* Persons With Disabilities Act 2008

Original Language Title: * Persons With Disabilities Act 2008

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Laws of MALAYSIA Malaysian law ONLINE TEXT VERSION PRINT the UPDATED Act 685 of DISABLED PERSONS ACT 2008 As at 1 July 2014 2 DISABLED PERSONS ACT 2008 the date of Royal Assent............ 9 January 2008 date of publication in the Gazette of ... ... more January 24, 2008 3 laws of MALAYSIA Act 685 of DISABLED PERSONS ACT 2008 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation of PART II of the NATIONAL COUNCIL for PERSONS with DISABILITIES 3. The National Council for persons with disabilities 4. Alternate member 5. Revocation of appointment 6. Keterhentian membership of 7. Meetings of the Council 8. Secretary of Council 9. The functions of the Council 10. The Council shall be assisted by the Department 11. Establishment of 12. Delegation of functions and powers 13. The Council shall recommend changes to the law 14. Responsibility Government 15. The responsibility of the relevant Ministry, etc.
4 laws of Malaysia ACT 685 Section 16. The responsibility of the private sector and non-governmental organizations 17. Follow-up action 18. Funds 19. Annual report PART III of the REGISTRAR GENERAL APPOINTMENTS, etc. And REGISTRATION of PERSONS with DISABILITIES 20. Appointment and duties of the Registrar General and the Registrar of 21. Register of persons with disabilities 22. Application for registration 23. Power of Registrar to request a document or additional information 24. Registration and refusal to register 25. OKU card issuance PART IV PROMOTION and DEVELOPMENT of QUALITY of LIFE and WELL-BEING of PEOPLE with DISABILITIES chapter I Kebolehaksesan 26. Access to the facilities, amenities, services and public 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 the culture of life 32. Access to recreation, leisure and sport of people with disabilities 5 Chapter 2 Habilitasi and rehabilitation of section 33. Habilitasi and rehabilitation, 34. Services at home, residential and other community support chapter 3 Health 35. Access to the Wellness Centre 36. Prevention of occurrence of further disability 37. Procurement personnel health chapter 4 Cover people with severe disability 38. Lifelong protection and social support systems 39. The meaning of "a person with a severe disability" Chapter 5 emergency humanitarian Situation risky and 40. Access to the help part V GENERAL 41. Protection against legal action and legal proceedings 42. Public authorities Protection Act 1948 43. Power make regulations 44. Things done in anticipation of this Act made 45. 46. Savings and transitional Prevention of anomalies 7 laws of MALAYSIA Act 685 of DISABLED PERSONS ACT, 2008 an act to provide for the registration, protection, rehabilitation, development and well being of people with disabilities, the establishment of the National Council for persons with disabilities, and for matters connected therewith.

[July 7, 2008; P.u. (B) 268/2008] RECOGNISES that disability is a concept that is continuously evolving and that a disability resulting from the interaction between persons with disabilities with obstacles attitude and environment block their full and effective participation in society on the basis of equivalence with the disabled: RECOGNIZE existing and potential contribution of value made by persons with disabilities to the well-being and diversity of community and society at large : recognises the importance of kebolehaksesan to the physical environment, social, economic and cultural, to health and education and to information and communication, to enable the full and effective participation of persons with disabilities in society: recognizes that persons with disabilities are entitled to opportunities and protection, as well as help equal in all the circumstances and may be subject only to such limitations, restrictions and protection of rights as provided by the Constitution : recognises the importance of cooperation between the Government and private sector and non-governmental organizations in ensuring the 8 laws of Malaysia ACT 685 participation and full and effective participation of persons with disabilities in society: THEN, therefore, enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Disability Act 2008.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates for the coming into operation of different provisions of this Act.


