CARE CENTRES ACT 1993

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 506 CARE CENTRES ACT 1993 As at 1 December 2011 2 CARE CENTRES ACT 1993 Date of Royal Assent ... ... ... … ... 7 July 1993 Date of publication in the Gazette ... … ... 15 July 1993 Latest amendment made by Act A1292 which came into operation on … … … … PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002 Second Reprint … … … … 2006 1 August 2008 3 LAWS OF MALAYSIA Act 506 CARE CENTRES ACT 1993 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Exempted premises, etc. PART II REGISTRATION OF CARE CENTRES 4. Care centres to be registered 5. Prohibition of unregistered care centres 6. Registration 7. Conditions to be imposed 8. Register of care centres 9. Inspection of register 10. Certificate of registration 11. Revocation of registration 11A. Interpretation PART III OFFICERS AND THEIR POWERS 12. Appointment of officers 13. Powers of Director General and authorized officers 14. Power of Director General to give written directions 4 Laws of Malaysia ACT 506 Section 15. Power to order closure of registered care centres 16. Power to enter and inspect suspected premises 16A. Power to seal 17. Right to refuse compliance in absence of proof of identity and authority PART IV MISCELLANEOUS 18. Offences and penalties 19. Offences by body corporate and by employees and agents 20. Presumption 21. Institution of prosecution 21A. Compouding of offences 22. Appeal to Minister 23. Exemption 24. Regulations 5 LAWS OF MALAYSIA Act 506 CARE CENTRES ACT 1993 An Act to provide for the registration, control, and inspection of care centres and for matters connected therewith. [Peninsular Malaysia-1 June 1994, P.U. (B) 250/1994] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Care Centres Act 1993 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint; and the Minister may appoint different dates for different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “authorized officer” means a social welfare officer or an officer appointed under section 12; “care” includes protection, supervision, rehabilitation and training; “care centre” means a residential care centre and a day care centre within the meaning of the Act; 6 Laws of Malaysia ACT 506 “day care centre” means, subject to section 3, any premises at which four or more persons are received for care for a continuous period exceeding three hours between the hours of sunrise and sunset in a day, and for at least three days in a week, whether for reward or otherwise; but in the case of premises operated or managed by a natural person, a person who is a relative of that person shall not be reckoned in determining the number of persons received at the premises for the purposes of this definition; “Director General” means the Director General of Social Welfare, Malaysia; “operator”, in relation to a registered care centre, means the person on whose application it was registered; “register” means the register of residential care centres or the register of day care centres, as the case may be, required to be kept under section 8; “registered care centre” means a care centre registered under section 6; “relative” means a legal guardian of the person concerned, or a person who, whether by consanguinity, affinity, or legal adoption, is to the person concerned, or stands in relation to the person concerned as, a parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, or niece; “resident”, in relation to a residential care centre, means a person who has been received for care as a resident at the residential care centre; “residential care centre” means, subject to section 3, any premises at which four or more persons are received for care as residents therein, whether for reward or otherwise; but in the case of premises operated or managed by a natural person, a person who is a relative of that person shall not be reckoned in determining the number of persons received at the premises for the purposes of this definition; “State Director” means the Director of Social Welfare of a State and includes the Director of Social Welfare of the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya respectively. Care Centres 7 Exempted premises, etc. 3. This Act shall not apply to— (a) any government hospital, or any private hospital licensed under the Private Healthcare Facilities and Services Act 1998 [Act 586]; (b) any institution or premises subject to control under, and lawfully established, registered, operated, or managed in accordance with, the Education Act 1996 [Act 550]; (c) any child care centre registered under the Child Care Centre Act 1984 [Act 308]; (d) any institution or premises for the treatment, rehabilitation, or aftercare of drug dependants, lawfully established or operated under the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283]; (e) any institution or premises operated or managed by the Federal Government or a State Government; or (f) any institution or premises used by the Federal Government or a State Government for the temporary housing or care of persons on the occurrence of any event which gives rise to an emergency, or in the interests of public safety. PART II REGISTRATION OF CARE CENTRES Care centres to be registered 4. Every care centre shall be registered under this Act. Prohibition of unregistered care centres 5. (1) Subject to subsection (3), no person shall operate or take part in the management of a care centre that is not registered under this Act. 8 Laws of Malaysia ACT 506 (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding one thousand ringgit for every day during which the offence continues. (3) If a care centre is in operation immediately before the date of the coming into force of this Act, it shall not be an offence under this section for any person to operate or to take part in the management of the care centre— (a) during a period of six months from that date; and (b) if application for registration of the care centre is made within the period mentioned in paragraph (a), during a further period after the end of that period until the expiry of a period of thirty days from the date the applicant is notified of a decision to refuse to register the care centre; and (c) if the applicant appeals to the Minister under section 22 within the said period of thirty days, during a further period after the end of that period until the date the applicant is notified of a decision to dismiss the appeal. Registration 6. (1) An application for the registration of a care centre shall be made to the Director General in the prescribed form. (2) The Director General may register or may refuse to register any care centre. (3) For the purpose of considering an application for the registration of a care centre, the Director General may— (a) enter and inspect the premises of the care centre to ensure that it complies with all requirements of law and of any authority relating to the structure of the building and fire safety, and that it is adequately and suitably equipped and maintained; and Care Centres 9 (b) require the applicant to furnish him with such information and particulars as are required for him to determine the application. (4) Without prejudice to the generality of his powers under subsection (2), the Director General may refuse to register any care centre if any requirement of the law relating to the operation of the care centre or relating to its premises has not been complied with. Conditions to be imposed 7. The Director General, when registering a care centre, may impose such conditions as he thinks fit and proper, including conditions— (a) limiting the number of persons who may be received at the care centre at any time; (b) to ensure that any person employed at the care centre, whether in its management or otherwise, is a fit and proper person, whether as regards age or otherwise, to be employed at the care centre; (c) to ensure that the care centre will be adequately staffed by a sufficient number of persons with suitable qualifications or experience; (d) to ensure that the services for the care, control, custody, treatment, and training of the residents or the persons received for care at the care centre are well provided; (e) to ensure that adequate and balanced diets and sufficient rest and recreation are provided at the care centre; (f) to ensure that the care centre will be adequately and suitably equipped and maintained, particularly in the interests of health; (g) to ensure that adequate arrangements will be made for suitable and proper medical treatment, physiotherapy, psychotherapy, occupational therapy, or any other treatment, within a reasonable time, in respect of any 10 Laws of Malaysia ACT 506 ailment suffered by the residents or persons received for care at the care centre; (h) to ensure compliance at the care centre with any requirement of law or of any authority relating to the structure of the building, fire precautions, health, sanitation, and safety; (i) requiring the payment of such sum of money as may be determined by the Director General as a security deposit to ensure the compliance by the operator with the provisions of the Act, the regulations made under section 24, and the conditions imposed under this section, and for the protection and in the interests of the residents and persons received for care at the care centre. Register of care centres 8. (1) The Director General shall cause to be kept, in such form as he may specify,— (a) a register of residential care centres; and (b) a register of day care centres, registered under this Act containing, in respect of each centre— (i) the name and address of the operator of the care centre; (ii) the name and address of the care centre; and (iii) such other particulars as the Director General thinks necessary. (2) A copy of or an extract from an entry in the register purporting to be certified under the hand of the Director General shall, until the contrary is proved, be admitted in evidence as proof of the facts stated therein as at the date of the certificate. Care Centres 11 Inspection of register 9. Any person may, on application in writing to the Director General and on payment of the prescribed fee, inspect the register during office hours. Certificate of registration 10. (1) After a care centre is registered, the Director General shall, on payment of the prescribed fee, issue a certificate of registration in the prescribed form in respect of the care centre, and the certificate shall specify the name and address of the operator of the care centre, the name and address of the care centre, and the conditions imposed under section 7. (2) The certificate of registration shall be issued to the operator of the care centre and shall not be transferable. (3) The registration of a care centre and the certificate of registration issued in respect thereof shall be valid for sixty calendar months. (4) A copy of the certificate of registration issued by the Director General under this section shall be exhibited in a conspicuous place in the premises specified in the certificate of registration. (5) Where any change occurs in any of the circumstances particulars of which are specified in a