PERSONS WITH DISABILITIES ACT 2008

Persons with Disabilities LAWS OF MALAYSIA REPRINT Act 685 PERSONS WITH DISABILITIES ACT 2008 As at 1 October 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 1 2 Laws of Malaysia Act 685 PERSONS WITH DISABILITIES ACT 2008 Date of Royal Assent … … … … … 9 January 2008 Date of publication in the Gazette … … 24 January 2008 Persons with Disabilities 3 LAWS OF MALAYSIA Act 685 PERSONS WITH DISABILITIES ACT 2008 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES 3. National Council for Persons with Disabilities 4. Alternate members 5. Revocation of appointment 6. Cessation of membership 7. Meetings of Council 8. Secretary to the Council 9. Functions of the Council 10. Council to be assisted by the Department 11. Establishment of committees 12. Delegation of functions and powers 13. Council to recommend changes to law 14. Responsibility of the Government 15. Responsibility of relevant ministries, etc. 16. Responsibility of the private sector and non-governmental organization 4 Laws of Malaysia Act 685 Section 17. Follow up 18. Funds 19. Annual reports Part III APPOINTMENT OF REGISTRAR GENERAL, ETC., AND REGISTRATION OF PERSONS WITH DISABILITIES 20. Appointment and duties of Registrar General and Registrar 21. Register of Persons with Disabilities 22. Application for registration 23. Power of Registrar to call for additional document or information 24. Registration and refusal to register 25. Issuance of “Kad OKU” Part IV PROMOTION AND DEVELOPMENT OF THE QUALITY OF LIFE AND WELLBEING OF PERSONS WITH DISABILITIES Chapter 1 Accessibility 26. Access to public facilities, amenities, services and buildings 27. Access to public transport facilities 28. Access to education 29. Access to employment 30. Access to information, communication and technology 31. Access to cultural life 32. Access to recreation, leisure and sport Chapter 2 Habilitation and rehabilitation 33. Habilitation and rehabilitation 34. In-home, residential and other community support services Persons with Disabilities Chapter 3 Health Section 35. Access to health 36. Prevention of further occurrence of disabilities 37. Availability of health personnel Chapter 4 Protection of persons with severe disabilities 38. Lifelong protection and social support system 39. Meaning of “persons with severe disabilities” Chapter 5 Situations of risk and humanitarian emergencies 40. Access to assistance Part V GENERAL 41. Protection against suit and legal proceedings 42. Public Authorities Protection Act 1948 43. Power to make regulations 44. Things done in anticipation of the enactment of this Act 45. Savings and transitional 46. Prevention of anomalies 5 6 Laws of Malaysia Act 685 Persons with Disabilities 7 LAWS OF MALAYSIA Act 685 PERSONS WITH DISABILITIES ACT 2008 An Act to provide for the registration, protection, rehabilitation, development and wellbeing of persons with disabilities, the establishment of the National Council for Persons with Disabilities, and for matters connected therewith. [7 July 2008, P.U. (B) 268/2008] RECOGNIZING that disability is an evolving concept and that disability results from the interaction between persons with disabilities and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with persons without disabilities: RECOGNIZING the valued existing and potential contributions made by persons with disabilities to the overall wellbeing and diversity of the community and society: RECOGNIZING the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully and effectively participate in society: RECOGNIZING that persons with disabilities are entitled to equal opportunity and protection and assistance in all circumstances and subject only to such limitations, restrictions and the protection of rights as provided by the Federal Constitution: RECOGNIZING the importance of the co-operation between the Government and the private sector and non-governmental organization in ensuring the full and effective participation and inclusion of persons with disabilities in society: NOW, THEREFORE, ENACTED by the Parliament of Malaysia as follows: 8 Laws of Malaysia Act 685 Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Persons with Disabilities Act 2008. (2) 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 2. In this Act, unless the context otherwise requires— “language” includes spoken and sign languages, Malaysia Sign Language and other forms of non-spoken languages; “Malaysia Sign Language” means the official sign language for the deaf in Malaysia; “Register” means the Register of Persons with Disabilities kept and maintained under section 21; “prescribed” means prescribed by regulations made under this Act; “habilitation” refers to a process aimed at enabling persons who are born with disabilities to attain and maintain their full physical, mental, social and vocational ability and full inclusion and participation in all aspects of life; “Department” means the Department for the Development of Persons with Disabilities responsible for the registration, protection, rehabilitation, development and wellbeing of persons with disabilities; “Kad OKU” means the card issued under section 25; “Government” means the Federal Government; Persons with Disabilities 9 “Registrar General” and “Deputy Registrar General” means the Registrar General for Persons with Disabilities and Deputy Registrar General for Persons with Disabilities respectively appointed under paragraphs 20(1)(a) and (b); “communication” includes languages, display of text, Braille, tactile communication, large print, signal, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology; “Council” means the National Council for Persons with Disabilities established under section 3; “Minister” means the Minister charged with the responsibility for social welfare; “persons with disabilities” include those who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society; “Social Welfare Officer” means any Social Welfare Officer in the Ministry responsible for social welfare and includes any Assistant Social Welfare Officer; “Registrar” means the Registrar for Persons with Disabilities appointed under paragraph 20(1)(c); “private healthcare service provider” means the provider of a private healthcare facility under the Private Healthcare Facilities and Services Act 1998 [Act 586]; “reasonable accommodation” means necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise of the quality of life and wellbeing on an equal basis with persons without disabilities; “rehabilitation” refers to a process aimed at enabling persons with disabilities to attain and maintain their full physical, mental, social and vocational ability and full inclusion and participation in all aspects of life; 10 Laws of Malaysia Act 685 “universal design” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design and shall include assistive devices for particular groups of persons with disabilities where this is needed; “private sector” refers to any person or body whether corporate or unincorporate other than the Government or State Government, agencies, bodies or organization of the Governments, but excludes any reference to non-governmental organization. Part II NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES National Council for Persons with Disabilities 3. (1) A body to be known as National Council for Persons with Disabilities shall be established for the purpose of this Act. (2) The Council shall consist of the following members: (a) the Minister who shall be the Chairman; (b) the Secretary General of the Ministry responsible for social welfare, who shall be the Deputy Chairman; (c) the Attorney General of Malaysia, or his representative; (d) the Secretary General of the Ministry responsible for finance; (e) the Secretary General of the Ministry responsible for transport; (f) the Secretary General of the Ministry responsible for human resources; (g) the Director General of Education; (h) the Director General of Health; Persons with Disabilities 11 (i) the Chairman of the Commercial Vehicle Licensing Board; (j) not more than ten persons having appropriate experience, knowledge and expertise in problems and issues relating to persons with disabilities to be appointed by the Minister. (3) The members of the Council appointed under subsection (2) may be paid such allowances as the Minister may determine. (4) 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 4. (1) The Minister may appoint a person to be an alternate member in respect of each member appointed under paragraphs 3(2)(d), (e) and (f) to attend, in place of that member, meetings of the Council if that member is for any reason unable to attend. (2) When attending meetings of the Council, an alternate member shall for all purposes be deemed to be a member of the Council. (3) 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 5. The Minister shall revoke the appointment of a member of the Council appointed under paragraph 3(2)(j)— (a) 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; 12 Laws of Malaysia Act 685 (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under a law relating to corruption; or (iii) any other offence punishable with imprisonment; (c) if he becomes a bankrupt; or (d) if he becomes of unsound mind or is otherwise incapable of discharging his duties. Cessation of membership 6. A member of the Council appointed under paragraph 3(2)(j) shall cease to be a member— (a) if he is absent from three consecutive meetings of the Council without leave of the Chairman; (b) if his appointment is revoked; (c) if he dies; or (d) if he resigns his office by giving one month notice in writing to the Minister. Meetings of Council 7. (1) The Council shall meet at least three times a year for the performance of its functions at such time and place as the Chairman may determine. (2) Eleven members shall form the quorum of a meeting of the Council. (3) The Chairman shall preside over all its meetings. Persons with Disabilities 13 (4) If the Chairman is unable for any reason to preside any meeting of the C