Social Service Professions Act, 1978 (Act No. 110 of 1978)

Chapter IV : General Provisions

28. Regulations

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(1) The Minister may, on the recommendation of the council, make regulations relating to—
(a) the fees which shall be paid annually by social workers, student social workers, social auxiliary workers and persons practising other professions in respect of which professional boards have been established to the council, and the fees which shall be paid to the council in respect of—
(i) the registration or re-registration of social workers, student social workers, social auxiliary workers or persons practising other professions in respect of which professional boards have been established, and of additional qualifications, specialities and private practices;
(ii) the restoration of a qualification, speciality, practice and name of such a social worker, student social worker, social auxiliary worker and person practising another profession in respect of which a professional board has been established to a register;
(iii) any application which shall or may be made under this Act;
(iv) the issue of registration certificates or copies thereof;
(v) the provision of extracts from any register;
(vi) any other act which shall or may be performed by the council or by the registrar under this Act;

[Section 28(1)(a) substituted by section 22 of Act No. 102 of 1998]

(b) the allowances which may be paid to members of the council and of committees in respect of the carrying out of their functions;
(c) subject to the general policy determined by the Minister of National Education in terms of section 2(1)(d) of the National Policy for General Education Affairs Act, 1984 (Act No. 76 of 1984), the minimum requirements for the education and training, and the nature, content and duration of the curricula and practical training, which shall be a requirement for the acquisition of a prescribed qualification;

[Section 28(1)(c) substituted by section 14 of Act No. 22 of 1993]

(d) the institution of an inquiry in terms of Chapter III, including—
(i) the manner in which any complaint of alleged unprofessional or improper conduct by a social worker, student social worker, social auxiliary worker or person practising another profession in respect of which a professional board has been established shall be lodged with the council;
(ii) the manner in which any such inquiry shall be instituted and conducted, the procedure to be followed thereat and any other matter connected with the institution or conducting thereof;

[Section 28(1)(d) substituted by section 22 of Act No. 102 of 1998]

(e) the form of any notice or summons given or served under this Act;

[Section 28(1)(e) substituted by section 14 of Act No. 22 of 1993]

(f)
(i) the registration and conduct of a private practice by a social worker;
(ii) the professional practices of a social worker conducting a private practice;

[Section 28(1)(f) substituted by section 16 of Act No. 48 of 1989]

(g) the documents which shall accompany any application in terms of this Act;
(gA)
(i) the requirements to be complied with by an applicant for the registration of a speciality;
(ii) the conditions subject to which any social worker or person practising another profession in respect of which a professional 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;

[Section 28(1)(gA) substituted by section 22 of Act No. 102 of 1998]

(gB) acts which especially pertain to the profession of social work or to any other profession in respect of which a professional board has been established;

[Section 28(1)(gB) substituted by section 22 of Act No. 102 of 1998]

(gC) the conditions subject to which any person registered in terms of this Act may practise his profession;

[Section 28(1)(gC) inserted by section 14 of Act No. 22 of 1993]

(gD) the constitution, functions and functioning of a professional board, which shall at least provide for—
(i) the majority of the members of the professional board to be members of the profession or professions concerned;
(ii) persons representing the community to comprise not less than 20 per cent of the membership of the professional board, with a minimum of one such representative for every profession concerned;
(iii) relevant educational institutions to be represented;
(iv) the welfare authorities to be represented;
(v) one or more persons versed in law to be appointed, where appropriate;
(vi) the establishment by the professional board of such committees as it considers necessary, each consisting of so many persons appointed by the professional board as it may determine, but including at least one member of the professional board who shall be the chairperson of such committee;
(vii) 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;
(viii) the procedure to be followed for the appointment and election, as the case may be, of the members of the professional board;
(ix) the appointment by the Minister of a chairperson and vicechairperson from nominations by the members of the professional board and the powers and functions of such a chairperson and vice-chairperson; and
(x) the term of office of the members of a professional board;

[Section 28(1)(gD) inserted by section 22 of Act No. 102 of 1998]

(h) any matter, except a matter referred to in section 27, which may or is required to be prescribed under this Act;
(i) generally, all matters which he considers necessary or expedient in order to attain the objects of this Act.

 

(2) The Minister may, if he deems it necessary in the public interest, without the recommendation of the council, but after consultation with the executive committee of the council—
(a)make regulations relating to any of the matters referred to in subsection (1);
(b) by regulation amend or repeal any regulation made under that subsection;
(c) by notice in the Gazette amend or repeal any rule made under the provisions of this Act.

 

(3)Any regulation made under this section may, for any contravention thereof or failure to comply therewith, prescribe a fine, or imprisonment for a period not exceeding three months.

[Section 28(3) substituted by section 14 of Act No. 22 of 1993]

 

(4) Different regulations may under this section be made in respect of social workers, student social workers, social auxiliary workers and persons practising other professions in respect of which professional boards have been established, and regulations under—
(a) paragraph (a) of subsection (1) may exempt persons or categories of persons from payment of the fees contemplated in that paragraph;
(b) subsection (1)(c) shall be made after consultation with training institutions in the Republic;
(c) subsection (1)(gB) shall be made with the concurrence of the Competition Board established by section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979).

[Section 28(1)(4) substituted by section 22 of Act No. 102 of 1998]

 

[Section 28 substituted by section 13 of Act No. 68 of 1995]