Interpretation 2. In this Act, unless the context otherwise requires ―it "language" includes spoken and signals, Malaysian sign language and other forms of language is not spoken;

"Malaysian sign language" means the official sign language for the deaf in Malaysia;

"Register" means the register of disabled persons that are stored and maintained under section 21;

"prescribed" means prescribed by regulations made under this Act;

"habilitasi" refers to the process which aims to allow people born with a disability, disabled 9 achieve and retain full capabilities of physical, mental, social and vocational as well as their full involvement and participation in all aspects of life;

"Department" means the Department of development for people with disabilities who are responsible for the registration, protection, rehabilitation, development and well-being of persons with disabilities;

"DISABLED PERSONS Card" means the card issued under section 25;

"Government" means the Federal Government;

"Registrar General" and "Deputy Registrar" respectively means the Registrar General for the disabled and Deputy Registrar General for disabled persons appointed under paragraph 20 (1) (a) and (b);

"communication" includes languages, display of text, Braille, tactile language, large print, accessible multimedia signal, as well as the manner and format of communications in writing, audio, plain language, jurubaca and augmentative and alternative methods, including information can access and information 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;

"disability" includes those who have lack of long-term physical, mental, intellectual or sensory when interacting with various obstacles, can block their full and effective participation in society;

"Welfare Officer" means any officer of the social welfare of the Ministry responsible for social welfare and includes any Assistant Social Welfare Officer;

10 laws of Malaysia ACT 685 "Registrar" means the Registrar of persons with disabilities appointed under paragraphs 20 (1) (c);

"private healthcare service provider" means a provider of private health care facilities under the Facilities and private healthcare Service 1998 [Act 586];

"reasonable adjustment" means modifications and adjustments that are necessary and appropriate, without imposing the burden of imbalance or inappropriate, if needed in a particular case, to ensure that persons with disabilities enjoy or live your life quality and prosperous on the basis of equivalence with the disabled;

"rehabilitation" refers to a process aimed at enabling persons with disabilities to achieve and maintain full capabilities of physical, mental, social and vocational as well as their full involvement and participation in all aspects of life;

"universal design" means the design of products, environments, programmes and services which can be used by all people, to the extent possible, without the need to make adaptation or specialized design and shall include AIDS for a particular group of people with disabilities if they are needed;

"the private sector" refers to any person or body, whether incorporated or not incorporated other Government or State Government, agency, body or Government Organization, but does not include any references to non-governmental organisations.

PART II of the NATIONAL COUNCIL for PERSONS with DISABILITIES the National Council for persons with disabilities 3. (1) a body to be known as the National Council for persons with disabilities shall be established for the purposes of this Act.
People with disabilities 11 (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/her 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 in charge of human resources;


(g) the Director General of education;
(h) the Director General of health;
(i) the Chairman of the commercial vehicles Licensing Board;
(j) not more than ten people who have experience, knowledge and expertise appropriate to the problems and issues relating to disabled persons who shall be appointed by the Minister.

(3) a member of Council appointed under subsection (2) may be paid such allowance as determined by the Minister.

(4) a member of Council appointed under paragraph (2) (j), unless he sooner resigns or clear his Office or his appointment is sooner revoked shall hold office for a term not exceeding two years and shall be eligible for re-election for a term of not more than two terms in a row.

12 laws of Malaysia ACT 685 alternate member 4. (1) the Minister may appoint any person to be an alternate member in respect of each member appointed under paragraph 3 (2) (d), (e) and (f) to attend meetings of the Council in lieu of the Member when the Member is unable to attend for any reason.

(2) when attending meetings of the Council of a member of an alternate shall for all purposes be deemed to be members of the Council.

(3) a status of alternate shall, unless he first relinquished his membership or his appointment is sooner revoked, cease to be an alternate member when the Member for whom he is alternate member cease 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) ―it (a) if his actions, whether related to its obligations as a member of the Council or otherwise, worsens the name Council;

(b) if it has been proved against him, or he has been convicted of, a charge in respect of ―it (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under the law relating to corruption; or (iii) any other offence punishable with imprisonment;

People with disabilities 13 (c) if he becomes bankrupt; or (d) if he is not of unsound mind or otherwise unable to meet their obligations.


Keterhentian membership of the 6. A member of the Council appointed under paragraph 3 (2) (j) shall cease to be a member of ―it (a) if he fails to attend three consecutive meetings of the Council without the permission of the Chairman;

(b) if his appointment is revoked;
(c) if he dies; or (d) if he resign his Office by giving one month's notice in writing to the Minister.


7 Council meeting. (1) the Council shall meet at least three times a year to carry out its functions at any time and in any place as shall be determined by the Chairman.

(2) Eleven members shall form a quorum of the meeting of the Council.

(3) the Chairman shall preside at all its meetings.

(4) If the Chairman is unable for any reason to preside at any meeting of the Council meetings shall be chaired by the Deputy Chairman.

(5) the Council may invite any person to attend any meeting or deliberation of the Council 14 laws of Malaysia ACT 685 for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

(6) At any meeting of the Council, the Chairman shall have a vote and shall, in the event of equality of votes, has the casting vote.

(7) any person invited under subsection (5) may be paid such allowance as determined by the Minister.

(8) subject to the provisions of this Act, the Council may make rules for regulating the meetings and proceedings.


The Secretary of the Council 8. Director General of social welfare shall be the Secretary of the Council.


Functions of Council 9. (1) the functions of the Council are as follows: (a) to oversee the implementation of the national policy and national plan of action relating to persons with disabilities;

(b) to make recommendations to the Government on all aspects of disability, including matters relating to the support, care, protection, rehabilitation, development and well-being of persons with disabilities;

(c) to coordinate and monitor the implementation of the national policy and national plan of action relating to persons with disabilities with ministries, agencies, persons with disabilities 15 body or government organizations and the private sector related;

(d) to monitor and assess the impact of policies, programmes and activities designed to achieve the full and effective participation of persons with disabilities and in doing so may make any arrangement with the Ministry, agency, body or organisation of the Government and the private sector, relevant as it may deem necessary;

(e) to review the activities of all ministries, agencies, or organizations, both Government and the private sector who are involved in the implementation of the national policy and national plan of action relating to persons with disabilities;

(f) to recommend to the Government changes to the existing law and to recommend new laws to ensure the full and effective participation of persons with disabilities in society, including to facilitate kebolehaksesan;

(g) to develop programmes and strategies that aim to educate the community and to raise awareness in the community, including at the family level, in relation to persons with disabilities including the ability and their contributions to encourage positive impression and high social awareness and foster respect for the rights and dignity of persons with disabilities;

(h) to adopt effective and appropriate measures to promote recognition of the skills, merits and abilities of persons with disabilities, and their contributions to the workplace and the labour market;

(i) to foster respect for the rights of persons with disabilities at all levels of the educational system, including at the stage of early childhood;
16 laws of Malaysia ACT 685 (j) to advise the Government on issues including the inability of developments at the international level;

(k) to gather and collect the check data and information, and to carry out and promote research relating to persons with disabilities;

(l) to promote the development of initial and continuing training for professionals and staff working in the service habilitasi and rehabilitation;

(m) to promote employment opportunities and career enhancement for people with disabilities in the labour market, as well as assistance in finding or getting a job on a keserataan with the disabled; and (n) to perform any other functions as directed by the Minister for appropriate implementation of this Act.

(3) the Council shall have all the powers as may be necessary for, or in connection with, or incidental to, the performance of its functions under this Act.


The Council shall be assisted by the Department 10. The Council shall be assisted by the Department in the performance of its functions and exercise of its powers under this Act.


The establishment of the Committee 11. (1) the Council may establish such committees as it may deem necessary or expedient to assist in the performance of its functions and exercise of its powers under this Act.

(2) a Committee established under subsection (1) Disabled ―it 17 (a) shall be chaired by any member of the Council set out under paragraph 3 (2) (b) to (i);

(b) shall meet and act in accordance with any instructions given to it by the Council; and (c) may determine its own procedure.
(3) members of the Committee established under subsection (1) may be appointed from among members of the Council or any other persons as the Council may think fit.

(4) unless the Committee appointed from among members of the Council, any other person who was appointed as a member of the Committee may be paid such allowance as determined by the Minister.

(5) a member of the Committee shall hold office for such period as may be specified in the letter of appointment and shall be eligible for re-election.

(6) the Council may revoke the appointment of any member of the Committee without assigning any reason for the revocation.

(7) a member of the Committee may, at any time, resign by giving notice in writing to the Chairman of the Committee.

(8) the Council may, at any time, discontinue or modify the membership of a Committee.

(9) the Committee shall hold its meetings at any time and in any place as shall be determined by the Chairman of the Committee.

(10) the Committee may invite any person to attend any meeting of the Committee for the purpose of 18 laws of Malaysia ACT 685 of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

(11) any person invited under subsection (10)

may be paid such allowance as determined by the Minister.


Delegation of functions and powers of 12. (1) the Council may, subject to such conditions, limitations or restrictions as it may absolutely deem fit to impose, delegate any of its functions and powers, except the power to make regulations under section 43, to ―it (a) Chairman of the Council;
(b) any member of the Council appointed under paragraph 3 (2) (b) to (i); and (c) a Committee established under section 11.
(2) any person or Committee delegated by such functions and powers shall meet and take into account all conditions and restrictions imposed by the Council and all the requirements, procedures and matters specified by the Council.

(3) any function or power delegated under this section shall be implemented and carried out in the name of and on behalf of the Council.

(4) a delegation under this section shall not prevent the Council from performing or conducting himself at any time any of the functions and powers delegated.


The Council shall recommend changes to the law 13. (1) in the performance of its functions under this Act, it is the responsibility of the Council to recommend to the Government the disabled 19 changes required to be made on any law or to propose new laws of procurement to ensure the full and effective participation of persons with disabilities in society, including to facilitate the kebolehaksesan or any other matters as may be deemed necessary or expedient by the Council.

(2) for the purposes of making any recommendations under subsection (1), the Council ―it (a) shall consult with the Ministry, agency, body or related government organizations; or (b) may consult with the private sector or non-governmental organisations as it regards necessary or expedient to do so.

(3) in formulating recommendations or its proposal under subsection (1), the Council shall take into account any policies, information and other considerations received during the consultation in accordance with subsection (2) as it considers relevant.


Responsibilities the Government 14. Duties and obligations to be fulfilled by the Government under this Act shall be for the success of the principle relating to persons with disabilities and shall be granted such ―it (a) with regard to its human and financial resources available and any other relevant factors; and (b) in compliance with the provisions of the Federal Constitution and law related.




20 laws of Malaysia ACT 685 Ministry Responsibilities related, etc.

15. The responsibility and obligation of every Ministry, agency, body or related government organizations ―it (a) to cooperate with and assist the Tribunal in the implementation of the functions of the Tribunal under this Act;

(b) to give appropriate consideration to the national policy and national plan of action relating to persons with disabilities; and (c) to take or carry out actions that are required to be taken by it in accordance with any form or manner as may be provided under any other written law or otherwise in relation to people with disabilities.


The responsibility of the private sector and non-governmental organizations 16. The responsibility and obligations of the private sector and non-governmental organisations ―it (a) to cooperate with and assist the Tribunal in the implementation of the functions of the Tribunal under this Act;

(b) to give appropriate consideration to the national policy and national plan of action relating to persons with disabilities; and (c) to take or carry out actions that are required to be taken by it in accordance with any form or manner as may be provided under any other written law or otherwise in relation to people with disabilities.




People with disabilities 21 actions 17. (1) the Council may require the Ministry, agency, body or organisation of the relevant Government to submit a report to the Council on the steps and actions required to be taken by the Ministry, agency, body or relevant government organizations in complying with the provisions of the Act at such intervals as shall be determined by the Council.

(2) be the duty of the Ministry, agency, body or related government organization referred to in subsection (1) to submit a full report in respect of the progress of measures or actions undertaken by the Ministry, agency, body or relevant government organizations and the report shall be given up to step or action is completed.

(3) the Council may require the Ministry, agency, body or related government organization to provide an explanation if the Council is of the opinion that progress or the action is insufficient or unsatisfactory.


Funds 18. The Government shall assign the Council with sufficient funds annually to enable the Council of its functions under this Act.


Annual report 19. The Council shall provide an annual report on all its activities during the year meant by the report to the Minister, and any public authority as directed by the Minister.





