shall apply to the registrar, submitting- @ proof that he or she holds the additional qualification registered, in such documentary question as the council may require; or in the case of an application that he or she complies with the prescribed for registration of a speciality, requirements (ii) [submitting] proof [and if]. (6)f that such additional is satisfied [recognized] is a degree, the registrar (l), or, in diploma or certificate that the respect of a speciality, prescribed requirements have been complied with, he or she shall, upon payment of the prescribed fee, cause such degree, diploma or certificate, or speciality, as the case may be, to be entered that such speciality has been prescribed the name of the applicant. in terms of subsection in the register against qualification prescribed and 5 10 15 20 25 30 35 40 (2A)(a) If a social worker or person practising another profession in respect of 45 applies board has been established prescribed under paragraph to have a speciality requirements in terms of this section, but does not satisfy the prescribed which a professional registered for the registration of a speciality, the council may require him or her to pass to the satisfaction of the council, on a date and at a place determined by the council, an appointed by the examination council, for the purpose of determining whether his or her professional knowledge to enable him and skill in the professional or her to practise in respect of which a professional concerned. (h) The field of his or her speciality are adequate the profession of social work or another profession in respect of the speciality board has been established (h) before examiners [Minister may on the recommendation of the council make the] examination which shall be conducted for the (a) and the fees which shall be paid by persons who sit for regulations which prescribe purposes of paragraph such examination shall be as prescribed. 50 55 Act No. 102, 1YYX SOCIAL WORK AMtUDhlENT ACT, 1998 (L.) The registrar shall, upon payment of the prescribed of a social worker or person practisin,p another profession board has been professional examination referred social worker or person practising professional (or), another profession board has been established. to in paragraph he entered against fee, cause the speciality in respect of which a an passed the name of that in respect of which a established who has satisfactorily (3)(u) The registrar shall, on the instruction of the council, remove from the register anv degree. diploma or certificate the name of the holder if in respect of such qualification in terms of this section, thereof has been removed from the roll, register or records of the university, college or institution. or society at or from which that social worker or person practising another profession in respect of which a professional board has been established, obtained or acquired such qualification. registered as an additional qualitication registered in terms of this section, another profession ceases of the speciality (h) The registrar shall, on the instruction of the council, remove from the register if the social worker concerned, or in respect of which a professional board to comply with any prescribed for the in question, or, in the case of a social worker or a board has if such person has in any speciality the person practising has been established registration person practising another profession been established lodged with the registrar a written application question in respect of which a professional for the removal of the speciality in respect of whom a speciality from the register. is registered, requirement removed removed in terms of paragraph in terms of paragraph (b), shall. on the instruction (c) A degree, diploma or certificate (a), or a speciality of the council, be restored by the registrar to the register if the social worker concerned or the person practising another profession in respect of which a professional board has been established- (i) applies on the prescribed (ii) pays the fees (if any) prescribed (iii) in the opinion of the council complies with such other requirements the council may determine. in respect of such restoration; form for such restoration; (if any) as and (4) No person shall take up, use or publish title, description or symbol or she possesses an additional qualification qualification has not been entered indicating or calculated in any manner whatsoever any name, to infer that he (I), if such to lead persons in subsection contemplated in the register against his or her name. (5) No person registered under this Act shall practise as a specialist or shall [hold to be such a specialist, or shall in any other manner profess the in respect of such in respect of whom a speciality has been registered, unless in question has been registered in terms of this section himself out as] pretend to be a person speciality person.“. Amendment of section 17D of Act 110 of 1978, as inserted by section 11 of Act 22 of 1993

13. Section 17D of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections: “( 1) No qualification obtained by virtue of examinations situated outside the Republic shall be prescribed conducted by a training in terms of this Act, institution unless- (0) (h) is situated; another profession the holder thereof to practise as a social worker in respect of which a professional in the country or state in which such training such qualification will entitle or person practising hoard has been established institution the council standard of professional education and training not lower than that prescribed in respect of the education and training of social workers or persons practising other professions boards have been established within in the Republic. of which professional of such qualification that possession is satisfied indicates respect a 5 10 1.5 20 25 30 3.5 10 45 50 55 Act No. 102, I998 SOCIAL WORK AMENDMENT ACT. 1998 referred (2) Subject to subsection (1) to in subsection the council may require a person who holds a (I) and who applies for registration as a qualification social worker under section 17 or as a person practising in respect of which a professional board has been established under section 18A, to pass to the satisfaction of the council. on a date and at a place determined by the council, appointed by the council, possesses adequate professional worker or as a person practising professional board has been established of the official languages of the Republic.“. prescribed examiners for the purpose of determining whether such person and skill to be registered as a social in respect of which a in any and whether he or she is proficient another profession another profession an examination (3) before knowledge subsection under Insertion of sections 18A and 18B in Act 110 of 1978

