*PERSONS WITH DISABILITIES ACT 2008

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

Interpretation

The Council shall consist of the following members:

The members of the Council appointed under subsection (2)

may be paid such allowances as the Minister may determine.

A member of the Council appointed under paragraph (2)(j), unless he sooner resigns or vacates his office or his appointment is sooner revoked, shall hold office for a term not exceeding two years and is eligible for reappointment for a term not exceeding two consecutive terms.

Alternate members

When attending meetings of the Council, an alternate member shall for all purposes be deemed to be a member of the

Council.

An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Council.

Revocation of appointment

if his conduct, whether in connection with his duties as a member of the Council or otherwise, has been such as to bring discredit on the Council;

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if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

if he becomes a bankrupt; or

if he becomes of unsound mind or is otherwise incapable of discharging his duties.

Cessation of membership

if he is absent from three consecutive meetings of the

Council without leave of the Chairman;

if his appointment is revoked;

if he dies; or

if he resigns his office by giving one month notice in writing to the Minister.

Meetings of Council

Eleven members shall form the quorum of a meeting of the Council.

The Chairman shall preside over all its meetings.

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If the Chairman is unable for any reason to preside any meeting of the Council, the meeting shall be presided by the

Deputy Chairman.

The Council may invite any person to attend any meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

At any meeting of the Council, the Chairman shall have a deliberative vote and shall, in the event of an equality of votes, have a casting vote.

Any person invited under subsection (5) may be paid such allowance as the Minister may determine.

Subject to the provisions of this Act, the Council may make regulations for regulating its meetings and proceedings.

Secretary to the Council

to oversee the implementation of the national policy and national plan of action relating to persons with disabilities;

to make recommendations to the Government on all aspects of persons with disabilities including matters relating to the support, care, protection, rehabilitation, development and wellbeing of persons with disabilities;

to co-ordinate and monitor the implementation of the national policy and national plan of action relating to persons with disabilities with relevant ministries, government agencies, bodies or organizations and the private sector;

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to monitor and evaluate the impact of policies, programmes and activities designed to achieve full and effective participation of persons with disabilities and in doing so may enter into such arrangement with relevant ministries, government agencies, bodies or organizations and the private sector as it deems necessary;

to review the activities of all ministries, government agencies, bodies or organizations and the private sector that are involved in the implementation of the national policy and national plan of action relating to persons with disabilities;

to recommend to the Government changes to the existing law as well as to propose new law in order to secure full and effective participation in society of persons with disabilities, including to facilitate accessibility;

to develop programmes and strategies aiming at educating the society and to raise awareness throughout society, including at the family level, regarding persons with disabilities including their capabilities and contributions in order to promote positive perception and greater social awareness and to foster respect for the rights and dignity towards persons with disabilities;

to adopt effective and appropriate measures to promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;

to foster at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities;

to advise the Government on the issues of disabilities including developments at the international level;

to collect and collate data and information, and undertake and promote research relating to persons with disabilities;

to promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services;

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to promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding or obtaining employment on equal basis with persons without disabilities; and

to perform any other functions as directed by the Minister for the proper implementation of this Act.

The Council shall have all such powers as may be necessary for, or in connection with, or incidental to, the performance of its functions under this Act.

Council to be assisted by the Department

A committee established under subsection (1)—

Members of the committees established under subsection (1)

may be appointed from amongst members of the Council or such other persons as the Council thinks fit.

Except for members of the committee appointed from amongst members of the Council, any other persons appointed as members of the committees may be paid such allowance as the Minister may determine.

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A member of a committee shall hold office for such a term as may be specified in his letter of appointment and is eligible for reappointment.

The Council may revoke the appointment of any member of a committee without assigning any reason for the revocation.

A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.

The Council may, at any time, discontinue or alter the constitution of a committee.

A committee shall hold its meetings at such times and places as the chairman of the committee may determine.

A committee may invite any person to attend any meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

Any person invited under subsection (10) may be paid such allowance as the Minister may determine.

Delegation of functions and powers

the Chairman of the Council;

any member of the Council appointed under paragraph 3(2)(b)

to (i); and

a committee established under section 11.

Any person or committee delegated with such functions and powers shall conform and have regard to all conditions and restrictions imposed by the Council and all requirements, procedures and matters specified by the Council.

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Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the

Council.

The delegation under this section shall not preclude the

Council itself from performing or exercising at any time any of the delegated functions and powers.

Council to recommend changes to law

For the purposes of making any recommendation under subsection (1), the Council—

In formulating its recommendation or proposal under subsection (1), the Council shall have regard to such policies, information and other considerations received during the consultation pursuant to subsection (2) that appear to it to be relevant.

Responsibility of the Government

by taking into consideration the available financial and human resources and such other factors as may be relevant; and

in compliance with the provisions of the Federal Constitution and other written laws as may be relevant.

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Responsibility of relevant ministries, etc.

to co-operate with and assist the Council in the performance by the Council of its functions under this Act;

to give due consideration to the national policy and national plan of action of the Government relating to persons with disabilities; and

to undertake steps, measures or actions required to be taken by it in such form or manner as may be provided for under any other written law or otherwise relating to persons with disabilities.

Responsibility of the private sector and non-governmental organization

to co-operate with and assist the Council in the performance by the Council of its functions under this Act;

to give due consideration to the national policy and national plan of action of the Government relating to persons with disabilities; and

to undertake steps, measures or actions required to be taken by it in such form or manner as may be provided for under any other written law or otherwise relating to persons with disabilities.

Follow up

It shall be the duty of the relevant ministries, government agencies or bodies or organizations referred to in subsection (1)

to submit full reports regarding the progress of steps, measures or actions undertaken by them and such report shall be given until the conclusion thereof.

The Council may require the relevant ministries, government agencies or bodies or organizations to provide explanation if the

Council is of the opinion that the progress of steps, measures or actions is inadequate or unsatisfactory.

Funds

a Social Welfare Officer in charge of the Department as

Registrar General;

a Social Welfare Officer from the Department as Deputy

Registrar General;

a Social Welfare Officer from the Department as a Registrar for each State and Federal Territory; and

such number of Assistant Registrars for any district or area as the Minister may determine.

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The Registrar General shall be under the general direction and supervision of the Director General of Social Welfare and the

Registrar General shall exercise general control and supervision over all matters relating to the registration of persons with disabilities under this Act.

The Deputy Registrar General, Registrar and Assistant

Registrars shall be under the general direction and supervision of the Registrar General.

The Registrar General shall have the powers and exercise the functions conferred on him by this Act, and in his absence, such powers and functions may be had or exercised by the Deputy

Registrar General.

Subject to the direction, control and supervision of the

Registrar General, the Deputy Registrar General or Registrar may exercise all the powers and functions conferred on the

Registrar General by or under this Act.

Subject to the direction, control and supervision of the

Registrar, an Assistant Registrar shall assist the Registrar in the exercise of his powers and the performance of his functions in the district or area of which he is appointed.

Appointment of the Registrar General, Deputy Registrar

General, Registrar and Assistant Registrar under this section shall be published in the Gazette.

Register of Persons with Disabilities

The Minister may make regulations for the keeping and maintenance of Register of Persons with Disabilities and such regulations may include provisions to authorize the Registrar or

Assistant Registrar to update the Register by making changes to the particulars of the persons with disabilities or to delete the names of persons with disabilities who have died or ceased to be persons with disabilities.

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Application for registration

The Minister may make regulations for the registration of persons with disabilities and for all matters incidental thereto.

Without prejudice to the generality of subsection (2), the regulations may—

Where a person making an application fails to supply the additional document or information called for within the specified period or such other period as may be extended by the Registrar, the application is deemed to have been withdrawn without prejudice, however to a fresh application being made.

Registration and refusal to register

register a person to be a person with disability if he is satisfied that the person who is the subject of the application is a person with disability; or

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refuse to register a person as a person with disability if he is satisfied that the person is not a person with disability.

A person aggrieved by the decision of the Registrar under paragraph 1(b) may appeal to the Minister and the decision of the Minister shall be final.

Issuance of “Kad OKU”

A “Kad OKU” issued under subsection (1) shall, unless proved to have been cancelled, be conclusive evidence for all purposes that the person has been duly registered as a person with disability under this Act.

The “Kad OKU” shall be surrendered to the Registrar when a person ceases to be a person with disability.

For the purposes of subsection (1), the Government and the providers of such public facilities, amenities, services and buildings shall give appropriate consideration and take necessary measures to ensure that such public facilities, amenities, services and buildings and the improvement of the equipment related thereto conform to universal design in order to facilitate their access and use by persons with disabilities.

Access to public transport facilities

For the purposes of subsection (1), the Government and the providers of such public transport facilities, amenities and services shall give appropriate consideration and take necessary measures to ensure that such facilities, amenities and services conform to universal design in order to facilitate their access and use by persons with disabilities.

Access to education

The Government and private educational providers shall, in order to enable persons and children with disabilities to pursue education, provide reasonable accommodation suitable with the requirements of persons and children with disabilities in terms of, among others, infrastructure, equipment and teaching materials, teaching methods, curricula and other forms of support that meet the diverse needs of persons or children with disabilities.

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The Government and private educational providers shall take appropriate steps and measures to enable persons and children with disabilities to learn life and social development skills in order to facilitate their full and equal participation in education including the following:

The employer shall protect the rights of persons with disabilities, on equal basis with persons without disabilities, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, protection from harassment and the redress of grievances.

The employer shall in performing their social obligation endeavour to promote stable employment for persons with disabilities by properly evaluating their abilities, providing suitable places of employment and conducting proper employment management.

The Council shall, in order to promote employment of persons with disabilities in the private sector, formulate appropriate policies and measures which may include affirmative action programmes and other measures.

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The Council shall promote opportunities for training for persons with disabilities in the labour market as well as opportunities for self employment, entrepreneurship, the development of cooperatives, starting one’s own business and creating opportunities to work from home.

For the purposes of this section, “employer” includes the

Government.

Access to information, communication and technology

The Government and the provider of information, communication and technology shall in order to enable persons with disabilities to have such access, provide the information, communication and technology in accessible formats and technologies appropriate to different kind of disabilities in a timely manner and without additional cost.

The Government and the private sector shall accept and facilitate the use of Malaysia Sign Language, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official transactions.

Access to cultural life

Persons with disabilities shall have the right to enjoy access—

The Council shall take appropriate measures to enable persons with disabilities to have the opportunities to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.

Persons with disabilities shall be entitled on equal basis with persons without disabilities to recognition and support of their specific cultural and linguistic identity, including Malaysia

Sign Language and deaf culture.

Access to recreation, leisure and sport

The Council shall take appropriate measures—

For the purposes of subsection (1), the Council, the private healthcare service provider and non-governmental organization shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes begin at the earliest possible stage and are based on the multidisciplinary assessment of individual needs and strengths.

The Council, the private healthcare service provider and non-governmental organization shall promote the availability, knowledge, and use of assistive devices and technologies designed for persons with disabilities as they relate to habilitation and rehabilitation.

The Council, the private sector and non-governmental organization shall take appropriate measures to promote and strengthen community-based rehabilitation programme to provide early intervention, rehabilitation and training for persons with disabilities in their own community through active community participation.

In-home, residential and other community support services

The Council, the private sector and non-governmental organization shall take appropriate measures to ensure persons with disabilities have access to health services, including health related rehabilitation, that are gender sensitive.

Prevention of further occurrence of disabilities

prevention of further occurrence of disabilities, immunization, nutrition, environmental protection and preservation and genetic counselling; and

early detection of disabilities and timely intervention to arrest disabilities and treatment for rehabilitation.

In taking measures to prevent further occurrence of disabilities, the Government shall—

For the purposes of subsection (1), such private institution—

Notwithstanding subsection (1), the Minister may exempt any private sector or non-governmental organization providing institutional care for persons with disabilities, as he deems fit and necessary, from having in-house health personnel in their employment and instead may allow periodic visit of such health personnel to such private institution.

Any non-governmental organization intending to provide or providing institutional care for persons with severe disabilities or the caregivers for persons with severe disabilities may make an application for an incentive for providing such care to the

Council in such form and manner as may be prescribed.

The Council may, if it is satisfied that the application of the non-governmental organization or caregivers referred to in subsection (2) should be considered, grant such incentive as it deems appropriate with the approval of the Minister responsible for finance.

Meaning of “persons with severe disabilities”

The Government shall take all necessary measures to ensure persons with disabilities to have the right of assistance in situations of risk and humanitarian emergencies by way of legal as well as administrative mechanism.

the Government;

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the Minister;

the Council;

any member of the Council or any member of a committee;

or

any other person lawfully acting on behalf of the Council, in respect of any act, neglect or default done or committed by him or it in good faith or any omission omitted by him or it in good faith in such capacity.

Public Authorities Protection Act 1948

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: