Executive
Council Resolution No. (20) of 2011
Regulating
Social Wok
Professions in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin Rashid Al
Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,
After
perusal of:
Law
No. (1) of 2000 Establishing the Dubai Technology and Media Free Zone and its
amendments;
Law No. (4) of 2001
Concerning Free Zones;
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (12)
of 2008 Establishing the Community Development Authority in Dubai and its
amendments;
Law No. (25) of 2009
Concerning the Dubai International Airport Free Zone;
Law No. (35) of 2009
Concerning Management of the Public Funds of the Government of Dubai;
Decree No. (1) of 1985
Establishing the Jebel Ali Free Zone Authority and its amendments; and
Decree No. (22) of 2009
Concerning Special Development Zones in the Emirate of Dubai,
Do hereby issue this Resolution.
The following words and expressions, wherever mentioned
in this Resolution, will have the meaning indicated opposite each of them unless
the context implies otherwise:
|
UAE: |
The United
Arab Emirates. |
|
Emirate: |
The Emirate of
Dubai. |
|
CDA: |
The Community
Development Authority in Dubai. |
|
Director
General: |
The director
general of the CDA. |
|
Department: |
The Social
Sector Regulatory and Licensing Department of the CDA. |
|
Committee: |
The Committee
for Licensing Professionals in the Social Work Sector. |
|
Social Work
Profession: |
A profession
which attends to the welfare of individuals and groups, studying their
conditions, rehabilitating them, and providing them with therapy, with a view
to improving their living conditions through the provision of appropriate
humanitarian conditions. This includes Social Counsellors, Social Workers,
Social Therapists, and Special Education Teachers. |
|
Social Counsellor: |
A person who
practises the profession which involves applying the principles of social
counselling to find the methods, procedures, and solutions required to help
individuals enhance their personal, social, and educational effectiveness;
their professional development; and their adaptation. |
|
Social Worker: |
A person who
practises the profession which involves identifying social problems of
individuals, and their causes and effects on these individuals, and providing
individuals with appropriate solutions to enhance their personal, social, and
economic competencies. |
|
Social
Therapist: |
A person who
practises the profession which involves treating psychological, emotional,
and behavioural disorders of individuals through providing them with
non-medical treatment for these disorders. |
|
Special
Education Teacher: |
A person who
practises the profession which involves providing education to individuals
with special needs through specialised educational programmes and plans, with
a view to socially and academically rehabilitating and empowering them. |
|
Professional: |
A person
licensed to practise a Social Wok Profession. |
The provisions of this
Resolution will apply to all persons practising Social Work Professions in the
Emirate, including in free zones and Special Development Zones.
No person may practise,
in the Emirate, any of the Social Work Professions regulated by this Resolution
without first obtaining a licence from the CDA in accordance with the
procedures and conditions stipulated herein.
a.
A committee named the “Committee for Licensing Professionals in the Social
Work Sector” will be formed at the Department. The Committee will be comprised
of a chairman and four (4) specialised and experienced members.
b.
The Director General will issue a resolution appointing Committee
members and determining the procedures for holding its meetings and passing its
resolutions.
The Committee will have
the duties and powers to:
1.
issue and renew licences of persons practising Social Work Professions;
2.
consider complaints filed against Professionals, investigate any
violations they commit, and impose the penalties stipulated in this Resolution
against violators; and
3.
perform any other duties assigned to it by the Director General.
To be licensed to
practise a Social Work Profession, a person must:
1.
hold
a bachelor’s degree or an equivalent degree from an educational institution
recognised in the UAE in a major that is relevant to the Social Work Profession
to be practised;
2.
have
work experience for a period of no less than one (1) year in the profession to
be practised;
3.
have
full legal capacity;
4.
be
of good character and repute and not have been convicted of any felony or other
crime affecting honour or trustworthiness, unless he has been rehabilitated;
5.
be
residing in the UAE; and
6.
meet
any other requirements prescribed by the CDA.
Fresh graduates, who do not meet
the experience requirement stipulated in sub-paragraph (2) of Article (6) of
this Resolution, may be licensed to practise Social Work Professions subject to
the following conditions:
1.
the graduate
must be supervised by a Professional for a period of no less than one (1) year;
2.
the
supervising Professional must have work experience for a period of no less
three (3) years in the Social Work Profession he is licensed to practise; and
3.
the
profession of the supervising Professional must be relevant to the profession
of the person he supervises.
a.
