Malaysia legislation

Section 2

of CHILD (AMENDMENT) ACT 2016

Section 2

The Child Act 2001 [Act 611], which is referred to as the

“principal Act” in this Act, is amended in section 2—

(a)

in subsection (1)—

(i)

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”;

(ii)

by deleting the definition of “household member”;

(iii)

in the definition of “probation hostel”, by substituting for the words “Part X” the words

“sections 46 and 98”;

(iv)

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”;

(v)

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)”;

(vi)

by deleting the definition of “Child Welfare

Committee”;

(vii)

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;’;

(viii)

by deleting the definition of “extended family”;

(ix)

by inserting before the definition of “Director

General” the following definition:

‘ “Registrar General” means the Registrar

General of Children appointed under subsection 9(1);’;

(x)

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”;

(xi)

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;’;

Child (Amendment)

(xii)

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—

(a)

to reside under a probation order;

(b)

to perform community service under a community service order; or

(c)

to be placed or detained under any other order made under this Act;’;

(xiii)

in the definition of “Council”, by substituting for the words “Co-ordinating Council for the

Protection of Children” the words “National

Council for Children”;

(xiv)

by inserting after the definition of “Minister” the following definition:

‘ “Child Welfare Team” means a team established by the Council under section 7a;’;

(xv)

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;’;

(xvi)

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”;

(xvii)

in the definition of “Protector”, by deleting paragraph (d);

(xviii)

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—

(a)

the care of a child by a parent, guardian or relative;

(b)

the care of a child by a foster parent or fit and proper person; or

(c)

the care of a child in a centre;’;

(xix)

in the definition of “Registrar”—

(A)

by deleting the words “in Need of

Protection”; and

(B)

in the national language text, by substituting for the words “Pendaftar Besar” the words “Ketua Pendaftar”;

(xx)

by deleting the definition of “Registrar General”

appearing after the definition of “Registrar”;

(xxi)

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;’;

(xxii)

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—

(a)

individually; or

(b)

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;’;

Child (Amendment)

(xxiii)

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

(xxiv)

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

(b)

in subsection (2), by inserting after the words “the Federal

Territory of Kuala Lumpur” the words “, the Federal

Territory of Putrajaya”.

Amendment of Part II