Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Child (Amendment) Act 2016.
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.
s 2Amendment of section 2
The Child Act 2001 [Act 611], which is referred to as the
“principal Act” in this Act, is amended in section 2—
in subsection (1)—
in the definition of “member of the family”, by substituting for the words “member of the extended family, who is a household member”
the word “relative”;
by deleting the definition of “household member”;
in the definition of “probation hostel”, by substituting for the words “Part X” the words
“sections 46 and 98”;
in the definition of “hospital”, by substituting for the word “University” the words “public institution of higher learning, but does not include any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized”;
in the definition of “foster parent”, in paragraph (a), by substituting for the words “paragraph 30(1)(e)”
the words “subparagraph 30(1)(c)(i)”;
by deleting the definition of “Child Welfare
Committee”;
by inserting after the definition of “probationer”
the following definition:
‘ “counsellor” means any counsellor, assistant counsellor, psychology officer or assistant psychology officer in the Ministry responsible for welfare services;’;
by deleting the definition of “extended family”;
by inserting before the definition of “Director
General” the following definition:
‘ “Registrar General” means the Registrar
General of Children appointed under subsection 9(1);’;
in the definition of “Director General”, by inserting after the words “Director General of
Social Welfare” the words “and includes the
State Director of Social Welfare of each of the
States”;
by inserting after the definition of “Director
General” the following definition:
‘ “community service” means any work, service or course of instruction for the betterment of the public at large under the purview of the Ministry responsible for welfare services;’;
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by substituting for the definition of “Supervising
Court” the following definition:
‘ “Supervising Court” means the Court For
Children for the district or area in which a child is required—
to reside under a probation order;
to perform community service under a community service order; or
to be placed or detained under any other order made under this Act;’;
in the definition of “Council”, by substituting for the words “Co-ordinating Council for the
Protection of Children” the words “National
Council for Children”;
by inserting after the definition of “Minister” the following definition:
‘ “Child Welfare Team” means a team established by the Council under section 7a;’;
by inserting after the definition of “Social Welfare
Officer” the following definitions:
‘ “Education Officer” has the meaning assigned to it in the Education Act 1996 [Act 550];
“prison officer” has the meaning assigned to it in the Prison Act 1995;’;
in the definition of “medical officer”, by substituting for the word “University” the words “public institution of higher learning, but does not include a registered medical practitioner in any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized”;
in the definition of “Protector”, by deleting paragraph (d);
by inserting after the definition of “Protector”
the following definitions:
‘ “Assistant Protector” means a person appointed by the Minister under section 8a;
“family based care” means the care of a child in a family environment including—
the care of a child by a parent, guardian or relative;
the care of a child by a foster parent or fit and proper person; or
the care of a child in a centre;’;
in the definition of “Registrar”—
by deleting the words “in Need of
Protection”; and
in the national language text, by substituting for the words “Pendaftar Besar” the words “Ketua Pendaftar”;
by deleting the definition of “Registrar General”
appearing after the definition of “Registrar”;
by inserting after the definition of “guardian” the following definition:
‘ “community service order” means an order requiring a child to perform community service under section 97a;’;
by substituting for the definition of “centre” the following definition:
‘ “centre” means a shelter established or operated by any person including a State
Government, either—
individually; or
through a co-operation or joint-venture with the Federal Government, as approved by the Minister for the purpose of care, protection and rehabilitation of children under section 53a;’;
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by inserting after the definition of “brothel” the following definition:
‘ “relative” means a person who is related through full-blood or half-blood, or through marriage or adoption, including de facto adoption;’; and
in the definition of “Henry Gurney School”, in paragraph (b), by substituting for the words
“Director General of Prisons” the words
“Commissioner General of Prison”; and
in subsection (2), by inserting after the words “the Federal
Territory of Kuala Lumpur” the words “, the Federal
Territory of Putrajaya”.
s 3Amendment of Part II
The principal Act is amended by substituting for the heading of Part II the following heading:
“NATIONAL COUNCIL FOR CHILDREN”.
s 4Substitution of section 3
The principal Act is amended by substituting for section 3
the following section:
s 3“Establishment of the National Council for Children
A council to be known by the name of “National
Council for Children” is established.
