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.
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:
RECOGNIZING 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:
RECOGNIZING the role and responsibility of the family in society, that they be afforded the necessary assistance to enable them to fully assume their responsibilities as the source of care, support, rehabilitation and development of children in society:
NOW, THEREFORE, ENACTED by the Parliament of Malaysia as follows:
PART I
PRELIMINARY
Short title, application and commencement
(1) This Act may be cited as the Child Act 2001.
(2) This Act applies throughout Malaysia.
(3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Interpretation
2. (1) In this Act, unless the context otherwise requires:
1. to whom the care, custody and control of a child has been given by order of a Court under paragraph 30(l)(e); or
2. permitted by the Protector under section 35 or 37, as the case may be, to receive a child into his care, custody and control
1. the offences of murder, culpable homicide not amounting to murder or attempted murder;
2. all offences under the Firearms (Increased Penalties) Act 1971 [Act 37];
3. all offences under the Internal Security Act 1960 [Act 82] punishable with imprisonment for life or with death;
4. all offences under the Dangerous Drugs Act 1952 [Act 234] punishable with imprisonment for more than five years or with death; and
5. all offences under the Kidnapping Act 1961 [Act 365];
1. means a person under the age of eighteen years; and
2. 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];
1. the Director General;
2. the Deputy Director General;
3. a Divisional Director of Social Welfare, Department of Social Welfare;
4. the State Director of Social Welfare of each of the States;
5. any Social Welfare Officer appointed under section 8;
1. in relation to any place-
* member of the family includes a parent or a guardian, or a member of the extended family, who is a household member;
* household member means a person who ordinarily resides in the same household as the child;
* probation hostel means a hostel established or appointed under section 61 as a place of residence for children required to reside there under Part X;
* Register means the Register kept and maintained under section 118;
* prescribed means prescribed by regulations made under section 128;
* hospital means any Government hospital or any teaching hospital of a University;
* foster parent means a person, not being a parent or a relative of a child:-
* Child Welfare Committee, in relation to a State, means a Committee appointed by the Minister to oversee the welfare of persons coming within the purview of Part X and to assist the probation officer in any district or area;
* grave crime includes:
* child :-
* probationer means a child for the time being under supervision by virtue of a probation order;
* extended family, in relation to a person, means persons related by consanguinity, affinity or adoption to that person;
* Director General means the Director General of Social Welfare;
* 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 II;
* Magistrate’s Court means a Court of a Magistrate of the First Class;
* Supervising Court means the Court For Children for the district or area in which a probationer is required to reside;
* Magistrate means a Magistrate of the First Class;
* Council means the Co-ordinating Council,for the Protection of 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 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;
* 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 University;
* 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 ratification for hire whether in money or in kind; and “prostitute” shall be construed accordingly;
* Protector means:-
* owner :-
o means the registered proprietor of the place;
o the lessee, including a sublessee, of the place whether registered or otherwise; or
o the agent or trustee of any of the persons described in subparagraphs (i) and (ii); and
2. in relation to any conveyance, means the registered owner of the conveyance;
Registrar means the Registrar of Children in Need of Protection appointed under subsection 9(2) and includes the Registrar General;
Registrar General means the Registrar General of Children in Need of Protection appointed under subsection 9(l);
Registered medical practitioner means a medical practitioner registered under the Medical Act 1971 [Act 501;
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 :-
ii. means a person in occupation or control of any place; and
iii. 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;
probation order means a probation order made under section
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 privately-owned shelter or institution approved by the Minister, set up for the care, protection and rehabilitation of children;
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;
Henry Gurney School means a school :-
. established or appointed under section 73; and
i. under the direction and control of the Director General of Prisons and approved by the Minister for the 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
i. 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.
(2) In this Act, unless the context otherwise requires, the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan shall each be regarded as a State.
PART II
CO-ORDINATING COUNCIL FOR THE PROTECTION OF CHILDREN
Establishment of the Co-ordinating Council for the Protection of Children
3. (1) There shall be established a Council which shall be known as the “Co-ordinating Council for the Protection of Children”.
(2) The Council shall-
be responsible for advising the Minister on all aspects of child protection;
design an efficient and effective management system throughout Malaysia incorporating information channels for reporting cases of children in need of protection;
recommend services that are specifically oriented to meet the needs of persons, children and families in need of child prote ction services;
co-ordinate the various resources of any Government Department which is involved with child protection;
develop programmes to educate the public in the prevention of child abuse and neglect;
advise on the management, operation and practice of Child Protection Teams throughout Malaysia ;
advise on the development of training programmes for members of Child Protection Teams throughout Malaysia ;
resolve any conflict that may arise within Child Protection Teams; and
perform such other functions as may be prescribed by regulations made under this Act.
Membership of Council:
4. (1) The Council shall consist of the following members:
the Director General who shall be the Chairman;
the Deputy Director General who shall be the Deputy Chairman;
a representative from the Ministry responsible for child protection;
a representative from the Ministry responsible for health;
a representative from the Ministry responsible for education;
a representative from the Ministry responsible for human resources;
a representative from the Ministry responsible for information;
a representative of the Attorney General;
a representative of the Inspector General of Police;
a representative from the Prison Department;
two representatives from the Department of Social Welfare;
a representative from the ministry, in the State of Sabah , charged with the responsibility for welfare services;
a representative from the ministry, in the State of Sarawak , charged with the responsibility for welfare services;
not more than seven persons with appropriate experience, knowledge and expertise on matters rela
