SOCIAL WORKERS' ASSOCIATION OF ZAMBIA ACT

to continue the existence of the Social Worker's Association of Zambia; provide for the registration of social workers and regulate their professional conduct; provide for disciplinary procedures for social workers in the social work profession; and provide for matters connected with, or incidental to, the foregoing.

[On Notice]

Act 4 of 2022.

PART I
PRELIMINARY PROVISIONS

1. Short title and commencement

This Act may be cited as the Social Worker's Association of Zambia Act, and shall come into operation on the date appointed by the Minister by statutory instrument.

2. Interpretation

In this Act, unless the context otherwise requires-

"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"Association" means the Social Worker's Association of Zambia continued under section 3;

"Association member" means a person registered as a member of the Association in accordance with this Act and the constitution, and "membership" shall be construed accordingly;

"certificate of registration" means the certificate of registration issued under section 14;

"Chairperson" means the person appointed as Chairperson of the Disciplinary Committee under section 36;

"code of ethics" means the code of professional conduct adopted and published by the Association for the purposes of this Act;

"constitution" means the constitution of the Association;

"Council" means the Council of the Association constituted under section 8;

"council member" means a person elected as a council member in accordance with section 8;

"Deputy Registrar" means the person appointed as Deputy Registrar under section 10;

"Disciplinary Committee" means the Disciplinary Committee constituted under section 36;

"field of speciality" includes clinical social work, medical and prison social work, mental health and disability social work, therapy and counseling social work, group and family social work, community development social work, social work research and social work administration;

"higher education institution" has the meaning assigned to the words in the Higher Education Act, 2013;

"Law Association of Zambia" means the Law Association of Zambia established by the Law Association of Zambia Act;

"legal practitioner" has the meaning assigned to the word "practitioner" in the Legal Practitioners Act;

"legally disqualified" means the absence of legal capacity as provided in section 4 of the Mental Health Act, 2019;

"mental health practitioner" has the meaning assigned to the words in the Mental Health Act, 2019;

"practising certificate" means a certificate issued under section 22;

"President" means the person elected as President of the Association under section 6;

"professional misconduct" means the conduct referred to under section 34;

"register" means the register prepared and maintained in accordance with section 30;

"Registrar" means a person appointed as Registrar under section 10;

"relative"has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"social work" means the practice that seeks to enhance or restore human well being through social case work, social group work, community development, social administration and social research;

"social worker" means a person who holds a minimum qualification of a diploma in social work from a registered higher education institution;

"Vice-Chairperson" means the person appointed as Vice-Chairperson of the Disciplinary Committee under section 36;

"Vice-President" means the person elected as Vice-President of the Association under section 6; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.

PART II
THE SOCIAL WORKERS' ASSOCIATION OF ZAMBIA

3. Establishment of Social Worker's Association of Zambia

(1) The Social Worker's Association of Zambia registered under the Societies Act is continued as if established under this Act.

(2) The Association is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to this Act, to do acts and things that a body corporate may, by law, do or perform.

(3) The First Schedule applies to the Association.

4. Functions of Association

The functions of the Association are to-

(a) register social workers and regulate their professional conduct;

(b) represent, co-ordinate and develop the social work profession and promote its interests;

(c) recommend to the Zambia Qualifications Authority and other relevant institutions the development and maintenance of appropriate standards of qualification in the social work profession;

(d) promote the integrity and enhance the status of the social work profession;

(e) promote the implementation of international standards relating to the social work profession;

(f) collaborate and participate in the activities of bodies whose main purpose is the development and setting of practice standards for the social work profession;

(g) undertake research in social work related issues;

(h) investigate allegations of professional misconduct by a social worker;

(i) advise Government on matters relating to the social work profession; and

(j) collaborate with higher education institutions, Government departments and other institutions in improving the quality of the social work profession.

5. Constitution of Association

(1) The Association shall, by a vote of at least two-thirds of the Association members voting at a general meeting of the Association, adopt a constitution and may, in a like manner, amend it.

(2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Association.

(3) Subject to sub-section (1), the constitution may provide for-

(a) the classes of membership and their rights, privileges and obligations;

(b) the meetings of the Association, including the delivery and sufficiency of notices of the meetings, quorum, voting, adjournment and other matters of procedure or conduct of the meetings;

(c) the election, qualifications and tenure of office of the President, Vice-President and other office bearers of the Association;

(d) composition, functions, powers and procedures of the committees of the Association;

(e) establishment, powers and functions of the branches of the Association; and

(f) any other matter as the membership may determine.

6. President and Vice-President of Association

The Association shall elect the President and the Vice-President of the Association in accordance with the provisions of the constitution.

7. Meetings of Association

(1) Subject to this Act, the Association may regulate its own procedure.

(2) The meetings of the Association shall be conducted in accordance with the provisions of the constitution.

(3) The validity of any proceeding, act or decision of the Association shall not be affected by any person's absence from a meeting of the Association or by reason that a person not entitled to do so took part in a proceeding of the Association.

PART III
THE COUNCIL OF THE ASSOCIATION

8. Council of Association

(1) There is constituted the Council of the Association which shall be responsible for the management and control of the affairs of the Association.

(2) The Council shall be elected in accordance with the provisions of the constitution.

(3) The Council consists of the following council members-

(a) the President of the Association;

(b) the Vice-President of the Association;

(d) the Treasurer; and

(e) five other professional members.

(4) A person does not qualify to be elected as a member of the Council if that person-

(a) is legally disqualified from performing the functions of a member;

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