15. The following sections are hereby inserted after section 18 of the principal Act: “Registration which professional boards have been established of persons practising other professions in respect of MA. (1) The council may, on application made in the prescribed manner, register any person who wishes to practise a profession in respect of which a professional board has been established, other than social work, and who (2), complies with the holds any qualification prescribed conditions and satisfies the professional board concerned that he or she is a fit and proper person (2) The council may prescribe to in subsection referred to be registered as such. the qualifications obtained to registration thereof in the Republic and the conditions the holder which will entitle subject to which such registration may take place. 5 IO 15 20 (3) Different qualifications and conditions may be prescribed in respect 25 of different categories of persons. (4) A person may be registered with more than one professional board. (5) A condition (2) may pertain to the passing of referred to in subsection an examination and the payment of fees prescribed for such examination. (6)(a) The registrar shall issue to any person registered under subsection in a form approved by the council and subject (1) a certificate of registration to the prescribed conditions. (b) The registrar may under and on payment of the prescribed fees, issue to prescribed persons, duplicates of such registration certificates or extracts from any register which he or she is required to keep in terms of this Act. the prescribed circumstances (7) The registrar shall in writing advise every person whose application for registration under subsection rejection.“. (1) has been rejected, of the reasons for the 30 35 Registration professional boards have been established of students of other professions in respect of which 40 MB. (1) The council may, on application made in the prescribed manner, register as a student any person who studies a profession, other than social at a work, in respect of which a professional training and who satisfies the prescribed conditions. board has been established institution (2)(a) The registrar shall issue to any person registered under subsection in a form approved by the council and subject (1) a certificate of registration to the prescribed conditions. (b) The registrar may under and on payment of the prescribed fees, issue to prescribed persons, duplicates of such registration certificates or extracts from any register which he or she is required to keep in terms of this Act. the prescribed circumstances 45 50 22 Xo. 19516 GO\.ERNMENT GAZET-I’E. 27 NOVEMBER 1998 Art No. 102, 1998 SOCIAL WORK AMENDMENT ACT. 1998 (3) The registrar shall in writing advise every person whose application for registration under subsection rejection.“. (1) has been rejected. of the reasons for the Amendment 1985 and section 11 of Act 48 of 1989 of section 19 of Act 110 of 1978, as substituted by section 8 of Act 68 of

16. Section 19 of the principal Act is hereby amended by the substitution for subsection (I) of the following subsection: shall keep separate registers “( 1) The registrar in respect of which professional in respect of social workers, student social workers, [and] social auxiliary workers and persons practising other professions boards have been established in terms of this Act and shall, subject to the provisions of this Act, record registered in the appropriate in the prescribed particulars respect of every such social worker. student social worker. [and] social auxiliary worker and person.“. in the prescribed manner register 5 10 Amendment of section 21 of Act 110 of 1978. as amended by section 10 of Act 68 of 15 1985 and section 12 of Act 48 of 1989

17. Section 21 of the principal Act (1) of the following subsection: subsection is hereby amended by the substitution for “( 1) The council may inquire into alleged unprofessional or improper conduct on the part of a social worker. student social worker, [or] social auxiliary worker or 20 person practising another profession been established, contemplated in respect of which a professional board has and such inquiry shall not be restricted in section 27( l)[(c)](h)." to the acts or omissions Amendment 1985. section 13 of Act 48 of 1989 and section 13 of Act 22 of 1993 of section 22 of Act 110 of 1978, as amended by section 11 of Act 68 of 25

18. Section 22 of the principal Act is hereby amended- ((I) by the substitution for paragraph (n) of subsection (1) of the following paragraph: “Cd) a fine not exceeding (b) by the substitution for subsection [R2 0001 R.5 000.“; and (4) of the following subsection: “(4) Subject to the provisions of [section] sections 17(l), 17A(l), [and] 18(l), 18A(l), and 1 SB( l), the council may, after the expiration of such period as the council in each case may determine, again register as a social worker, student social worker, [or] social auxiliary worker or person practising another profession board has been established, registration has been cancelled under this Act.“. in respect of which a professional as the case may be, any person whose Amendment of section 25 of Act 110 of 1978, as amended by section 80 of Act 88 of 1996 30 35 subsection

