Malaysia legislation
Section 108
Section 108
(a)
placing a child in the care of a fit and proper person;
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(b)
sending a child to a probation hostel, an approved school, a Henry Gurney School, or an approved institution or centre; or
(c)
placing a child in a place of refuge, the Court For Children making the order may, at the same time or subsequently, make a contribution order requiring the parent or guardian or other person having custody of the child—
(aa) at the time of the commission of the offence resulting in the order;
(bb) prior to an order made under subsection (1); or
(cc)
immediately before the commencement of any proceedings, to make such contribution or monthly contributions in such manner as the Court thinks fit, having regard to the means of the parent or guardian or the other person.
(2)
A Court For Children shall not make any contribution order under subsection (1) if the Court considers that it would not be just for the contribution order to be made having regard to the circumstances and means of the parent or guardian or the other person.
(3)
If a contribution order is made pursuant to subsection (1), it shall be the duty of the parent or guardian or the other person against whom the contribution order is made to comply with the contribution order.
(4)
All sums payable under a contribution order shall be paid into such Court or to such authority as the Court making the order shall direct.
(5)
The Court For Children making any such contribution order may, from time to time, on an application made by—
(a)
the parent or guardian or the other person against whom the contribution order is made;
(b)
the Protector; or
(c)
the probation officer,
WJW22/0178 BI.indd 125 04/08/2023 3:33 PM rescind, make anew or vary the order as the Court deems fit on proof of change in circumstances of the person against whom the order is made or for other good cause being shown to the satisfaction of the Court.
(6)
An order under subsection (1) shall not be made without giving the parent or guardian of the child or the other person having custody of the child an opportunity to be heard.
(7)
Notwithstanding subsection (6), an order under subsection (1)
may be made if the Court is satisfied on information given by a
Protector or probation officer, as the case may be, that the parent or guardian or the other person, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.
(8)
A contribution order shall remain in force—
(a)
in the case of a child ordered to be placed in the care of a fit and proper person, so long as the order is in force; and
(b)
in the case of a child ordered to be sent to a place of refuge, a probation hostel, an approved school, a Henry
Gurney School, or an approved institution or centre, until he ceases to be under the care of the person in charge for the time being of the place of refuge, probation hostel, approved school, Henry Gurney School, or approved institution or centre.
(9)
A contribution is not payable under a contribution order in respect of any period during which—
(a)
a child ordered to be sent to an approved school or a
Henry Gurney School is out with permission or under the supervision of a probation officer; or
(b)
a child ordered to be sent to a place of refuge is on leave of absence from the place of refuge or from being under the supervision of a Social Welfare Officer.
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(10)
If any person wilfully neglects to comply with a contribution order, a Magistrate may, for every breach of the order—
(a)
by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate; or
(b)
sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid.
(11)
The term of imprisonment imposed under paragraph (10)(b)
shall terminate when the amount of contribution due is paid.