22 laws of Malaysia ACT 685 PART III APPOINTMENT of CHIEF Registrar, etc., and REGISTRATION of PERSONS with DISABILITIES the appointment and duties of the Registrar General and the Registrar 20. (1) the Minister shall for the purposes of this Act, appoint ―it (a) a Social Welfare Officer who is responsible for the Department as the Registrar General;

(b) an officer of the Social Welfare Department as Deputy Chief Registrar;

(c) an officer of the Social Welfare Department as the Registrar for each State and the Federal District; and (d) such number of Assistant Registrar for any district or area as determined by the Minister.

(2) the Registrar General shall be under the direction and general supervision of the Director General of social welfare and the Registrar General shall exercise general supervision and control over all matters relating to the registration of persons with disabilities under this Act.

(3) the Deputy Chief Registrar, the Registrar and the Assistant Registrar shall be under the direction and general supervision of the Chief Registrar.

(4) the Registrar General shall have the authority and perform the functions conferred upon him by this Act, and in his absence, the powers and functions that may be owned or carried out by the Deputy Chief Registrar.

(5) subject to the direction, control and surveillance of the Chief Registrar, Deputy Registrar or Registrar can persons with disabilities 23 exercise all the powers and functions conferred upon the Registrar General by or under this Act.

(6) subject to the direction, control and supervision of the Registrar, an Assistant Registrar shall assist the Registrar in the exercise of its powers and perform its functions in the district or area to the Assistant Registrar was appointed.

(7) the appointment of the Registrar General, Deputy Registrar General, the Registrar and Assistant Registrar under this section shall be published in the Gazette.


Register of persons with disabilities 21. (1) every Registrar shall keep and maintain the register of disabled persons.

(2) the Minister may make regulations for the storage and maintenance of the register of disabled persons and the regulations may include provisions to empower the Registrar or Assistant Registrar to update Express by making changes to the particulars of the person with a disability or cut the name of persons with disabilities who have died or cease to be disabled persons.


Application for the registration of 22. (1) an application for registration as a disabled person shall be made to the Council.

(2) the Minister may make regulations for the registration of disabled persons and for all matters incidental thereto.

(3) without prejudice to the generality of subsection (2), the regulations can ―it 24 laws of Malaysia ACT 685 (a) prescribing the procedure to be followed when making an application for registration;

(b) prescribing persons that can be registered as persons with disabilities and those who cease to be registered as persons with disabilities; and (c) prescribing the manner of issuance and cancellation of cards for the HANDICAPPED.


Power of Registrar to request additional information or documents 23. (1) the Registrar may, in respect of any application made under section 22, calling for given by the applicant of any such document or additional information within the period specified by the Registrar.

(2) If a person who makes the application failed to provide a document or additional information requested within the period specified or such other period as may be extended by the Registrar, the application is deemed to have been withdrawn but without prejudice to a new application is made.


Registration and refusal to register 24. (1) after considering an application under section 22 and any document or additional information to be given in accordance with section 23, if any, the Registrar shall ―it


(a) register a person as a person with a disability if he or she is satisfied that the person who is the subject of the application is disabled; or (b) refuse to register a person as a person with a disability if he or she is satisfied that the person is not a person with a disability.

Persons with disabilities 25 (2) any person aggrieved by the decision of the Registrar under paragraph (1) (b) may appeal to the Minister and the decision of the Minister shall be final.


Card issuance OKU 25. (1) the Registrar shall issue the DISABLED Card to someone who registered as persons with disabilities.

(2) DISABLED PERSONS Card issued under subsection (1) shall, unless proved to have been revoked, be conclusive evidence for all purposes that the person has been duly registered as persons with disabilities under this Act.

(3) DISABLED PERSONS Card must be returned to the Registrar when a person cease to be disabled persons.

PART IV of the PROMOTION and DEVELOPMENT of QUALITY of LIFE and WELL-BEING of PEOPLE with DISABILITIES chapter I Kebolehaksesan access to the facilities, amenities, services and public buildings 26. (1) persons with disabilities shall have the right to access to and use of facilities, amenities, services and public buildings which are open or provided to the public on the basis of equivalence with the disabled, but subject to the existence or appearance of any condition that could endanger the safety of persons with disabilities.