19. Section 25 of the principal Act (2) of the following “(2) Any appeal committee the Minister and shall consist of- (a) subsection: is hereby amended by the substitution for 40 referred to in subsection (1) shall be appointed by (h) a [magistrate with at least ten years’experience is versed in law, who shall be the chairperson; two [social workers] persons of senior standing who have no direct interest in the affairs of the appellant employ of the appellant and who are not members of the council.“. and in the profession concerned [and] or are not in the as magistrate] person who 45 21 uo 19516 GO\ ERYMENT GAZETTE. 7: XOVEMBER 199X Act ho. 102. 1998 SOCIAL %‘ORK AklEFiDMENT ACT. 1998 Substitution of 1996 of section 26 of Act 110 of 1978, as substituted by section 81 of Act 88

20. The following section is hereby substituted for section 26 of the principal Act: “Limitation of liability

26. Subject to the provisions of this Act, the council or a professional 5 board or a committee or any member or oflicer thereof shall not be liable in respect of anything done in good faith in terms of this Act.“. Substitution 1985 and section 15 of Act 48 of 1989 of section 27 of Act 110 of 1978, as amended by section 12 of Act 68 of

21. The following section is hereby substituted for section 27 of the principal Act: 10 “Rules 27. (1) The council may, after consultation with the professional board concerned and with the approval of the Minister, make rules relating in practising a professional board has been boards have been established, to- the conduct of social workers. student social workers, social auxiliary in respect of which workers or persons practising other professions their profes- professional sion; the acts or omissions of a social worker, student social worker, social in respect of auxiliary worker or person practising another profession which shall constitute unprofessional the powers, duties and conditions of service of the registrar; the institution, powers and functions of committees; the tariff of fees serving as a guide for the fees which may be charged services rendered by a social worker, student in respect of professional social worker, social auxiliary worker or person practising another profession board has been of which established; any matter which the council considers necessary or expedient or promotion achievement powers or the performance for the of its objects or for the exercise of its of its functions. (2) Different rules may in terms of subsection or improper conduct; established, which a professional respect in (1) be made in respect of and in respect of which professional boards social auxiliary workers social workers, persons practising other professions have been established.“. student social workers, Amendment of section 28 of Act 110 of 1978, as amended by section 13 of Act 68 of 1985, section 16 of Act 48 of 1989 and section 14 of Act 22 of 1993