The functions of the Council are—
to advise and make recommendations to the
Government on all issues and aspects relating to the care, protection, rehabilitation, development and participation of children at the national, regional and international level;
to develop programmes and strategies aiming at educating the society and to raise awareness throughout society, including at the family level, regarding the rights and dignity of a child;
to develop programmes aiming at educating the society in the prevention of child abuse and neglect as well as the prevention of child’s involvement in immoral or criminal acts;
to ensure that the standard of services provided by
Government agencies and departments, non-governmental bodies or organizations and private sectors for the care, protection and rehabilitation of children meet the needs of children;
to co-ordinate the various resources from all parties, including Government agencies and departments, non-governmental bodies or organizations and private sectors, who are involved in providing services for the care, protection, rehabilitation and development of children;
to co-ordinate and monitor the implementation of the national policy and national plan of action relating to children by Government agencies and departments, non-governmental bodies or organizations and private sectors;
to collect and collate data and information, and undertake and promote research, relating to the care, protection, rehabilitation, development and participation of children;
to design an efficient and effective management system throughout Malaysia for children in need of protection;
to promote the participation of children in the decision making process in matters affecting them;
to monitor the activities and performance of functions of Child Protection Teams and Child Welfare Teams;
and
to do such other things as it thinks fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
The Council shall have the power to do all things necessary or expedient for or in connection with the performance of its functions.”.
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s 5New section 3a
The principal Act is amended by inserting after section 3 the following section:
“Funds 3a.
The Government shall allocate the Council with adequate funds annually to enable the Council to perform its functions under this Act.”.
s 6Substitution of section 4
The principal Act is amended by substituting for section 4
the following section:
s 4“Membership of the Council
The Council shall consist of the following members:
the Minister charged with the responsibility for welfare services who shall be the Chairman;
the Secretary General of Treasury or his representative;
the Secretary General of the Ministry responsible for welfare services who shall be the Deputy Chairman;
the Attorney General or his representative;
the Inspector General of Police or his representative;
the Secretary General of the Ministry responsible for human resources or his representative;
the Secretary General of the Ministry responsible for home affairs or his representative;
the Secretary General of the Ministry responsible for communications or his representative;
the Director General of Health or his representative;
the Director General of Education or his representative;
the Director General of National Registration or his representative;
the Commissioner General of Prison or his representative;
the Director General of Immigration or his representative;
the Director General of Social Welfare who shall be the Secretary;
two representatives from the department responsible for welfare services;
a representative from the ministry, in the State of Sabah, responsible for welfare services;
a representative from the ministry, in the State of Sarawak, responsible for welfare services;
two representatives from amongst the children who shall be appointed by the Minister, on the recommendation of the Director General of Social Welfare; and
not more than five persons with appropriate experience, knowledge and expertise on matters relating to the welfare and development of children including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors, to be appointed by the
Minister.
A member of the Council appointed under paragraph (1)(r) or (s) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and shall be eligible for reappointment for a maximum period of two consecutive terms.”.
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s 7New section 4a
The principal Act is amended by inserting after section 4 the following section:
“Revocation and resignation 4a. (1) The Minister may, at any time, revoke the appointment of any member of the Council appointed under paragraph 4(1)(r) or (s).
Any member of the Council appointed under paragraph 4(1)(r) or (s) may, at any time, resign by giving a one-month written notice to the Minister.”.
s 8Amendment of section 5
Section 5 of the principal Act is amended—
in subsection (1), by substituting for the words “four times” the word “twice”;
in subsection (3), by inserting after the words “Seven members of the Council” the words “including at least one member of the Council appointed under paragraph 4(1)(r)”; and
by inserting after subsection (4) the following subsections:
“(4a) The Council may invite any person to attend any of the meetings of the Council for the purpose of advising the Council on any matter under discussion but such person shall not be entitled to vote at the meeting.
The members of the Council and any person invited to attend a meeting of the Council under subsection (4a) may be paid such allowances as the
Minister may determine.”.
s 9New section 5a
The principal Act is amended by inserting after section 5 the following section:
“Resolutions without meeting 5a. (1) Subject to subsection (2), the Council may, where necessary, pass a resolution without meeting.
The following conditions shall be complied with:
all members of the Council have been informed of the proposed resolution or reasonable efforts have been made to inform all members of the Council of the proposed resolution; and
all members of the Council indicate agreement with the proposed resolution in accordance with the method determined by the Council.”.
s 10Amendment of section 6
Section 6 of the principal Act is amended by inserting after subsection (9) the following subsection:
“(10) 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.”.
s 11New section 6a
The principal Act is amended by inserting after section 6
the following section:
“Vacation of office 6a. (1) The office of a member of the Council appointed under paragraph 4(1)(r) or (s) and the office of a member of a committee who is not a member of the Council shall be vacated if—
he dies;
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there has been proved against him, or he has been convicted of, a charge in respect of—
an offence involving fraud, dishonesty or moral turpitude;
an offence under any law relating to corruption;
or
any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years;
he becomes of unsound mind or otherwise incapable of discharging his duties;
he becomes bankrupt;
in respect of a member of the Council, he absents himself from three consecutive meetings of the
Council without leave of the Chairman, and in respect of a member of a committee who is not a member of the Council, he absents himself from three consecutive meetings of the committee without leave of the chairman of the committee;
in respect of a member of the Council, his appointment is revoked by the Minister, and in respect of a member of a committee who is not a member of the Council, his appointment is revoked by the
Council; or
he resigns.
Where a member of the Council appointed under paragraph 4(1)(r) or (s) ceases to be a member of the Council, by reason of any provision in this Act, the Minister may appoint another person to fill the vacancy for the remaining term for which the vacating member was appointed in accordance with the provisions applicable.”.
s 12Amendment of section 7
Section 7 of the principal Act is amended—
in subsection (1), by substituting for the word “protection”
the words “care and protection”;
by substituting for subsection (2) the following subsection:
“(2) A Child Protection Team shall consist of the following members:
not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the care and protection of children, to be appointed by the Minister;
a medical officer; and
a senior police officer.”;
by inserting after subsection (2) the following subsection:
“(2a) The Minister may appoint any member referred to in paragraph (2)(a) to be the chairman of a Child
Protection Team.”; and
in subsection (3), by inserting after the word “shall” the words “be supervised by a Protector and shall”.
s 13New section 7a
The principal Act is amended by inserting after section 7
the following section:
“Establishment of Child Welfare Teams 7a. (1) The Council shall establish throughout Malaysia groups of persons, each group to be known as a “Child
Welfare Team”, for the purpose of co-ordinating locally-based services to families and children if children—
are or are suspected of being in need of protection and rehabilitation; or
are found guilty of any offence.
A Child Welfare Team shall consist of the following members:
not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the protection and rehabilitation of children, to be appointed by the Minister;
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an Education Officer; and
a senior police officer.
The Minister may appoint any member referred to in paragraph (2)(a) to be the chairman of a Child Welfare Team.
A Child Welfare Team shall be supervised by a probation officer or Protector and shall have the authority to co-opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.”.
s 14New section 8a
The principal Act is amended by inserting after section 8
the following section:
“Appointment of Assistant Protector 8a. The Minister may, by notification in the Gazette, appoint any person to exercise the powers and perform the duties of an Assistant Protector under sections 18, 19 and 20 subject to such conditions as may be specified in the notification.”.
s 15Amendment of section 9
Section 9 of the principal Act is amended—
in the shoulder note, in the national language text, by substituting for the words “Pendaftar Besar” the words
“Ketua Pendaftar”;
in subsection (1), by substituting for the words “Registrar
General of Children in Need of Protection” the words
“Registrar General of Children”;
in subsection (2), by deleting the words “in Need of
Protection”; and
in subsection (3), in the national language text, by substituting for the words “Pendaftar Besar” the words
“Ketua Pendaftar”.
s 16Amendment of section 14
Section 14 of the principal Act is amended—
in the shoulder note, by inserting after the word “order”
the words “placement,”; and
in subsection (1)—
by substituting for paragraph (a) the following paragraph:
“(a) the placement or detention of a child in a place of detention, place of refuge, probation hostel, approved school, Henry Gurney
School, approved institution or centre;”;
in paragraph (b)—
by inserting after the words “Social Welfare
Officer” the words “, Protector”; and
by deleting the word “or” at the end of the paragraph;
by substituting for the comma at the end of paragraph (c) the words “; or”;
by inserting after paragraph (c) the following paragraph:
“(d) the period of community service order,”;
and
by substituting for the words “detention, supervision or probation” the words “placement, detention, supervision, probation or community service”.
s 17Amendment of section 15
Section 15 of the principal Act is amended—
in subsection (1)—
in paragraph (a), by inserting after the words “be it” the words “during the investigation or”;
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in paragraph (b), by substituting for the words
“Part V” the words “Parts V, VI and VIII”;
by inserting after paragraph (b) the following paragraph:
“(ba) any child who is detained under Part
VII;”; and
in paragraph (c), by substituting for the words
“of the offences specified in the First Schedule”
the words “offence under any written law”; and
in subsection (3)—
by substituting for the words “The Court For
Children, in any case” the words “The Court For
Children or, in urgent cases, a Magistrate”;
in paragraph (a), by inserting after the words
“Court For Children” the words “or Magistrate”;
and
by inserting after the word “Court” the words
“or Magistrate”.
s 18Amendment of section 17
Subsection 17(1) of the principal Act is amended—
in paragraph (a), by substituting for the words “member of his extended family” the word “relative”;
by substituting for paragraph (c) the following paragraph:
“(c) the parent or guardian of the child—
is unfit, or has neglected, or is unable, to exercise; or
has acted negligently in exercising, proper supervision and control over the child;”;
in paragraph (e)—
by substituting for the comma at the end of subparagraph (ii) a semicolon; and
by deleting the words “and no other suitable person is willing and able to care for the child;”;
by deleting paragraph (h); and
in paragraph (k)—
by deleting the word “or” at the end of subparagraph (i);
by substituting for the full stop at the end of subparagraph (ii) the words “; or”; and
by inserting after subparagraph (ii) the following subparagraph:
“(iii) carrying out any other illegal activities.”.
s 19Amendment of section 18
Section 18 of the principal Act is amended—
by renumbering the existing section as subsection (1);
in subsection (1), by inserting after the word “Protector”
wherever appearing the words “, Assistant Protector”;
and
by inserting after subsection (1) the following subsections:
“(2) A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.
An Assistant Protector or police officer who takes a child into temporary custody under this section shall—
immediately upon such taking, notify the
Protector of such taking and cause the parent or guardian of the child to be notified of such taking; and
within twelve hours after such taking, bring the child before a Protector.
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If a child who is taken into temporary custody under this section escapes or is removed without lawful authority, the Protector shall inquire into the circumstances of the case and notify the parent or guardian of the child of such escape or removal.
Any child who is taken into temporary custody under this section who escapes or is removed without lawful authority may be arrested without a warrant by a Protector, Assistant Protector or police officer.
If the child is arrested by a Protector, the child shall be brought before the Court For Children by the
Protector in accordance with section 19.
If the child is arrested by an Assistant Protector or a police officer, the child shall be immediately brought before a Protector who shall bring the child before the Court For Children in accordance with section 19.
