Women, Family and Community Development Minister Datuk Seri Nancy Shukri (main image) is scheduled to lead a town hall session today with stakeholders to provide insights and obtain feedback on the soon-to-be-tabled Social Work Profession Bill.
Despite social work and social workers playing a pivotal role in nation-building for over seven decades in Malaysia, the profession and the services they provide are neither regulated nor legally recognised as a profession.
The Bill aims to regulate the profession by elevating the status of social workers to that of professionals, thereby improving the efficiency and management of social work services.
The ministry, however, is expected to face resistance from stakeholders – namely academicians, civil society organisations, and social workers themselves – who have long pushed for the Bill to be tabled.
The reason? The proposed Bill will only regulate social workers outside the public sector.
This would mean that social workers from the Welfare Department and those serving in other ministries, state departments, government agencies, and local councils nationwide would be exempted from regulation.
Proponents of the Bill argue that it makes no sense to exempt the Welfare Department and other government officers, as the Bill was always intended to strengthen professional social work within government agencies.
On Wednesday, a group including those from the healthcare sector, social workers, and children and women’s advocacy groups – said that “in its current form, the Social Work Profession Bill is seriously and fundamentally flawed”.
The group of 49, said that a large proportion of social work takes place in government agencies – especially critical areas like child protection, domestic violence, those living in poverty, and stateless individuals.
The group said they are reluctant to delay the Bill but believe it is better to fix it than to enact a law that does not solve problems. Their concern is valid.
Social workers outside government service insist there must be open, transparent, and standardised regulation, along with a minimum qualification requirement for all social workers in Malaysia. This mirrors regulations in other Southeast Asian nations, including the Philippines and Thailand.
However, it is understood that only slightly over 30 per cent of the 3,000 social workers in the Welfare Department meet the minimum entry requirement – namely, a formal qualification in social work. As such, their competency and ability to carry out their duties have often come under scrutiny.
In essence, there should not be two sets of rules governing one profession.
The Social Worker Alliance Malaysia said: “By creating two systems of regulation of social work, there is a risk that a successive government may impose double standards between private sector social workers and public sector social workers. There is a danger that private sector social workers under a statutory regulatory framework will be subject to higher standards, obligations and legal consequences.”
On the flip side, the government is adamant there must be no further delay in tabling the Bill. An insider familiar with the matter told Twentytwo13 that while the Bill was initially intended to cover public sector social workers, the plan fizzled out and is “not feasible to do so at this point”.
The insider acknowledged that fewer than 1,000 Welfare Department social workers currently possess the minimum qualification. Including them in the Bill, the insider said, would mean those in the lower grades risk losing their jobs.
“Public sector social workers undergo continued professional development training yearly,” the source added, saying these trainings ensure those in the public sector are equipped with up-to-date knowledge and skills required for their roles.
“If we were to include government social workers under the Bill, what would happen to their current jobs?”
The insider added that local councils also employ social workers to serve underprivileged groups in public housing schemes. Their work may be affected if they are to be regulated under the proposed Bill.
It is learnt that state governments are not too keen on the Bill.
“Just a few years ago, at least three states rejected the idea of having the Bill,” the insider added. “We need to obtain consensus from all states. It cannot be just a majority of states agreeing to have their social workers regulated.”
In 2014, former Sarawak Chief Minister Tan Sri Adenan Satem said the state would not adopt the then-proposed Social Workers Bill if it were passed in Parliament. He had said it “could kill the spirit of volunteerism” in the state if social workers were required to have the necessary academic qualification.
Volunteers and charity workers are not social workers.
Putrajaya is also of the view that government social workers are already “regulated”, as they follow official guidelines set by the authorities.
“As such, if our social workers breach the set guidelines, they can be reprimanded and disciplinary action can be taken against them. But there is no such guideline for those outside,” the source added.
The idea of regulating the private sector, including registering them under a Council, would also facilitate the creation of a national registry of social workers.
“The registry can act as a pool for hiring social workers in the government sector. The government can, in future, make it a requirement for new hires in the public sector to be registered members of the Council.”
The ministry may also consider allowing government social workers to register with the Council if they qualify – though this would subject them to both government and Council regulations, the insider added.
It is understood the mooted Bill is only the first step towards full regulation of the profession in the long term. This includes the possibility of improving and amending the Act once it is gazetted.
“There will be those who disagree. But at this point, we see this as the only option for us to move forward, given the current shortcomings we face,” the insider said.
A senior social worker, however, rejected this claim.
“We are not advocating for everyone doing social work in the government sector to be regulated,” said the senior social worker, who requested anonymity.
“Only those who go to court, provide psychosocial interventions such as counselling, or work with victims of trauma should be regulated.
This core group, according to the senior social worker, would already possess some qualifications, including a diploma and a degree.
“Those who conduct home visits and escort duty do not have to be regulated.
“We are not talking about those with SPM or STPM qualifications. The ministry should engage with the right people to get a better understanding of the issue.”
The senior social worker also said it was wrong to assume there were no set guidelines for social workers in the private sector.
“They need to check with the relevant bodies, including the Malaysian Association of Social Workers.”
On suggestions that the law can be improved or amended later to include social workers in the government sector, the social worker said: “I can tell you, it will never happen.”