22. Section 28 of the principal Act is hereby amended- (a) by the substitution for paragraph (a) of subsection (1) of the following paragraph: “(u) the fees which shall be paid annually by social workers, student social workers, [and] social auxiliary workers and persons practis- in respect of which professional boards have ing other professions been established to the council, and the fees which shall be paid to the council in respect of- (i) the registration or re-registration [or] student auxiliary workers or persons social workers, practising other professions in respect of which professional boards have been established, and of additional qualifications, specialities and private practices; of social workers, social 15 20 2s 30 3s 40 45 50 76 NO. 19516 GOVERNMENT GAZE-II-E. Z!7 NOVEMBER 1998 Act No. 102,199s SOCIAL WORK AMENDMENT ACT. 199X (ii) the restoration of a qualification, another profession speciality, practice and name [and] social in to a of such a social worker, student social worker, auxiliary worker and person practising respect of which a professional board has been established register; any application which shall or may be made under this Act; the issue of registration the provision of extracts from any register; any other act which shall or may be performed by the council or by the registrar under this Act;“; certificates or copies thereok (iii) (iv) (v) (vi) (b) by the substitution for paragraph (d) of subsection (1) of the following paragraph: “(d) the institution (i) of an inquiry in terms of Chapter III, including- in which any complaint of alleged unprofessional the manner or improper conduct by a social worker, student social worker, [or] social auxiliary worker or person practising another profession board has been established the manner conducted, matter connected with the institution or conducting (gA) and (gB) of subsection in respect of which a professional shall be lodged with the council; in which any such inquiry shall be instituted and thereat and any other the procedure thereof;“; (1) of the for paragraphs to be followed (ii) (c) by the substitution following paragraphs: “(gA) (i) the requirements to be complied with by an applicant for the (ii) subject another profession registration of a speciality; to which any social worker or person the conditions in respect of which a profes- practising sional board has been established may practise the profession of social work or the other profession in respect of which a professional board has been established, as the case may be, in respect of a registered speciality; (gB) acts which especially pertain to the profession of social work or to board has in respect of which a professional any other profession been established;“; 5 10 1.5 20 25 30 after paragraph (gC) of subsection (1) of the following 35 (d) by the insertion paragraph: “&D) of a professional the constitution, board, which shall at least provide for- (9 functions and functioning (ii) (iii) (iv) (v) (vi) (vii) board to be institutions concerned; representing the community to be represented; to be represented; of one such representative the majority of the members of the professional members of the profession or professions to comprise not less than persons 20 per cent of the membership of the professional board, with a minimum for every profession concerned; relevant educational the welfare authorities one or more persons versed appropriate; board of such commit- the establishment of so many necessary, tees as it considers the professional it may as persons by determine, but including at least one member of the profes- sional board who shall be the chairperson of such committee; the delegation by the professional board of its powers to any person or any committee of the professional board, as it may determine, but the professional board shall not be divested of any powers so delegated; in law to be appointed, where by the professional each consisting appointed board 40 45 50 55 28 No. 19516 CO\~ERNME~?JT GAZETTE. 27 NOVEMBER 1998 Act No. 102, 1998 SOCIAL WOF:K AMENDMENT ACT, 1998 (viii) (ix) the procedure and election. to be followed for the appointment as the case may be, of the members of the professional board: of a chairperson the appointment and by the members of the vice-chairperson board and the powers and functions of such a professional and vice-chairperson; chairperson from nominations the Minister and by (x) the term of office of the members of a professional board;“; and (e) by the substitution for subsection (4) of the following subsection: “(4) Different regulations may under this section be made in respect of [and] social auxiliary workers in respect of which professional social workers, student social workers, and persons practising other professions boards have been established, (a) paragraph (a) of subsection (1) may exempt persons or categories of and regulations under- (hj (c) from payment of the fees contemplated in that paragraph; shall be made after consultation with training persons subsection institutions shall be made with subsection Competition Board established by section 3 of the Maintenance Promotion of Competition Act, 1979 (Act No. 96 of 1979).“. (l)(c) in the Republic; (l)(gB) the concurrence of the and Substitution of section 28A of Act 110 of 1978, as inserted by section 10 of Act 52 of 1995

23. The following section is hereby substituted for section 28A of the principal Act: “Abolition transitional of South African arrangements Interim Council for Social Work, and 28A. (1) The South African Interim Council for Social Work, established 5 IO 15 20 25 by section 2 of this Act before Amendment Act, 1998, shall cease preceding the date of the first meeting of the council. its amendment to exist on by the day the Social Work 1 immediately (2) All rights, obligations, acquired or incurred by the South African for Social Work shall immediately vest in the council and the council shall be deemed to have acquired or incurred such rights, obligations, in terms of this Act.“. assets and liabilities assets and liabilities Interim Council 30 Substitution of section 30 of Act 110 of 1978

24. The following section is hereby substituted for section 30 of the principal Act: 35 “Short title

30. This Act shall be called the Social [Work] Service Professions Act, 1978.“. Substitution of long title of Act 110 of 1978, as substituted by section 18 ofAct 48 of 1989 and section 11 of Act 52 of 1995 40

25. The following long title is hereby substituted for the long title of the principal Act: “ACT of a South African for the establishment To provide [Interim] Council Social [Work] Service Professions and to define its powers and functions; the registration auxiliary workers and persons practising other professions professional boards have been established; social work] professions matters.“. for for [and] social in respect of which for control over the [profession of of social workers, social workers, this Act; and incidental regulated student under for 45 3) So. 19.516 Act No. 102,199s Savings C;O\‘EKS.‘vlENT GAZETTE. 17 SOVEMBER 1998 SOCIAL WORK AMENDMENT ACT, 1998 26. (1) In this section “new council” means for Social established by section 2 of the principal Act as amended by this the South African Council Service Professions, Act. (2) Any inquiry conducted by the South African for Social Work, established by section 2 of the principal Act before its amendment by this Act, including to determine whether prima facie evidence any preliminary conduct exists which would justify such inquiry, by any person, and which has not been concluded at the date of the first meeting of the new council, shall be continued and concluded by the new council. into alleged improper or unprofessional Interim Council investigation undertaken (3) Any person employed by the South African the registrar appointed under section 11, immediately including which the Interim Council be deemed is abolished to have been appointed by the new council. Interim Council for Social Work, prior to the date on in terms of section 28A of the principal Act, shall Short title and commencement

27. This Act shall be called the Social Work Amendment Act, 1998, and shall come in the Gazette. into operation on a date determined by the President by proclamation 5 IO 15