Social Workers Law, 5756-1996
חוק העובדים הסוציאליים, תשנ"ו-1996
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Chapter VI: Disciplinary Adjudication
Disciplinary Offences§
A social worker who has done any of the following has committed a disciplinary offence:
Composition of the Disciplinary Committee§
Term of Office§
Termination of Office§
The office of a member of the Disciplinary Committee shall be terminated by the delivery of notice to that effect by the Minister, upon the occurrence of any of the following:
Suspension from Office§
The Minister may suspend a member of the Disciplinary Committee from office by delivering notice to that effect upon the occurrence of any of the following:
Independence§
In the performance of duties, a member of the Disciplinary Committee is subject to no authority other than the authority of the law.
Quorum§
The Disciplinary Committee shall not sit in a composition of fewer than two members, including the chairperson.
Prosecutor and Investigator and Their Functions§
Striking Off Does Not Prevent Filing of a Complaint§
The striking of a social worker's name from the Register, or the suspension of registration in the Register, shall not prevent a prosecutor from filing a complaint against that person before the Disciplinary Committee, provided that the complaint is filed within 12 months of the date of the striking off or the suspension. The recording of a restriction in the Register in respect of a social worker shall not prevent a prosecutor from filing a complaint against that person before the Disciplinary Committee.
Proceedings before the Disciplinary Committee§
Disqualification of a Member of the Disciplinary Committee§
Rules of Procedure§
The Minister of Justice, after consultation with the Minister, shall prescribe the rules of procedure before the Disciplinary Committee; as long as Regulations have not been made, or in a matter for which no provision has been made in the Regulations, the Committee shall act in the manner it considers most just and expedient.
Rules of Evidence§
The Disciplinary Committee is not bound by the rules of evidence except to the extent prescribed in Regulations made by the Minister of Justice in consultation with the Minister.
Disciplinary Penalties§
If the Disciplinary Committee finds that the respondent has committed a disciplinary offence, it may take against the respondent one or more of the following measures:
Conditional Penalty§
Renewal of a Struck-Off Registration§
A person whose name has been struck off the registration in the Register pursuant to section 40(5) may, upon the expiry of 5 years from the date of the striking-off decision, submit to the Registrar an application for re-registration, and if the Registrar is satisfied, after consultation with the Registration Committee, that circumstances exist that justify doing so, the Registrar may renew the registration.
Notice to Complainant§
Where a disciplinary complaint was filed on the basis of a complaint by a certain person, the prosecutor shall notify the complainant as aforesaid of the decision of the Disciplinary Committee in the matter of the complainant's complaint.
Appeal§
A prosecutor and a respondent may, within 45 days after service of the decision of the Disciplinary Committee pursuant to sections 40 or 41, appeal against it to the District Court; the filing of the appeal shall not prevent or delay execution of the decision of the Disciplinary Committee against which the appeal was filed, unless the District Court has decided otherwise.
Disqualification on Grounds of Mental Illness§
If the Disciplinary Committee had reasonable concern that, by reason of mental illness, the respondent is incapable of standing trial or is not responsible for the act or omission that is the subject of the complaint, it may request the Registrar to act in accordance with the provisions of Chapter V; however, if the respondent's registration in the Register has not been deleted or suspended pursuant to the provisions of Chapter V, the Disciplinary Committee shall continue with the disciplinary proceeding.
Publication§
The Disciplinary Committee may, after having heard the prosecutor and the respondent, order the publication of its decision or part thereof, with or without the name of the respondent, in such manner as it shall determine.
Suspension§
Double Jeopardy§
Punishment or acquittal in criminal proceedings shall not prevent the Disciplinary Committee from taking measures in respect of a disciplinary offence against a person registered in the Register on account of the same act or omission, and the taking of measures or acquittal by the Disciplinary Committee shall not prevent that person's prosecution in criminal proceedings.
Disciplinary Proceedings and Criminal Proceedings§
Where an indictment has been filed against a social worker in respect of an act or omission that also constitutes grounds for proceedings before the Disciplinary Committee under this Law, the Disciplinary Committee shall stay its proceedings on the complaint until a final judgment is given in the criminal trial, unless the Committee has decided otherwise for special reasons that shall be recorded.
Disciplinary Jurisdiction under Another Enactment§
A social worker who is subject to disciplinary jurisdiction under another enactment as well may be tried for a disciplinary offence under this Law even if already tried for the same act or omission under the other enactment, and may likewise be tried as aforesaid under the other enactment even if already tried for a disciplinary offence under this Law, provided that a fine shall not be imposed on that person more than once in respect of the same act or omission.
Judgment in Criminal Trial§
The findings and conclusions in the verdict of a final judgment in criminal proceedings that convicts the respondent shall be deemed to have been proved in the disciplinary proceeding against that respondent.
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Contact Us →Chapter VII: The Council for Social Work
Appointment and Composition of the Council for Social Work§
The Minister shall appoint a Council for Social Work, which shall comprise 31 members, and its composition shall be as follows:
Function of the Council§
The Council shall advise the Minister on matters in respect of which the Minister is required to consult the Council under this Law and on other matters relating to the practice of social work.
Term of Office§
A member of the Council shall serve for three years and may be reappointed; if a member's position falls vacant, another member shall be appointed in the same manner in the member's place and shall serve until the end of the term of office of the predecessor; a person who has served as a member of the Council for two consecutive terms may be reappointed to it only after an interval of 3 consecutive years.
Committees§
Participation in Meetings§
The Registrar and the Chairperson of the Registration Committee may participate in meetings of the Council and its committees, without the right to vote.
Rules of Procedure§
The Council and any committee appointed by it may determine their own rules of procedure, insofar as these have not been determined under this Law.
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