Malaysia legislation
Section 128
Section 128
(2)
Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes:
(a)
to prescribe the conduct, management, discipline and control of approved schools, Henry Gurney Schools, probation hostels, places of detention or centres;
(b)
to provide for the maintenance, discipline, treatment and education, vocational or otherwise, of the children or other persons detained in approved schools or Henry Gurney
Schools including—
(i)
the powers, duties and functions of the Board of
Visitors;
(ii)
the grant of leave of absence to children and other persons detained;
(iii)
visits to, and inspections of, the schools by persons or bodies of persons appointed by the Minister from time to time for any area or areas; and
(iv)
the order or punishment for breaches of discipline of children or other persons detained;
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(c)
to prescribe the duties and responsibilities of Protectors,
Assistant Protectors and probation officers;
(d)
to prescribe the constitution and duties of Child Welfare
Child Protection Teams and Child Welfare Teams;
(e)
to prescribe the qualifications, duties and training of advisers;
(f)
to provide for the care, control, detention, discipline, admission, discharge and aftercare, temporary absence, maintenance, education and training of children placed in places of safety and places of refuge;
(g)
to regulate the management, administration, visitation and inspection of places of safety and places of refuge;
(h)
to provide for—
(i)
the care, maintenance and education of children placed in the care, custody or control of any fit and proper person under the provisions of this Act; and
(ii)
the duties of such fit and proper person in taking care of the child;
(i)
to prescribe the selection and qualifications of fit and proper persons with whom a child in need of care and protection may be placed;
(j)
to require the persons in charge of places of safety and places of refuge to submit to the Director General returns, reports and information in respect of children placed therein;
(k)
to prescribe the duties and responsibilities of foster parents;
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(l)
to prescribe the composition, duties, functions and procedures of conducting the business of Boards of
Visitors;
(m)
to prescribe the procedures and practice of Child
Protection Teams and Child Welfare Teams;
(n)
to prescribe the particulars, photographs or other means of identification to be furnished in relation to a child in need of protection;
(o)
to require the furnishing of information as to changes of address of every child in need of protection and of the persons having custody of the child, and the transfer of records and registers in such cases;
(p)
to prescribe the records to be kept in respect of every child in need of protection and the manner in which the records shall be kept;
(q)
to prescribe the keeping and maintenance of Registers;
(r)
to prescribe the forms to be used and information to be furnished for any of the purposes of this Act;
(s)
to prescribe the form of notices, orders, warrants, summonses and bonds under this Act and the manner of service thereof;
(t)
to prescribe the functions, powers and duties of officers and persons conferred with powers under this Act and the manner and conditions in and under which the powers conferred by this Act shall be exercised by the officers or persons;
(u)
to prescribe any other matter required or permitted to be prescribed under this Act; and
(v)
to provide for any other matter which the Minister deems expedient or necessary for the purposes of this Act.
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(3)
Regulations made under subsection (1) may provide that the contravention of any provision in the regulations is an offence and that the person who commits the offence is punishable on conviction with a fine or a term of imprisonment or both but may not provide for the fine to exceed ten thousand ringgit or the term of imprisonment to exceed three years.