*CARE CENTRES ACT 1993

any government hospital, or any private hospital licensed under the Private Healthcare Facilities and Services Act 1998 [Act 586];

any institution or premises subject to control under, and lawfully established, registered, operated, or managed in accordance with, the Education Act 1996 [Act 550];

any child care centre registered under the Child Care

Centre Act 1984 [Act 308];

any institution or premises for the treatment, rehabilitation, or aftercare of drug dependants, lawfully established or operated under the Drug Dependants

(Treatment and Rehabilitation) Act 1983 [Act 283];

any institution or premises operated or managed by the

Federal Government or a State Government; or

any institution or premises used by the Federal

Government or a State Government for the temporary housing or care of persons on the occurrence of any event which gives rise to an emergency, or in the interests of public safety.

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding one thousand ringgit for every day during which the offence continues.

If a care centre is in operation immediately before the date of the coming into force of this Act, it shall not be an offence under this section for any person to operate or to take part in the management of the care centre—

The Director General may register or may refuse to register any care centre.

For the purpose of considering an application for the registration of a care centre, the Director General may—

Without prejudice to the generality of his powers under subsection (2), the Director General may refuse to register any care centre if any requirement of the law relating to the operation of the care centre or relating to its premises has not been complied with.

Conditions to be imposed

limiting the number of persons who may be received at the care centre at any time;

to ensure that any person employed at the care centre, whether in its management or otherwise, is a fit and proper person, whether as regards age or otherwise, to be employed at the care centre;

to ensure that the care centre will be adequately staffed by a sufficient number of persons with suitable qualifications or experience;

to ensure that the services for the care, control, custody, treatment, and training of the residents or the persons received for care at the care centre are well provided;

to ensure that adequate and balanced diets and sufficient rest and recreation are provided at the care centre;

to ensure that the care centre will be adequately and suitably equipped and maintained, particularly in the interests of health;

to ensure that adequate arrangements will be made for suitable and proper medical treatment, physiotherapy, psychotherapy, occupational therapy, or any other treatment, within a reasonable time, in respect of any

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ailment suffered by the residents or persons received for care at the care centre;

to ensure compliance at the care centre with any requirement of law or of any authority relating to the structure of the building, fire precautions, health, sanitation, and safety;

requiring the payment of such sum of money as may be determined by the Director General as a security deposit to ensure the compliance by the operator with the provisions of the Act, the regulations made under section 24, and the conditions imposed under this section, and for the protection and in the interests of the residents and persons received for care at the care centre.

Register of care centres

a register of residential care centres; and

a register of day care centres, registered under this Act containing, in respect of each centre—

the name and address of the operator of the care centre;

A copy of or an extract from an entry in the register purporting to be certified under the hand of the Director General shall, until the contrary is proved, be admitted in evidence as proof of the facts stated therein as at the date of the certificate.

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Inspection of register

The certificate of registration shall be issued to the operator of the care centre and shall not be transferable.

The registration of a care centre and the certificate of registration issued in respect thereof shall be valid for sixty calendar months.

A copy of the certificate of registration issued by the Director

General under this section shall be exhibited in a conspicuous place in the premises specified in the certificate of registration.

Where any change occurs in any of the circumstances particulars of which are specified in a certificate issued under this section, the person to whom such certificate was issued shall, within fourteen days, notify the Director General in writing accordingly, and the Director General shall issue an amended certificate in lieu of the original certificate.

Upon ceasing to operate a care centre the person to whom the certificate of registration has been issued shall surrender the certificate to the Director General within one month from the date of such cessation.

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Revocation of registration

if there has been any contravention of, or non-compliance with, any regulation made under section 24 or any condition imposed under section 7;

if the operator of the care centre has been convicted of any offence under this Act or any offence involving fraud or moral turpitude;

if it appears to him that the care centre has ceased to be operated as such, or to exist, or to be under the control of its operator; or

if its operator applies for revocation of the registration.

Interpretation

the health and well-being of the residents and persons received for care at the registered care centre are satisfactorily taken care of;

proper registers, records, and accounts are maintained;

adequate and suitable equipment is provided;

the premises are well maintained as regards their structural condition and as regards hygiene and sanitation;

adequate precautions are taken against fire and other occurrences that are likely to endanger the lives or health of the residents and persons received for care at the registered care centre;

the regulations made under section 24 and the conditions imposed under section 7 have been, and are being, complied with;

generally, the registered care centre is being operated and managed satisfactorily.

In the course of an inspection under this section the Director

General or any authorized officer may—

it is operated and managed satisfactorily;

the welfare of its residents or persons received for care is promoted in a proper manner;

adequate apparatus and equipment necessary to safeguard against fire are provided therein; and

the regulations made under section 24 and the conditions imposed under section 7 are complied with.

A direction under subsection (1)—

If an appeal is made to the Minister under section 22 against a direction under subsection (1) within thirty days from the date of service of the direction, the effect of the direction is stayed, and if the

Minister confirms the direction, the direction shall be complied with within such period as may be specified by the Minister.

Power to order closure of registered care centres

it appears to the Director General that there is any danger or likelihood of danger to any person in any premises of a registered care centre; or

in respect of any premises of a registered care centre, a direction under section 14 is not complied with within the period of time specified under or pursuant to paragraph

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the Director General may, in writing, order that the premises shall cease to be used as or for a care centre for such period as he thinks necessary, or until further notice.

An order under this section shall be served on the operator of the registered care centre and shall take effect from a date immediately following the last day of a period of thirty days from the date of service of the order or, if the operator appeals to the Minister under section 22 against the order within that period and the Minister confirms the order, from the date the decision of the Minister is notified to the operator.

It shall be sufficient service of an order under this section if—

In the course of an inspection under this section the Director

General or any authorized officer may—

The person using the house, building, premise or place as a care centre which has been sealed shall—

The seal shall be removed if—

; or

The Director General or the authorized officer acting under this section shall not be liable for any cost arising out of such action or damages to the house, building, premise or place sealed under this section unless such damage was wilfully done.

Any action taken under this section in respect of any house, building, premise or other place shall not prohibit the prosecution of any person using such house, building, premise or place as a care centre in contravention of this Act.

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Right to refuse compliance in absence of proof of identity and authority

operates or takes part in the management of a registered care centre in any premises other than the premises specified in the certificate of registration of the registered care centre;

operates or takes part in the management of a care centre which is operated in any name other than the name in which it is registered;

in or in connection with any application under this Act makes any statement or furnishes any information, whether orally or in writing, which is, or which he knows or reasonably ought to know is, false in any material particular;

obstructs the Director General or any authorized officer in the exercise of any of his powers under this Act;

refuses to produce any record upon being so required under section 13 or 16, or refuses to answer any question put to him under section 13 or 16, or gives an answer which is, or which he knows or reasonably ought to know is, false in any material particular;

fails to comply with an order under section 15;

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fails to cause a copy of the certificate of registration to be exhibited in accordance with subsection 10(4);

fails to notify the Director General of any change that occurs in any of the circumstances particulars of which are specified in the certificate in accordance with subsection 10(5); or

fails to surrender the certificate of registration upon ceasing to operate a care centre in accordance with subsection 10(6), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Offences by body corporate and by employees and agents

Where any person (in this subsection referred to as “the principal”) would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed by the principal’s employee in the course of his employment, or by the agent when acting on behalf of the principal, or by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

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Presumption

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time as specified in the offer, or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where the offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.

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Appeal to Minister

In particular and without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters: