Section 2

to whom the care, custody and control of a child has been given by order of a Court under subparagraph 30(1)(c)(i);

or;

permitted by the Protector under section 35 or 37, as the case may be, to receive a child into his care, custody and control;

“grave crime” includes—

the offences of murder, culpable homicide not amounting to murder or attempted murder;

all offences under the Firearms (Increased Penalties) Act 1971 [Act 37];

all offences under the Internal Security Act 1960 [Act 82]

punishable with imprisonment for life or with death;

all offences under the Dangerous Drugs Act 1952

[Act 234] punishable with imprisonment for more than five years or with death; and

all offences under the Kidnapping Act 1961 [Act 365];

“child”—

means a person under the age of eighteen years; and

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in relation to criminal proceedings, means a person who has attained the age of criminal responsibility as prescribed in section 82 of the Penal Code [Act 574];

“probationer” means a child for the time being under supervision by virtue of a probation order;

“counsellor” means any counsellor, assistant counsellor, psychology officer or assistant psychology officer in the Ministry responsible for welfare services;

“Registrar General” means the Registrar General of Children appointed under subsection 9(1);

“Director General” means the Director General of Social Welfare and includes the State Director of Social Welfare of each of the States;

“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;

“probation report” means a report prepared by a probation officer under subsection 90(13 );

“Board of Visiting Justices” means the Board of Visiting Justices appointed under section 64 of the Prison Act 1995 [Act 537];

“Board of Visitors” means the Board of Visitors appointed by the

Minister under section 82;

“Court” means the Court For Children or any other Court, as the case may require;

“Court For Children” means the Court For Children constituted under section 11;

“Magistrate’s Court” means a Court of a Magistrate of the First

Class;

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“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;

“Magistrate” means a Magistrate of the First Class;

“Council” means the National Council for Children established under section 3;

“Minister” means the Minister or Ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the “Minister” is made, acting individually or jointly or in consultation, as the case may require;

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

“Child Protection Team” means a team established by the Council under section 7;

“probation officer” means a probation officer appointed under section 10;

“senior police officer” has the same meaning as in the Police Act 1967 [Act 344];

“Social Welfare Officer” means any Social Welfare Officer in the

Ministry or Department responsible for welfare services and includes any Assistant Social Welfare Officer;

“Education Officer” has the meaning assigned to it in the Education

Act 1996 [Act 550];

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“prison officer” has the meaning assigned to it in the Prison

Act 1995;

“medical officer” means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a 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;

“police officer” has the same meaning as in the Police Act 1967;

“prostitution” means the act of a person offering that person’s body for sexual gratification for hire whether in money or in kind; and

“prostitute” shall be construed accordingly;

“Protector” means—

the Director General;

the Deputy Director General;

a Divisional Director of Social Welfare, Department of

Social Welfare;

(Deleted by Act A1511);

any Social Welfare Officer appointed under section 8;

“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;

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“owner” —

in relation to any place—

means the registered proprietor of the place;

in relation to any conveyance, means the registered owner of the conveyance;

“Registrar” means the Registrar of Children appointed under subsection 9(2) and includes the Registrar General;

“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];

“conveyance” includes an aircraft, a ship, a boat or a vessel whether afloat or not, and any vehicle;

“child care provider” means a person who looks after one or more children for valuable consideration for any period of time;

“occupier”—

means a person in occupation or control of any place; and

in relation to places different parts of which are occupied by different persons, means the respective person in occupation or control of each part;

“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

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“community service order” means an order requiring a child to perform community service under section 97A;

“probation order” means a probation order made under section 98;

“Henry Gurney School order” means an order made by a Court For

Children sending a child aged fourteen years or above to a Henry

Gurney School;

“approved school order” means an order made by a Court For

Children sending a child to an approved school;

“contribution order” means a contribution order made under section 108;

“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;

“brothel” means any place occupied or used by any two or more persons whether at the same time or at different times for the purpose of prostitution;

“relative” means a person who is related through full-blood or half-blood, or through marriage or adoption, including de facto adoption;

“Henry Gurney School” means a school—

established or appointed under section 73; and

under the direction and control of the Commissioner

General of Prison and approved by the Minister for the

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education, training and detention of persons to be sent there in pursuance of Part X;

“approved school” means a school established or appointed under section 65 and includes a centre;

“place” includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance;

“place of assignation” means any place where communication is established with any child either directly or through intermediary for purposes of prostitution;

“place of refuge” means any place of refuge established or appointed under section 55;

“place of safety” means any place of safety established or appointed under section 54;

“place of detention”—

means any place of detention established or appointed under section 58; and

includes accommodation in a police station, police cell or lock-up, separate or apart from adult offenders;

“probation period” means the period for which a probationer is placed under supervision by a probation order;

“Deputy Director General” means the Deputy Director General of

Social Welfare.

In this Act, unless the context otherwise requires, the Federal

Territory of Kuala Lumpur, the Federal Territory of Putrajaya and the

Federal Territory of Labuan shall each be regarded as a State.

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