CHILD ACT 2001

Child 1 LAWS OF MALAYSIA REPRINT Act 611 CHILD ACT 2001 As at 1 July 2023 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 WJW22/0178 BI.indd 1 04/08/2023 3:33 PM 2 Act 611 Laws of Malaysia CHILD ACT 2001 Date of Royal Assent ... ... ... 15 February 2001 Date of publication in the Gazette ... ... ... 1 March 2001 Latest amendment made by Act A1511 which came into operation on ... ... ... 1 January 2017 ... Previous Reprints WJW22/0178 BI.indd 2 First Reprint … … … … 2002 Second Reprint … … … … 2006 04/08/2023 3:33 PM Child 3 LAWS OF MALAYSIA Act 611 CHILD ACT 2001 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation Part II NATIONAL COUNCIL FOR CHILDREN 3. Establishment of the National Council for Children 3a. Funds 4. Membership of the Council 4a. Revocation and resignation 5. Meeting of Council 5a. Resolutions without meeting 6. Establishment of committees 6a. Vacation of office 7. Establishment of Child Protection Teams 7a. Establishment of Child Welfare Teams Part III APPOINTMENT OF PROTECTOR, ETC. 8. 8a. WJW22/0178 BI.indd 3 Appointment and powers of Protectors Appointment of Assistant Protector 04/08/2023 3:33 PM 4 Laws of Malaysia Section 9. Appointment of Registrar General and Registrar 10. Appointment of probation officers Act 611 Part IV COURTS FOR CHILDREN 11. Constitution and jurisdiction of Court For Children 12. Place of sitting and persons who may be present in Court For Children 13. Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years 14. Court For Children may order placement detention, etc., to extend beyond the date child attains the age of eighteen years 15. Restrictions on media reporting and publication 16. Presumption as to age Part V CHILDREN IN NEED OF CARE AND PROTECTION Chapter 1 GENERAL 17. Meaning of child in need of care and protection Chapter 2 TEMPORARY CUSTODY AND MEDICAL EXAMINATION AND TREATMENT WJW22/0178 BI.indd 4 18. Taking a child into temporary custody 19. Production before Court For Children 20. Child in need of medical examination or treatment 21. Medical examination and treatment 22. Authorization of hospitalization 23. Control over hospitalized children 24. Authorization of medical treatment 25. Steps to be taken after medical examination or treatment 04/08/2023 3:33 PM Child Section 26. No liability incurred for giving authorization 27. Duty of medical officer or medical practitioner 28. Duty of member of the family 29. Duty of child care provider 29a. Information on children in need of care and protection 30. Powers of Court For Children 5 Chapter 3 OFFENCES IN RELATION TO THE HEALTH AND WELFARE OF CHILDREN 31. Ill-treatment, neglect, abandonment or exposure of children 32. Children not to be used for begging, etc. 33. Offence to leave child without reasonable supervision Chapter 4 NOTIFICATION ON TAKING A CHILD INTO CARE, CUSTODY OR CONTROL 34. Application and interpretation 35. Notification of taking a child into care, custody or control 36. Subsequent obligations 37. Power of Protector to require child to be produced before him Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION Chapter 1 GENERAL 38. 39. 39a. 40. 41. 42. WJW22/0178 BI.indd 5 Meaning of child in need of protection and rehabilitation Removal of a child to place of refuge Inquiry by Protector Powers of Court For Children in relation to a child in need of protection and rehabilitation Children in urgent need of protection (Deleted) 04/08/2023 3:33 PM 6 Laws of Malaysia Act 611 Chapter 2 Section OFFENCES 43. Offences 44. Presumptions relating to section 43 45. Placement pending proceedings Part VII BEYOND CONTROL 46. Children beyond control 47. Supervision by probation officer Part VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN 48. Unlawful transfer of possession, custody or control of child 49. Importation of child by false pretences 50. Examination of child and person in charge 51. Protector may require security 52. Offence of taking or sending out a child without appropriate consent of person having lawful custody 53. Recovery order Part VIIIa CENTRE 53a. Minister may approve centres Part IX INSTITUTIONS Chapter 1 PLACES OF SAFETY AND PLACES OF REFUGE 54. WJW22/0178 BI.indd 6 Places of safety 04/08/2023 3:33 PM Child Section 7 55. Places of refuge 55a. Aftercare of child released from place of refuge 56. Child who escapes or is removed from place of safety or place of refuge 57. Offence of removing or helping a child to escape from place of safety or place of refuge Chapter 2 PLACES OF DETENTION 58. Places of detention 59. Child who escapes or is removed from place of detention 60. Offence of removing or helping a child to escape from place of detention Chapter 3 PROBATION HOSTELS 61. Probation hostels 62. Child under ten years of age not to be sent to probation hostel 62a. Aftercare of child released from probation hostel 63. Child who escapes or is removed from probation hostel 64. Offence of removing or helping a child to escape from probation hostel Chapter 4 APPROVED SCHOOLS WJW22/0178 BI.indd 7 65. Approved schools 66. Child under ten years of age not to be sent to approved school 67. When a child can be sent to approved school 68. Approved school order to be delivered to the authority, etc., who conveys child to the school 69. Further detention in approved school beyond period of order 70. Aftercare