Applications for licences to practise Social Work Professions must be
submitted to the Department on the form prescribed for this purpose, together
with the required documents. The Director General will determine, by a
resolution he issues for this purpose, the documents that must be attached to
licence applications.
b.
The Department will maintain a register for recording licence applications. An
applicant will be given notice of his application submission date. The Director General will determine the form of this register
and the data and information that must be entered therein.
a.
The Department will consider licence applications and will send, at
the applicant’s expense, verification forms to the following entities to verify
the authenticity of academic and work experience certificates:
1.
the
educational institution from which the applicant has received his academic
qualification;
2.
the licensing
entity by which the applicant has been licensed in his home jurisdiction; and
3.
the entity
that has issued the work experience certificate to the applicant.
b.
A licence
application will be considered complete once the Department receives the
verification forms from the entities referred to in the previous paragraph,
provided that these forms conform to the specific standards determined by the
Department.
c.
The
Department will submit its recommendations on any licence application to the
Committee within fourteen (14) days from the date of receiving back the
verification forms. The Department may, during this period, request obtaining
the approval of any concerned entity, submitting any documents, or fulfilling
any other requirements it deems necessary to complete the licensing process.
d.
The Committee
will determine a licence application within fourteen (14) days from the date of
submission of the same to it. The application will be deemed rejected if no
decision is issued within this period.
A licence to practise a Social
Work Profession will be granted upon meeting all the requirements stipulated in
this Resolution. A licence will be valid for a period of two (2) years, renewable
for the same period.
Upon
being issued a licence for the first time, a Professional must attend, within
two (2) years from the issue date of the licence, at least forty (40) hours of
continuing professional education programmes in the profession he is licensed
to practise. The Committee may exempt a Professional from this requirement if
the Committee is satisfied that he has sufficient qualifications and
experience.
a.
A Professional must submit his licence renewal application at least one (1)
month prior to its expiry on the form prescribed for this purpose, together with the required documents. The Director General will, pursuant to a
resolution he issues for this purpose, determine the documents that must be
attached to the licence renewal application.
b.
For the
purpose of renewing a licence, a Professional must meet the continuing
professional education requirement stipulated in Article (11) of this
Resolution.
c.
The Committee
will determine a licence renewal application within fourteen (14) days from the
date of submission of the same to it. The application will be deemed rejected
if no decision is issued within this period.
d.
A licence
will be renewed upon meeting all the licensing requirements stipulated in this
Resolution.
A Professional must comply with
the provisions of this Resolution and the instructions issued in pursuance hereof,
and with the terms of his licence; and must not violate the same or conduct any
other activity without first obtaining the relevant approval of the Department.
The Department will have the
duties to:
1.
oversee and supervise persons practising Social Work Professions; and
2.
supervise the preparation, implementation, and follow-up of the training,
educational, and qualification programmes and courses for Professionals.
A Professional must:
1.
perform the duties of his Profession with precision and integrity;
2.
comply, in the course of performing his duties, with the recognised
academic and practical principles and standards of his specialisation in
particular, and with recognised professional standards in general; and use the
latest techniques where possible;
3.
perform his duties with due diligence, awareness, and insight;
4.
not exploit
the needs of clients to gain illegal benefits for himself or for others. The
term “Illegal Benefit” means any monetary or in-kind benefit that would not
have been gained without exploiting the need of a client for therapy. This does
not include the pay that a Professional receives for his services;
5.
not discriminate against clients or colleague Professionals on the
basis of religion, race, social values, gender, or nationality;
6.
comply with the professional rules, regulations, and procedures adopted
by the establishment in which he works, and those recognised internationally;
7.
create a record for each client in which his social condition, and his
and his family social history, are maintained for reference, to ensure
appropriate social intervention;
8.
cooperate with other concerned professionals, including physicians involved
in providing therapy to clients; and provide, upon request, all information he
has on clients and the social intervention method adopted by the Professional;
9.
inform each client of his case and the seriousness of his condition, or
inform his relatives of the same in either of the following cases:
a.
where the client is of defective legal capacity or is legally
incapacitated; or
b.
where the physical or psychological condition of the client makes it
impossible to inform him personally, and it is impossible, for any reason
whatsoever, to obtain his consent to inform his relatives of his condition;
10.