Any person who—
removes a child from temporary custody under subsection (1) without lawful authority;
knowingly assists or induces, directly or indirectly, a child to escape from the temporary custody under subsection (1); or
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the temporary custody under subsection (1), commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.
s 20Amendment of section 19
Section 19 of the principal Act is amended—
in subsection (1), by inserting after the words “before a
Court For Children” the words “by a Protector”;
in subsection (2)—
by substituting for the word “placed” the words
“temporarily placed”; and
in paragraph (a), by inserting after the words
“place of safety” the words “or centre”;
in subsection (3), by inserting after the words “place of safety” wherever appearing the words “or centre”; and
by deleting subsections (4) and (5).
s 21Amendment of section 20
Section 20 of the principal Act is amended—
in subsection (1), by deleting the words “or police officer”
wherever appearing;
by inserting after subsection (1) the following subsection:
“(1a) If an Assistant Protector or a police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Assistant
Protector or police officer may, instead of bringing the child before a Protector under paragraph 18(3)(b), present the child before a medical officer.”;
in subsection (2), by inserting after the word “Protector”
the words “, Assistant Protector”;
by inserting after subsection (2) the following subsection:
“(2a) If a child who is taken into temporary custody by an Assistant Protector or a police officer—
is presented before a medical officer under subsection (1a); or
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is a patient in a hospital and left in the hospital under subsection (2), to be medically examined or treated, the Assistant
Protector or police officer shall notify the Protector of such action.”;
by inserting after subsection (3) the following subsection:
“(3a) If an Assistant Protector does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may, with the approval of a Protector, direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.”; and
in subsection (4)—
by substituting for the words “subsection (3)” the words “subsections (3) and (3a)”; and
by inserting after the word “Protector” the words
“, Assistant Protector”.
s 22Amendment of section 21
Section 21 of the principal Act is amended by inserting after the words “20(1)” the words “, (1a)”.
Amendment of section 25
by substituting for the word “placed” the words
“temporarily placed”; and
in paragraph (a), by inserting after the words “place of safety” the words “or centre”.
s 24Amendment of section 27
Subsection 27(1) of the principal Act is amended by substituting for the word “Protector” the words “Social Welfare Officer”.
s 25Amendment of section 28
Section 28 of the principal Act is amended—
in subsection (1), by substituting for the word “Protector”
the words “Social Welfare Officer”;
in subsection (2), by substituting for the words “released on a bond on conditions to be determined by the Court”
the words “liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both”; and
by deleting subsection (3).
s 26Amendment of section 29
Subsection 29(1) of the principal Act is amended by substituting for the word “Protector” the words “Social Welfare Officer”.
s 27New section 29a
The principal Act is amended by inserting after section 29
the following section:
“Information on children in need of care and protection 29a. If any person, other than the persons referred to in sections 27, 28 and 29, has reason to believe that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he may give such information to a Social Welfare
Officer.”.
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23
Amendment of section 30
in subsection (1)—
by inserting before the word “may” the words
“, after taking into consideration that it is desirable to place a child in a family based care,”;
by substituting for paragraph (c) the following paragraph:
“(c) in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph 17(1)(e), make an order—
placing the child in the care, custody and control of a foster parent found to be suitable by the
Director General for a period of two years from the date the child is placed in the care, custody and control of the foster parent or until he attains the age of eighteen years, whichever is the shorter, and pending that, place the child in a place of safety;
or
placing the child in the care of a fit and proper person for a period of two years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;”;
by inserting after paragraph (c) the following paragraph:
“(ca) make an order placing the child in a centre for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;”;
by substituting for the words “; or” at the end of paragraph (d) a full stop; and
by deleting paragraph (e);
by inserting after subsection (1) the following subsection:
“(1a) In addition to an order made under paragraph (1)(a), (b), (c) or (ca), the Court For
Children may make an order placing the child under the supervision of—
a Protector; or
other person appointed for the purpose by the
Court For Children, for a period specified by the Court For Children.”;
in subsections (2) and (3), by substituting for the words
“paragraph (1)(e)” wherever appearing the words
“subparagraph (1)(c)(i)”;
in subsection (4), by substituting for the words “(1)(e)”
the words “(1)(c)”; and
in paragraph (13)(b), by inserting after the words “place of safety” the words “or centre”.
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