of child released from approved school 71. Escape from approved school, etc., or failure to return to approved school after expiry of leave, etc. 72. Offence of removing or helping a child to escape from approved school 04/08/2023 3:33 PM 8 Laws of Malaysia Act 611 Chapter 5 HENRY GURNEY SCHOOLS Section 73. Henry Gurney Schools 73a. Commissioner General of Prison’s Standing Orders in respect of Henry Gurney School 74. Child under fourteen years of age not to be sent to Henry Gurney School 75. When a child can be sent to Henry Gurney School Chapter 6 SPECIAL PROVISIONS IN RELATION TO PLACES OF SAFETY, PLACES OF REFUGE, APPROVED SCHOOLS AND HENRY GURNEY SCHOOLS 76. Power in respect of persons of eighteen years but under twenty-one years of age 77. Power of Minister to remove person undergoing imprisonment to Henry Gurney School 78. Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School 79. Power to substitute term of detention to term of imprisonment 80. Transfer of child from one place of safety or place of refuge to another place of safety or place of refuge Chapter 7 MISCELLANEOUS 81. Child or person placed or detained to be subject to regulations 82. Board of Visitors Part X CRIMINAL PROCEDURE IN COURT FOR CHILDREN Chapter 1 CHARGE, BAIL, ETC. 83. Criminal procedure for children to be in conformity with this Act 83a. Arrest WJW22/0178 BI.indd 8 04/08/2023 3:33 PM Child 9 Section 84. Bail 85. Separation of child from adult in police stations, places of detention or Courts 86. Custody of child not discharged on bail after arrest 87. Submission of information by police officer after arrest Chapter 2 TRIALS 88. Parent or guardian required to attend 89. Parents or guardian may be required to withdraw 90. Procedure in Court For Children Chapter 3 POWERS OF THE COURT FOR CHILDREN AT THE CONCLUSION OF THE TRIAL 91. Powers of Court For Children on proof of offence 92. (Deleted) 93. Parent or guardian to execute bond 94. Power to order parent or guardian to pay fine, etc., instead of child 95. Appeals 96. Restrictions on order of imprisonment 97. Sentence of death Chapter 3a COMMUNITY SERVICE ORDER WJW22/0178 BI.indd 9 97a. Community service order 97b. Failure to comply with community service order 97c. Commission of further offence 97d. Effects of community service order 97e. Amendment of community service order 97f. Court to give copies of amending community service order to probation officer 04/08/2023 3:33 PM 10 Laws of Malaysia Act 611 Chapter 4 PROBATION Section 98. When probation may be ordered 99. Failure to comply with probation order 100. Commission of further offence 101. Effects of probation 102. Amendment of probation order 103. Discharge of probation order 104. Court to give copies of amending or discharging order to probation officer Part XI IN THE CARE OF FIT AND PROPER PERSON 105. Child placed in the care of fit and proper person 106. Child who escapes or is removed from the care of fit and proper person 107. Offence of removing or helping a child to escape from the care of fit and proper person Part XII CONTRIBUTION ORDERS 108. Contribution by parent or guardian or other person Part XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC. 109. Power of investigation 110. Power to arrest without warrant 111. Search by warrant 112. Search without warrant 113. Power to examine person 114. Inspection 115. Obstruction 116. Protection of informers WJW22/0178 BI.indd 10 04/08/2023 3:33 PM Child 11 Part XIV MISCELLANEOUS Section 117. Power of Court For Children conferred on High Court 118. Register 119. Contents of Register 120. Access to Register 121. Offence in respect of Register 122. Certificate of Registrar to be evidence 123. Protection against suit and legal proceedings 124. Public servant 125. General penalty 126. Institution and conduct of prosecution 127. Service of document 128. Power to make regulations Part XV SAVINGS AND TRANSITIONAL PROVISIONS 129. Interpretation 130. Repeal 131. References to Juvenile Court, etc. 132. Continuance of Council, etc. 133. Continuance of rules, etc. 134. Institutions established or appointed 135. Prevention of anomalies First Schedule Second Schedule WJW22/0178 BI.indd 11 04/08/2023 3:33 PM 12 WJW22/0178 BI.indd 12 Laws of Malaysia Act 611 04/08/2023 3:33 PM Child 13 LAWS OF MALAYSIA Act 611 CHILD ACT 2001 An Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto. [1 August 2002, P.U. (B) 229/2002] Recognizing that the country’s vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil Malaysian society which is united, progressive, peaceful, caring, just and humane: R ecognizing that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity: Acknowledging that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil Malaysian society: Recognizing every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status: Acknowledging the family as the fundamental group in society which provides the natural environment for the growth, support and well-being of all its members, particularly children, so that they may develop in an environment of peace, happiness, love and understanding in order to attain the full confidence, dignity and worth of the human person: WJW22/0178 BI.indd 13 04/08/2023 3:33 PM 14 Laws of Malaysia Act 611 Recognizing the role and responsibility of the family in society, that they be afforded the necessary