(2) for the purposes of subsection (1), the Government and the establishment of any facilities, amenities, services and public buildings should be 26 laws of Malaysia ACT 685 consider appropriate and take the necessary measures to ensure that the facilities, amenities, services and public buildings and improvements equipment connected therewith meet universal design to facilitate access to and use by people with disabilities.


Access to public transportation 27. (1) persons with disabilities shall have the right to access to and use of facilities, amenities and public transport services which are open or provided to the public on the basis of equivalence with the disabled.

(2) for the purposes of subsection (1), the Government and the establishment of any facilities, amenities and public transport services shall give consideration to appropriate and take the necessary measures to ensure that facilities, amenity and public transport services that meet universal design to facilitate access to and use by people with disabilities.


Access to education 28. (1) persons with disabilities should not be excluded from the general education system on the basis of disability, and children with disabilities cannot be excluded from pre-school education, primary, secondary and higher, on the basis of equivalence with the people or children disabled including vocational training and lifelong learning.

(2) Government and private education providers shall, to enable people and children with disabilities pursue further education, provide reasonable adjustment to suit the needs of the people and children with disabilities in terms of, inter alia, infrastructure, equipment and teaching materials, teaching methods, curriculum and other forms of support that meet the various needs of the people or children with disabilities.

People with disabilities 27 (3) Government and private education providers shall take appropriate steps to allow people and children with disabilities to learn life and social development skills to facilitate their full and equal participation in education include the following: (a) to facilitate the learning of Braille, alternative script, augmentative and alternative methods, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;

(b) to facilitate learning Malaysian sign language and the promotion of linguistic identity of the deaf community; and (c) to ensure that education of persons and in particular children, who are blind, deaf or deaf-blind is delivered in the language, methods and means of communication are most appropriate for the individual, and in environments which maximize academic and social development.


Access to employment 29. (1) persons with disabilities shall have the right to access to employment on the basis of equivalence with the disabled.

(2) the employer shall protect the rights of persons with disabilities, on the basis of equivalence with the disabled to get a fair work environment and good including equal opportunity and equal remuneration for work of similar value, the atmosphere of a safe and healthy work, protection from interference and restore the discontent.

(3) the employer shall, in the performance of its duties seriously strive to promote stable employment for people with disabilities by assessing its ability to properly, provide an appropriate place of employment and management of suitable employment.

28 laws of Malaysia ACT 685 (4) the Council shall, in order to promote recruitment of people with disabilities in the private sector, formulate appropriate policies and measures, which may include affirmative action programmes and other measures.

(5) the Council should promote opportunities for training to persons with disabilities in the labour market and also opportunities for self-employment, entrepreneurship, cooperative development, starting your own business and work from home opportunities.

(6) for the purposes of this section, "employer" includes Government.


Access to information, communication and technology 30. (1) persons with disabilities shall have the right to access to information, communication and technology on the basis of equivalence with the disabled.

(2) Government and provider of information, communication and technology shall, to enable people with disabilities to have such access, providing information, communication and technology in the format and technology can access in accordance with various types of disability in the manner in a timely manner and without additional cost.

(3) the Government and the private sector must accept and facilitate the use of Malaysian sign language, Braille, augmentative and alternative communication, and all the ways, methods and communication format can access options of persons with disabilities in official business.


Access to the culture of life 31. (1) persons with disabilities shall have the right to access to the culture of life on the basis of equivalence with the disabled.

People with disabilities 29 (2) disabled persons shall have the right to enjoy access ―it (a) to cultural materials in accessible formats;
(b) to television programmes, films, theatre and other cultural activities, in accessible formats; and (c) to cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, whenever possible, to monuments and sites of national cultural importance.

(3) the Council shall take appropriate measures to enable persons with disabilities get a chance to develop and utilise the potential of creative, artistic and intellectual, not just for their own benefit, but also for the enrichment of society.

(4) persons with disabilities shall be entitled on the basis of equivalence with the attempt to get the recognition and support of specific cultural and linguistic identity of them, including Malaysian sign language and the Deaf culture.


Access to recreation, leisure and sport 32. (1) disabled persons shall have the right to participate in recreational activities, sports and on the basis of equivalence with the disabled but is subject to the existence or appearance of any condition that could endanger the safety of persons with disabilities.