consult, where necessary, with specialised Professionals;
11.
not refrain from intervention in emergencies;
12.
not use unauthorised or illegal methods of intervention;
13.
not disclose any confidential information he may have access to by
reason of or in the course of practising his Profession. However, this
prohibition may not apply in any of the following cases:
a.
where the information is disclosed upon the request of the client,
unless that client is of defective legal capacity or is legally incapacitated;
b.
where this information is disclosed to prevent or report a crime. In
this case, the information may be disclosed only to the competent authority; or
c.
where a Professional is appointed as an expert by a judicial or
investigation authority in the UAE or where he is summoned as a witness in any
investigation or lawsuit;
14.
refrain from
performing any medical procedure; and
15.
where
necessary, refer the client for medical treatment.
A Professional must
provide the Department with any data or information it requires or which is
relevant to his activities. These information and data include but are not
limited to:
1.
his annual work plans and programmes, comprising his social programmes;
2.
a list of the
entities and organisations he cooperates with within and outside of the
Emirate;
3.
the external
events in which he has participated or wishes to participate; and
4.
the audio,
visual, and print advertisements and material produced, published, or
distributed by him. In all events, the prior written approval of the Department
must be obtained before producing, publishing, or distributing such
advertisements and material.
a.
Without
prejudice to any stricter penalty prescribed by any other legislation, a person
who commits any of the violations stipulated in the Schedule attached to this
Resolution will be punished by the penalty indicated opposite that violation.
Upon repetition of the same violation within one (1) year from the date of the
previous violation, the amount of fine will be doubled. A doubled fine must not
exceed twenty thousand Dirhams (AED 20,000.00).
b.
In addition to the penalty of a fine referred to in paragraph (a) of this
Article, one or more of the following measures may be taken against a violator:
1.
suspension from practice of the Profession for up to three (3) months;
and/or
2.
revocation of the licence.
Where a Professional commits an
act that constitutes a crime punishable under applicable legislation, the
Director General must refer that Professional to the competent entity.
Employees of the Department
nominated by the Director General will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this
Resolution and the resolutions issued in pursuance hereof. They may access
establishments in which Social Work Professions are practised; review their
records and entries; and issue the necessary violation reports.
a.
An applicant for a licence may submit a grievance to the Director General
against the decision of the Committee rejecting his application within fifteen
(15) days from being notified of that decision or from the date of expiry of
the period stipulated in paragraph (d) of Article (9) hereof.
b.
A Professional may submit a grievance against the decision of the Committee
rejecting the renewal of licence or imposing any of the penalties stipulated
herein against that Professional, within fifteen (15) days of being notified of
that decision.
c.
The
grievances referred to in paragraphs (a) and (b) of this Article must be
determined within fifteen (15) days of their submission.
d.
The decision
issued by the Director General on the grievance will be final.
For the purpose of performing its
duties under this Resolution, the Department may seek assistance from local
Government entities in the Emirate, including police personnel.
a.
All persons
practising Social Work Professions by the effective date of this Resolution
must comply with the provisions of this Resolution within one (1) year from the
date on which it comes into force, failing which the Department may take legal
actions against violating Professionals.
b.
Notwithstanding the provisions of paragraph (1) of Article (6) of this
Resolution, the Director General will form a committee to consider cases of
practice of Social Work Professions by persons who do not hold the required
academic qualifications, to take the necessary actions regarding the licensing
of these persons.
The Director General will issue
the bylaws and resolutions required for the implementation of the provisions of
this Resolution.
This Resolution will be
published in the Official Gazette and will come into force on the day on which
it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the
Executive Council
Issued in Dubai on 9
June 2011
Corresponding to 7 Rajab 1432 A.H.
|
SN |
Violation |
Fine (in Dirhams) |
|
1 |
Practising a Social Work Profession without a licence |
5,000.00 |
|
2 |
Violating any of the provisions of Article (15) of this Resolution |
5,000.00 |
|
3 |
Failure to comply with any of the resolutions and instructions
issued by the CDA |
1,000.00 |
|
4 |
Publishing any audio, print, or visual advertisements without
first obtaining the approval of the CDA |
1,000.00 |
©2017 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an accurate
and complete English version of this legislation. However, for the purpose of
its interpretation and application, reference must be made to the original
Arabic text. In case of conflict the Arabic text will prevail.