Anti-Bully Act 2026

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.

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Interpretation

a child under the age of eighteen years;

a student of any age, for whom education or training is being provided in an educational institution; or

a child who is being detained, rehabilitated or protected at the institution including person who has been detained at Henry Gurney School;

“Minister” means the Minister charged with the responsibility for law;

“complainant” means—

victim; or

parent or guardian of the victim;

“Commission” means the Human Rights Commission of Malaysia established under section 3 of the Human Rights Commission of

Malaysia Act 1999 [Act 597];

“Tribunal” means the Tribunal for Anti-bully established under

Bully referred to in subsection (1) may include the following act:

issue guidelines in relation to—

the necessary step to be taken to prevent bully in the educational institution; and

cause to be undertaken any research in relation to the prevention and management of bully case;

cause to be prepared training materials in relation to the prevention and management of bully case for the purposes of reference and guidance by the educational institution and committee in relation to the prevention and management of bully case;

cause to be established and implemented any system as may be necessary to monitor and evaluate the educational institution in relation to the prevention and management of bully case; and

issue any guidelines or give any directions as may be expedient or necessary for giving full effect or the better carrying out of the provisions of this Act and for the purpose of ensuring compliance with this Act.

The powers of the Minister referred to in subsection (1)

under this Part shall be in addition to, and not in derogation of, the powers of Minister under the Education Act 1996 and any subsidiary legislation made under the Education Act 1996.

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establishes and maintains a committee in relation to the prevention and management of bully case;

implements the policies, guidelines and procedures in relation to the prevention and management of bully case;

establishes an accessible and child-sensitive channel, and complies with confidentiality of information for any student to report bully case;

establishes and provides counselling services and psychosocial support for the purpose of managing and preventing bully case;

provides training in relation to the prevention and management of bully case as may be determined by the educational institution; and

achieves the standard of compliance in relation to the prevention and management of bully case as may be determined by the Minister.

The Minister may, from time to time, cause to be audited the educational institution for the purpose of monitoring and evaluating compliance with the duties referred to in subsection (1).

Any findings that have been made as a result of the audit conducted pursuant to subsection (2) shall be submitted to the Commission in the form and manner as may be determined by the Minister.

Every committee established under subsection (1) shall have functions to—

Notwithstanding paragraph (2)(c), the committee may, if it thinks appropriate, refer the complaint to the Tribunal subject to the complainant give informed consent to such reference.

issue guidelines in relation to—

the necessary step to be taken to prevent bully in the educational institution; and

cause to be undertaken any research in relation to the prevention and management of bully case;

cause to be prepared training materials in relation to the prevention and management of bully case for the purposes of reference and guidance by the educational institution and committee in relation to the prevention and management of bully case;

cause to be established and implemented any system as may be necessary to monitor and evaluate the educational institution in relation to the prevention and management of bully case; and

issue any guidelines or give any directions as may be expedient or necessary for giving full effect or the better carrying out of the provisions of this Act and for the purpose of ensuring compliance with this Act.

The powers of the Majlis referred to in subsection (1)

under this Part shall be in addition to, and not in derogation of, the powers of the Majlis under the Majlis Amanah Rakyat

Act 1966 and any subsidiary legislation made under the

Majlis Amanah Rakyat Act 1966.

establishes and maintains a committee in relation to the prevention and management of bully case;

implements the policies, guidelines and procedures in relation to the prevention and management of bully case;

establishes an accessible and child-sensitive channel, and complies with confidentiality of information for any student to report bully case;

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establishes and provides counselling services and psychosocial support for the purpose of managing and preventing bully case;

provides training in relation to the prevention and management of bully case as may be determined by the educational institution; and

achieves the standard of compliance in relation to the prevention and management of bully case as may be determined by the Majlis.

The Majlis may, from time to time, cause to be audited the educational institution for the purpose of monitoring and evaluating compliance with the duties referred to in subsection (1).

Any findings that have been made as a result of the audit conducted pursuant to subsection (2) shall be submitted to the

Commission in the form and manner as may be determined by the Majlis.

Every committee established under subsection (1) shall have functions to—

Notwithstanding paragraph (2)(c), the committee may, if it thinks appropriate, refer the complaint to the Tribunal subject to the complainant give informed consent to such reference.

issue guidelines in relation to—

the necessary step to be taken to prevent bully in the educational institution; and

cause to be undertaken any research in relation to the prevention and management of bully case;

cause to be prepared training materials in relation to the prevention and management of bully case for the purposes of reference and guidance by the educational institution and committee in relation to the prevention and management of bully case;

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cause to be established and implemented any system as may be necessary to monitor and evaluate the educational institution in relation to the prevention and management of bully case; and

issue any guidelines or give any directions as may be expedient or necessary for giving full effect or the better carrying out of the provisions of this Act and for the purpose of ensuring compliance with this Act.

establishes and maintains a committee in relation to the prevention and management of bully case;

implements the policies, guidelines and procedures in relation to the prevention and management of bully case;

establishes an accessible and child-sensitive channel, and complies with confidentiality of information for any student to report bully case;

establishes and provides counselling services and psychosocial support for the purpose of managing and preventing bully case;

provides training in relation to the prevention and management of bully case as may be determined by the educational institution; and

achieves the standard of compliance in relation to the prevention and management of bully case as may be determined by the Minister.

The Minister may, from time to time, cause to be audited the educational institution for the purpose of monitoring and evaluating compliance with the duties referred to in subsection (1).

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Any findings that have been made as a result of the audit conducted pursuant to subsection (2) shall be submitted to the

Commission in the form and manner as may be determined by the Minister.

Every committee established under subsection (1) shall have functions to—

Notwithstanding paragraph (2)(c), the committee may, if it thinks appropriate, refer the complaint to the Tribunal subject to the complainant give informed consent to such reference.

issue guidelines in relation to—

the necessary step to be taken to prevent bully in the institution; and

cause to be undertaken any research in relation to the prevention and management of bully case;

cause to be prepared training materials in relation to the prevention and management of bully case for the purposes of reference and guidance by the institution and committee in relation to the prevention and management of bully case;

cause to be established and implemented any system as may be necessary to monitor and evaluate the institution in relation to the prevention and management of bully case; and

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issue any guidelines or give any directions as may be expedient or necessary for giving full effect or the better carrying out of the provisions of this Act and for the purpose of ensuring compliance with this Act.

The powers of the Minister referred to in subsection (1)

under this Part shall be in addition to, and not in derogation of, the powers of Minister under the Child Act 2001 and any subsidiary legislation made under the Child Act 2001.

establishes and maintains a committee in relation to the prevention and management of bully case;

implements the policies, guidelines and procedures in relation to the prevention and management of bully case;

establishes an accessible and child-sensitive channel, and complies with confidentiality of information for any child who is being detained, rehabilitated or protected at the institution including person who has been detained at

Henry Gurney School to report bully case;

establishes and provides counselling services and psychosocial support for the purpose of managing and preventing bully case;

provides straining in relation to the prevention and management of bully case as may be determined by the institution; and

achieves the standard of compliance in relation to the prevention and management of bully case as may be determined by the Minister.

The Minister may, from time to time, cause to be audited the institution for the purpose of monitoring and evaluating compliance with the duties referred to in subsection (1).

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Any findings that have been made as a result of the audit conducted pursuant to subsection (2) shall be submitted to the Commission in the form and manner as may be determined by the Minister.

Every committee established under subsection (1) shall have functions to—

Notwithstanding paragraph (2)(c), the committee may, if it thinks appropriate, refer the complaint to the Tribunal subject to the complainant give informed consent to such reference.

a President and a Deputy President to be appointed from amongst the officers of the Judicial and Legal Service;

not less than five other members which shall comprise of—

persons who are officers of or who have held office in the Judicial and Legal Service; or

not less than five other members, as may be determined by the Minister, who have knowledge of or practical experience in matters relating to child, child psychology and development, or child restorative justice.

Where the President is for any reason unable to perform his functions or during any period of vacancy in the office of the President, the Deputy President shall perform the functions of the President.

The President, the Deputy President and the members of the Tribunal shall hold office for a term of three years and may be reappointed only for another term consecutively.

The President, the Deputy President or the members of the Tribunal may at any time resign his office by giving three months’ written notice to the Minister.

The Minister may at any time revoke the appointment of members of the Tribunal appointed under paragraphs (1)(b) and (c), and fill any vacancy in its membership.

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The President and the Deputy President shall be paid such fixed allowances and other allowances as the Minister may determine.

The members of the Tribunal appointed under paragraphs (1)(b)

and (c) shall be paid a daily sitting allowance during the sitting of the Tribunal and such lodging, travelling and subsistence allowances as the Minister may determine.

the person is adjudged bankrupt by a court of competent jurisdiction;

the person is certified by a qualified medical officer to be physically or mentally incapable of continuing office;

the Minister is of the opinion that the person has engaged in any paid office, commission or employment which conflicts with the duties of the person under this Act;

the person’s conduct, whether in connection with his duties as a member of the Tribunal or otherwise, has been such as to bring discredit to the Tribunal;

the person has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

the person absents himself from three consecutive sittings of the Tribunal without leave of the President.

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a Secretary to the Tribunal; and

such number of other officers and staff of the Tribunal as may be necessary for carrying out the functions of the Tribunal.

For the purposes of paragraph (1)(a), the Secretary shall cause to be furnished to the Commission, quarterly, records and statistical data relating to complaints of bully and its outcomes.

Any data furnished under subsection (2) shall not include the names or identifying details of the parties involved and shall comply with any written law relating to personal data protection or confidentiality.

The Tribunal shall have jurisdiction to hear and determine a complaint of bully in the following circumstances:

The complaint of bully made under subsection (1) shall refer to bully which occurs after the coming into operation of this Act.

the proceedings before the court were commenced before the complaint of bully was lodged with the Tribunal;

the complaint of bully involves any conduct constituting a crime under the provisions of any written law; or

the complaint of bully before the Tribunal is withdrawn or struck out.

Where paragraph (1)(a) applies, the issues in dispute in the claim of bully to which those proceedings relate, whether as shown in the initial claim or emerging in the course of the hearing, shall not be the subject of proceedings between the same parties before the Tribunal unless the claim of bully before the court is withdrawn or struck out.

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The President shall cause the procedure determined under subsection (1) to be reduced into writing and published in such a manner as the President deems fit.

Notwithstanding subsections (1) and (2), the Minister may prescribe any procedure relating to service of notice, hearing and mediation for proceedings involving a child and the Tribunal shall give effect to such prescribed procedure.

For the purposes of any proceedings involving child, the proceedings shall be conducted in the following manners:

Nothing in subsection (4) shall derogate from the protections available to child witnesses under the Evidence of Child

Witness Act 2007 [Act 676].

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In conducting the proceedings under subsections (1), (2), (3)

and (4) the Tribunal shall have the powers to—

A summons issued by the Tribunal under this section shall be served and enforced as if it were a summons issued by a court.

The Tribunal shall determine the complaint of bully on the balance of probabilities.

For the purposes of this section, “interlocutory order” means an order that—

In the case the victim involved in—

A complaint of bully referred to the Tribunal under this Act is subject to the Limitation Act 1953 [Act 254], the

Limitation Ordinance of Sabah [Sabah Cap. 72] or the

Limitation Ordinance of Sarawak [Sarawak Cap. 49], as the case may be.

Where a hearing is conducted by electronic means, the

Tribunal shall take all reasonable steps to ensure—

Where a party to the proceedings is a child, the written notice in subsection (1) shall also be given to the child’s parent or guardian.

the President or the Deputy President appointed under paragraph 26(1)(a), or any other member of the Tribunal appointed under paragraph 26(1)(b), as a Chairperson; and

any other two of the members of the Tribunal appointed under paragraph 26(1)(c).

The panel of each sitting of the Tribunal in subsection (1)

shall comprise of at least a woman.

The Tribunal may sit in one or more sittings on such day and at such time and place as the President may determine.

If the Chairperson referred to in paragraph (1)(a) presiding over any proceedings in respect of a complaint of bully dies or becomes incapacitated, or is for any other reason unable to complete or dispose of the proceedings, the complaint of bully shall be heard and continued and presided over by any other

Chairperson as determined by the President.

If any of the members of the Tribunal referred to in paragraph (1)(b) in respect of a complaint of bully dies or becomes incapacitated, or is for any other reason unable to complete or dispose of the proceedings, the President shall appoint any other member of the Tribunal to the panel to continue the proceedings.

Where the term of appointment of any Chairperson or member of the Tribunal referred to in paragraph (1)(b) expires during the pendency of any proceedings in respect of a complaint of bully, the term of his appointment shall be deemed to have been extended until the final disposal of the complaint of bully.

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No party shall be represented by an advocate and solicitor at a hearing unless, in the opinion of the Tribunal, the matter in question involves complex issues of law.

If one party is allowed to be represented by an advocate and solicitor under subsection (2), the other party shall also be so entitled.

A party who is a child has the right to be accompanied and assisted by a parent or guardian at the hearing.

Where the proceedings referred to in subsection (2) involves an unrepresented child, the Tribunal may refer the unrepresented child to the Director General of Legal Aid for the purposes of application for legal aid in accordance with the Legal Aid and

Public Defence Act 202… [Act ….].

Before making any decision under subsection (1), the

Tribunal shall satisfy itself that—

both parties give informed consent to mediation process;

and

the Tribunal has determined that mediation is appropriate, in all the circumstances.

Without limiting the generality of subsection (1), in determining whether mediation is appropriate, the Tribunal shall have regard to the safety and wellbeing of the child parties and any other factors that, in the opinion of the Tribunal, are likely to impair the ability of either or both of the parties to participate effectively in mediation.

Where the parties have given informed consent for the mediation process, the Tribunal shall refer the parties to the Director General of Legal Aid for the purposes of application for mediation service in accordance with the Legal Aid and Public

Defence Act 202… [Act ….].

Where the parties reach an agreed resolution in the mediation sessions, the Tribunal shall approve and record the agreed resolution, and that recorded resolution shall then take effect as if it is an award of the Tribunal.

The Tribunal shall proceed to determine the complaint of bully if—

which arose in the course of the proceedings;

which, in the opinion of the Tribunal, is of sufficient importance to merit such reference; and

the determination of which by the Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such reference.

If the Tribunal refers any question of law under subsection (1)

for the decision of a Judge of the High Court, the Tribunal shall make its award in conformity with such decision.

For the purposes of reference to the High Court on any question of law, a Federal Counsel authorized by the

Attorney General may appear on behalf of the Tribunal in any proceedings before a Judge of the High Court.

The Tribunal shall state in writing reasons for the award or dismissal of the complaint of bully together with any finding of facts that the Tribunal has noted or recommendations that the

Tribunal has made in those proceedings.

Proceedings shall be decided in accordance with the decision of the majority of the members composing the Tribunal.

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an order for the respondent to issue a statement of apology to the victim as specified in the order;

where the respondent is an adult, an order for the respondent to publish a statement of apology to the victim in any manner as specified in the order;

an order for the respondent to remove any content relating to bully from any social media platform, any electronic device or digital storage medium;

an order for the respondent, or in the case of a child respondent, the parent or guardian, to reimburse the victim for any reasonable expenses incurred as a result of the bully;

an order for the respondent, or in the case of a child respondent, the parent or guardian, to pay any compensation or damages not exceeding two hundred and fifty thousand ringgit for any loss or damage suffered by the victim in respect of the bully, excluding expenses referred to in paragraph (d);

an order for the respondent to attend any programme as the Tribunal thinks necessary; or

an order which require such parent or guardian of the respondent to attend, together with the child respondent, counselling or parenting support sessions provided by the relevant government agency.

The Tribunal may—

The Tribunal may make such ancillary or consequential orders or relief as may be necessary to give effect to any order made by the Tribunal.

The Tribunal may dismiss a complaint of bully which the Tribunal considers to be frivolous or vexatious.

in the case where any compensation or damages is ordered by the Tribunal, a fine which is two times the total amount of the compensation or damages, or to imprisonment for a term not exceeding two years, or to both; or

in the case where no compensation or damages is ordered by the Tribunal, a fine not exceeding ten thousand ringgit, or to imprisonment for a term not exceeding two years, or to both.

In the case of a continuing offence, the person shall, in addition to the penalties specified under subsection (1), be liable to a fine not exceeding one thousand ringgit for each day or part of a day during which the offence continues after the conviction.

be final and binding on all parties to the proceedings;

and

be deemed to be an order of a court and be enforced accordingly by any party to the proceedings.

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For the purposes of paragraph (1)(b), the Secretary to the Tribunal shall send a copy of the award made by the Tribunal to the court having jurisdiction in the place to which the award relates or in the place where the award was made and the court shall cause the copy of the award to be recorded.

If there is shown to be serious irregularity affecting the award, the High Court may—

For the purposes of this section, “serious irregularity”

means an irregularity of one or more of the following kinds which the High Court considers has caused substantial injustice to the applicant:

The functions and powers of the Commission under this Act shall be conducted by the Chief Children Commissioner appointed under sections 5 and 6a of the Human Rights Commission of

Malaysia Act 1999.

For the purposes of subsection (2), Chief Children

Commissioner shall have the following functions:

In carrying out the functions under this Part, the

Chief Children Commissioner shall be subject to the directions of the Chairman.

The functions of the Chief Children Commissioner under this Part shall be in addition to, and not in derogation of, his functions as a member of the Commission.

For the purpose of carrying out the functions under subsection (3), the Chief Children Commissioner shall have all such powers as are necessary for, or in connection with, or incidental to, the performance of those functions.

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Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

the President, the Deputy President or any member of the Tribunal;

the Secretary to the Tribunal, or any officer or staff of the Tribunal;

any person who is responsible for the administration, management and supervision of the educational institution, institution or the committee under Part III, IV, V or VI;

or

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any other person for or on account of or in respect of any act done or purported to be done by him under the order, directions or instruction of the person referred to in paragraph (c), in respect of any act done or statement made in good faith in the performance of any duty or function, or in the exercise of any power, under this Act or any regulations made under it.

Nothing in this section shall exempt any person from liability for any act or omission which was done negligently, fraudulently or in bad faith.

Without prejudice to the generality of subsection (1), the regulations may be made for—

No.

Educational institution 1.

Government educational institution 2.

Government-aided educational institution 3.

Private educational institution 4.

Maktab Rendah Sains MARA

No.

Institution 1.

Place of safety 2.

Probation hostel 3.

Approved school 4.

Place of refuge 5.

Henry Gurney School