(2) the Council shall take the appropriate steps ―it (a) to encourage participation, to a level as high as possible, of persons with disabilities in major sports activities at all levels;
30 laws of Malaysia ACT 685 (b) to ensure that persons with disabilities have the opportunity to organize, develop and participate in sports and recreational activities for persons with disabilities and, for this purpose, encourage procurement, on the basis of equivalence with the disabled, guidance, training and appropriate resources;

(c) to ensure that persons with disabilities have access to sporting, recreational and tourism;

(d) to ensure that children with disabilities have equal access with other children to participation in disabled games, recreational sports and relaxation, including activities in the school system; and (e) to ensure that persons with disabilities have access to services from those involved in organizing recreational activities, leisure, sports and tourism.

Chapter 2 Habilitasi and rehabilitation Habilitasi rehabilitation 33. (1) the Council, private healthcare service providers and non-governmental organisations shall take effective and appropriate measures to enable persons with disabilities to achieve and maintain maximum self-reliance, the ability of physical, mental, social and vocational full and full involvement and participation in all aspects of life.

(2) for the purposes of subsection (1), the Council, service providers

private health care and non-governmental organizations shall organize, strengthen and expand the services and persons with disabilities and rehabilitation programme 31 habilitasi comprehensive, especially in the areas of health, employment, education and social services by such means as service and the program begins at level as early as possible and based on the assessment of the various fields of individual needs and strengths.

(3) the Council, private healthcare service providers and non-governmental organizations should encourage procurement, knowledge and use of AIDS and technologies designed for people with disabilities as it relates to habilitasi and rehabilitation.

(4) Council, the private sector and non-governmental organisations shall take appropriate measures to promote and strengthen community-based rehabilitation program to provide early intervention, rehabilitation and training for people with disabilities in their own communities through active participation in the community.


Services at home, residential and other community support 34. Council, the private sector and non-governmental organisations shall take appropriate measures to encourage the provision of network services at home, residential and other community support to prevent isolation or segregation from the community of persons with disabilities.

Chapter 3 Health access to health 35. (1) disabled persons shall have the right to enjoy health on the basis of equivalence with the disabled.

(2) functions, the private sector and non-governmental organisations shall take appropriate steps to ensure that the 32 laws of Malaysia ACT 685 disabilities gain access to health services, including health-related rehabilitation, gender sensitive.


Prevention of occurrence of subsequent inability of 36. (1) the Government and private health care service provider shall provide the necessary health services to persons with disabilities, which shall include the following: (a) prevention of the occurrence of subsequent disability, immunization, nutrition, protection and preservation of the environment and genetic counseling; and (b) early detection of disability and timely intervention to prevent disability and treatment for rehabilitation.

(2) in taking measures to prevent the occurrence of further disability, the Government shall (a) conduct ―it or cause to be carried out the survey, investigation and research in connection with the reason disability; and (b) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information about the cause of the inability of and preventive measures for adoption and about hygiene, health and general sanitation.


Procurement personnel health 37. (1) any private sector and non-governmental organizations that provide care institutions for persons with disabilities shall employ speech therapists, occupational therapist and occupational therapist job, or any health personnel as deemed necessary by the Minister after taking 33 people with disabilities about the needs and capabilities of the private institutions, the frequency of service and any other relevant factors.

(2) for the purposes of subsection (1), private institutions ―it (a) registered under the care centres Act 1993 [Act 506], shall within six months from the commencement of this Act, submit to the Council the number of such personnel in its employment; or (b) applying to be registered under the care centres Act 1993 shall on and after the commencement of this Act, submit to the Council, before beginning operations, the number of such personnel in its employment.

(3) Notwithstanding subsection (1), the Minister may exempt any private sector or non-governmental organization which provides care institutions for persons with disabilities, as it may absolutely deem fit and appropriate, from taking health personnel services in the institutions and on the other hand can allow periodic visits the health personnel to the private institutions.

Chapter 4 the protection of people with severe lifelong disability Protection and social support systems 38. (1) the Government should provide lifelong protection and social support systems should include ensuring that the welfare of people with severe disability remains unaffected after the death of his father or mother or her care providers to enable people with severe disability the better quality lifestyle.

(2) any non-governmental organisation which aims to provide institutional care or are being set up for those 34 laws of Malaysia ACT 685 with severe disability or care provider for people with severe disability can apply for an incentive to provide such care to the Council in such form and manner as may be prescribed.

(3) the Council may, if it is satisfied that the application for a non-governmental organization or care provider referred to in subsection (2) should be considered, provide such incentives as a personal fit with the approval of the Minister responsible for finance.


The meaning of "a person with a severe disability" 39. For the purposes of this chapter, "a person with a severe disability" means a person who suffers from one or more incomplete depending on others for basic activities of daily living.

Chapter 5 the situation risky and emergency humanitarian aid access to 40. (1) persons with disabilities shall have the right to receive the financial assistance on the basis of equivalence and recognition of people disabled in a State of humanitarian emergency and risk, including armed conflict and disasters.

(2) the Government shall take all the necessary measures to ensure that persons with disabilities have the right to get help in a State of humanitarian emergency and risk through legal and administrative mechanisms also.





Persons with disabilities 35 part V GENERAL protection against legal action and legal proceedings 41. No action, suit, prosecution or other proceedings may be taken or brought, instituted or maintained in any court against ―it (a) Government;
(b) the Minister;
(c) the Council;
(d) any member of the Council or any member of the Committee; or (e) any other person lawfully acting on behalf of the Council, in respect of any act, neglect or default made or done by him in good faith or omission left by him in good faith on such properties.


Public authorities Protection Act 1948 42. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Government, the Council or against any member of the Council, any member of the Committee, or agent of the Council in respect of any act, neglect or default done or left by him on such properties.



36 laws of Malaysia ACT 685 power to make regulations 43. (1) the Minister may make regulations as it considers necessary and expedient to carry out the provisions of this Act.

(2) without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes: (a) to regulate the management of institutions established for persons with disabilities;

(b) to regulate the management of institutions established for people with severe disability;

(c) to process and regulates the registration of disabled persons and any matters related or incidental thereto;

(d) to prescribe any other matter required or permitted to be prescribed under this Act; and (e) to provide for such other matters as may be deemed expedient or necessary by the Minister for the purposes of this Act.


Things done in anticipation of this Act made 44. All such acts and things done on behalf of the Government or the Council in preparation for or in anticipation of the making of this Act and any expenses incurred in relation thereto shall be deemed to have been authorized under this Act, provided that such acts and things done is in accordance with the intent and purpose of this Act is General; and all rights and obligations acquired or incurred as a result of the Commission of the Act or the matter including any expenses incurred in connection therewith shall be persons with disabilities 37 on the commencement of this Act are deemed to be rights and obligations of the Government or the Council.


45. Savings and transitional (1) any person who immediately before the commencement of this Act to be registered as a person with a disability with the Department of social welfare shall, on the commencement of this Act are deemed to be disabled persons registered under this Act.

(2) any person with a disability to whom an identity card issued by the Social Welfare Department immediately before the coming into operation of this Act shall be issued

to him a Card DISABLED PERSONS under this Act.

(3) all express relating to registration of persons with disabilities that are stored and maintained by the Social Welfare Department immediately before the coming into operation of this Act shall, on the commencement of this Act, be deemed to be the kept and maintained under this Act and shall be deemed to be part of the register of disabled persons.


Prevention of anomalies 46. (1) the Minister may, by order, make such modifications in the provisions of this act as it considers necessary or expedient for the purpose of removing any inconvenience caused by the commencement of this Act only in respect of the implementation of its functions and the exercise of power by the Council.

(2) the Minister may not exercise the powers conferred by this section after the expiration of two years from date of coming into operation of this Act.

38 the laws of Malaysia ACT 685 (3) in this section, "modifications" means the amendment, addition, deletion and replacement of any of the provisions of this Act.



_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 39 laws of MALAYSIA Act 685 of DISABLED PERSONS ACT 2008 LIST AMENDMENT law short title force amend from – no – _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 40 laws of MALAYSIA Act 685 of DISABLED PERSONS ACT 2008 LIST SECTION AMENDED Section Power amend with effect from – no – _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _