アジア･ディスアビリティ･インスティテート 中西由起子
待たれていた障害者基本法が2008年初めに制定されました。2003年のマレーシアからの報告では
勧告･諮問評議会（Advisory and Consultative Council）の下で、法律に関する専門家分科会(Technical Working Group on Legislation）が設立され、障害者法2002の草案が作成された。法案は評議会に送られ、議会での審議のために関連機関やNGOで討議されることになっている。「註1｝
ペナンの場合には、2007年11月の末にも障害者リーダーを初めとする障害児の親たちが集まり、障害者法についての話し合いがあったという。｛註２｝
法の全文は以下のとおりである。
PERSONS WITH DISABILITIES ACT 2007
PART
I
PRELIMINARY
Clause
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
17. Follow up
18. Funds
19. Annual reports
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T
III
APPOINTMENT OF REGISTRAR GENERAL, ETC., AND
REGISTRATION OF PERSONS WITH DISABILITIES
Clause
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 I
Accessibility
26. Access to public facilities, amenities and 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
Chapter 3
Health
35. Access to health
Persons with Disabilities
Persons with Disabilities
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 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
ACT4
A ACT
A ACT
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.
[]
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
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PART
I
PRELIMINARY
Short title and commencement
1. (1) This Act may be cited as the Persons with Disabilities
Act
2007.
(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;
Persons with Disabilities
Persons with Disabilities
“Government” means the Federal Government;
“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;
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“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;
“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
Persons with Disabilities
)
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;
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ACT
(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.
(4) If the Chairman is unable for any reason to preside any
meeting of the Council, the meeting shall be presided by the
Deputy Chairman.
Persons with Disabilities
Persons with Disabilities
The Council may invite any person to attend any meeting
or deliberation of the Council 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
deliberative vote and shall, in the event of an equality of votes,
have a casting vote.
(7) Any person invited under subsection (5) may be paid such
allowance as the Minister may determine.
(8) Subject to the provisions of this Act, the Council may make
regulations for regulating its meetings and proceedings.
Secretary to the Council
8. The Director General of Social Welfare shall be the Secretary
to the Council.
Functions of the Council
9. (1) The functions of the Council shall be 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 persons with disabilities including matters relating to
the support, care, protection, rehabilitation, development
and wellbeing of persons with disabilities;
(c)
to co-ordinate and monitor the implementation of the
national policy and national plan of action relating
to persons with disabilities with relevant ministries,
government agencies, bodies or organizations and the
private sector;
(d)
to monitor and evaluate the impact of policies, programmes
and activities designed to achieve full and effective
participation of persons with disabilities and in doing so
may enter into such arrangement with relevant ministries,
government agencies, bodies or organizations and the
private sector as it deems necessary;
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(e)
to review the activities of all ministries, government
agencies, bodies or organizations and the private sector
that 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 as well as to propose new law in order to secure
full and effective participation in society of persons with
disabilities, including to facilitate accessibility;
(g)
to develop programmes and strategies aiming at educating
the society and to raise awareness throughout society,
including at the family level, regarding persons with
disabilities including their capabilities and contributions
in order to promote positive perception and greater social
awareness and to foster respect for the rights and dignity
towards persons with disabilities;
(h)
to adopt effective and appropriate measures to promote
recognition of the skills, merits and abilities of persons
with disabilities, and of their contributions to the workplace
and the labour market;
(i)
to foster at all levels of the education system, including
in all children from an early age, an attitude of respect
for the rights of persons with disabilities;
(j)
to advise the Government on the issues of disabilities
including developments at the international level;
(k)
to collect and collate data and information, and undertake and
promote research relating to persons with disabilities;
(l)
to promote the development of initial and continuing
training for professionals and staff working in habilitation
and rehabilitation services;
(m)
to promote employment opportunities and career advancement
for persons with disabilities in the labour market, as
well as assistance in finding or obtaining employment
on equal basis with persons without disabilities; and
(n)
to perform any other functions as directed by the Minister
for the proper implementation of this Act.
Persons with Disabilities
Persons with Disabilities
The Council shall have all such powers as may be necessary
for, or in connection with, or incidental to, the performance
of
its functions under this Act.
Council to be assisted by the Department
10. The Council shall be assisted by the Department in the
performance of its functions and the exercise of its powers under
this Act.
Establishment of committees
11. (1) The Council may establish such committees as it deems
necessary or expedient to assist it in the performance of its
functions and the exercise of its powers under this Act.
(2) A committee established under subsection (1).
(a)
shall be chaired by any member of the Council specified
under paragraphs 3(2)(b) to (i);
(b)
shall conform to and act in accordance with any direction
given to it by the Council; and
(c)
may determine its own procedure.
(3) Members of the committees established under subsection
(1) may be appointed from amongst members of the Council or
such other persons as the Council thinks fit.
(4) Except for members of the committee appointed from
amongst members of the Council, any other persons appointed
as members of the committees may be paid such allowance as
the Minister may determine.
(5) A member of a committee shall hold office for such a term
as may be specified in his letter of appointment and is eligible
for reappointment.
(6) The Council may revoke the appointment of any member of
a committee without assigning any reason for the revocation.
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ACT
(7) A member of a 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 alter the
constitution of a committee.
(9) A committee shall hold its meetings at such times and
places as the chairman of the committee may determine.
(10) A committee may invite any person to attend any meeting
of the committee for the purpose 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 the Minister may determine.
Delegation of functions and powers
12. (1) The Council may, subject to such conditions, limitations
or
restrictions as it deems fit to impose, delegate any of its functions
and powers, except the power to make regulations under section
43, to.
(a)
the 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 with such functions
and powers shall conform and have regard to all conditions
and restrictions imposed by the Council and all requirements,
procedures and matters specified by the Council.
(3) Any function or power delegated under this section shall
be performed and exercised in the name and on behalf of the
Council.
(4) The delegation under this section shall not preclude the
Council itself from performing or exercising at any time any of
the delegated functions and powers.
Persons with Disabilities
Persons with Disabilities
13. (1) In performing its functions under this Act, it shall
be the
responsibility of the Council to recommend to the Government
changes required to be made to any law or to propose the
provision of new law in order to secure full and effective
participation in society of persons with disabilities, including
to
facilitate accessibility or any other matter as it deems necessary
or expedient.
(2) For the purposes of making any recommendation under
subsection (1), the Council.
(a)
shall consult the relevant ministries, government agencies,
bodies or organizations; or
(b)
may consult the private sector or any non-governmental
organization as it deems necessary or expedient to do
so.
(3) In formulating its recommendation or proposal under subsection
(1), the Council shall have regard to such policies, information
and other considerations received during the consultation pursuant
to subsection (2) that appear to it to be relevant.
Responsibility of the Government
14. The responsibility and obligation to be discharged by the
Government under this Act shall be in furtherance of its policy
relating
to persons with disabilities and shall be so discharged.
(a)
by taking into consideration the available financial and
human resources and such other factors as may be
relevant; and
(b)
in compliance with the provisions of the Federal Constitution
and other written laws as may be relevant.
Responsibility of relevant ministries, etc.
15. It shall be the responsibility and obligation of every
relevant
ministries, government agencies or bodies or organizations.
(a)
to co-operate with and assist the Council in the performance
by the Council of its functions under this Act;
16
ACT
(b)
to give due consideration to the national policy and
national plan of action of the Government relating to
persons with disabilities; and
(c)
to undertake steps, measures or actions required to be
taken by it in such form or manner as may be provided
for under any other written law or otherwise relating to
persons with disabilities.
Responsibility of the private sector and non-governmental
organization
16. It shall be the responsibility and obligation of the private
sector and non-governmental organization.
(a)
to co-operate with and assist the Council in the performance
by the Council of its functions under this Act;
(b)
to give due consideration to the national policy and
national plan of action of the Government relating to
persons with disabilities; and
(c)
to undertake steps, measures or actions required to be
taken by it in such form or manner as may be provided
for under any other written law or otherwise relating to
pesons with disabilities.
Follow up
17. (1) The Council may require the relevant ministries, government
agencies or bodies or organizations to submit reports to the Council
on steps, measures and actions required to be undertaken by them
in complying with the provisions of this Act at such intervals
as
the Council may specify.
(2) It shall be the duty of the relevant ministries, government
agencies or bodies or organizations referred to in subsection
(1)
to submit full reports regarding the progress of steps, measures
or actions undertaken by them and such report shall be given
until the conclusion thereof.
(3) The Council may require the relevant ministries, government
agencies or bodies or organizations to provide explanation if
the
Council is of the opinion that the progress of steps, measures
or
actions is inadequate or unsatisfactory.
Persons with Disabilities
Persons with Disabilities
18. The Government shall allocate the Council with adequate
funds annually to enable the Council to perform its functions
under this Act.
Annual reports
19. The Council shall furnish to the Minister, and such public
authority as may be directed by the Minister an annual report
of
all its activities during the year to which the report relates.
PART
III
APPOINTMENT OF REGISTRAR GENERAL, ETC., AND
REGISTRATION OF PERSONS WITH DISABILITIES
Appointment and duties of Registrar General and Registrar
20. (1) The Minister shall for the purposes of this Act
appoint.
(a)
a Social Welfare Officer in charge of the Department as
Registrar General;
(b)
a Social Welfare Officer from the Department as Deputy
Registrar General;
(c)
a Social Welfare Officer from the Department as a Registrar
for each State and Federal Territory; and
(d)
such number of Assistant Registrars for any district or
area as the Minister may determine.
(2) The Registrar General shall be under the general direction
and supervision of the Director General of Social Welfare and
the
Registrar General shall exercise general control and supervision
over all matters relating to the registration of persons with
disabilities under this Act.
(3) The Deputy Registrar General, Registrar and Assistant
Registrars shall be under the general direction and supervision
of the Registrar General.
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The Registrar General shall have the powers and exercise
the functions conferred on him by this Act, and in his absence,
such powers and functions may be had or exercised by the Deputy
Registrar General.
(5) Subject to the direction, control and supervision of the
Registrar General, the Deputy Registrar General or Registrar may
exercise all the powers and functions conferred on 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 his powers and the performance of his functions in
the area of which he is appointed.
(7) Appointment of the Registrar General, Deputy Registrar
General, 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 a Register
of
Persons with Disabilities.
(2) The Minister may make regulations for the keeping and
maintenance of Register of Persons with Disabilities and such
regulations may include provisions to authorize the Registrar
or
Assistant Registrar to update the Register by making changes to
the particulars of the persons with disabilities or to delete
the
names of persons with disabilities who have died or ceased to
be persons with disabilities.
Application for registration
22. (1) Application for registration as persons with disabilities
shall be made to the Council.
(2) The Minister may make regulations for the registration of
persons with disabilities and for all matters incidental thereto.
Persons with Disabilities
Persons with Disabilities
Without prejudice to the generality of subsection (2), the
regulations may.
(a)
prescribe the procedure to be followed in making an
application for registration;
(b)
prescribe who may be registered as persons with
disabilities and who ceases to be registered as persons
with disabilities; and
(c)
prescribe the manner of issuance and cancellation of Kad
OKU.
Power of Registrar to call for additional document or
information
23. (1) The Registrar may, in relation to any application made
under section 22, call for such additional document or information
to be supplied by the applicant within the period to be specified
by the Registrar.
(2) Where a person making an application fails to supply
the additional document or information called for within the
specified period or such other period as may be extended by
the Registrar, the application is deemed to have been withdrawn
without prejudice, however to a fresh application being made.
Registration and refusal to register
24. (1) After considering an application under section 22 and
any
additional document or information supplied pursuant to section
23, if any, the Registrar shall.
(a)
register a person to be a person with disability if he
is satisfied that the person who is the subject of the
application is a person with disability; or
(b)
refuse to register a person as a person with disability
if he is satisfied that the person is not a person with
disability.
(2) A 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.
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25. (1) The Registrar shall issue a person who is registered
as
a person with disability a Kad OKU.
(2) A Kad OKU issued under subsection (1) shall, unless
proved to have been cancelled, be conclusive evidence for all
purposes that the person has been duly registered as a person
with disability under this Act.
(3) The Kad OKU shall be surrendered to the Registrar when
a person ceases to be a person with disability.
PART
IV
PROMOTION AND DEVELOPMENT OF THE QUALITY OF
LIFE AND WELLBEING OF PERSONS WITH DISABILITIES
Chapter I
Accessibility
Access to public facilities, amenities and services and
buildings
26. (1) Persons with disabilities shall have the right to access
to and use of, public facilities, amenities, services and buildings
open or provided to the public on equal basis with persons
without disabilities, but subject to the existence or emergence
of such situations that may endanger the safety of persons with
disabilities.
(2) For the purposes of subsection (1), the Government and
the providers of such public facilities, amenities, services and
buildings shall give appropriate consideration and take necessary
measures to ensure that such public facilities, amenities, services
and buildings and the improvement of the equipment related
thereto conform to universal design in order to facilitate their
access and use by persons with disabilities.
Access to public transport facilities
27. (1) Persons with disabilities shall have the right to access
to
and use of public transport facilities, amenities and services
open
Persons with Disabilities
Persons with Disabilities
(2) For the purposes of subsection (1), the Government and
the providers of such public transport facilities, amenities and
services shall give appropriate consideration and take necessary
measures to ensure that such facilities, amenities and services
conform to universal design in order to facilitate their access
and
use by persons with disabilities.
Access to education
28. (1) Persons with disabilities shall not be excluded from
the
general education system on the basis of disabilities, and children
with disabilities shall not be excluded from pre-school, primary,
secondary and higher education, on equal basis with persons or
children without disabilities, including vocational training and
lifelong learning.
(2) The Government and private educational providers shall, in
order to enable persons and children with disabilities to pursue
education, provide reasonable accommodation suitable with the
requirements of persons and children with disabilities in terms
of,
among others, infrastructure, equipment and teaching materials,
teaching methods, curricula and other forms of support that meet
the diverse needs of persons or children with disabilities.
(3) The Government and private educational providers shall take
appropriate steps and measures to enable persons and children
with disabilities to learn life and social development skills
in
order to facilitate their full and equal participation in education
including the following:
(a)
to facilitate the learning of Braille, alternative script,
augmentative and alternative modes, means and formats
of communication and orientation and mobility skills,
and facilitating peer support and mentoring;
(b)
to facilitate the learning of Malaysia Sign Language and
the promotion of the linguistics identity of the deaf
community; and
(c)
to ensure that the education of persons, and in particular
children, who are blind, deaf or deaf-blind is delivered in
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Access to employment
29. (1) Persons with disabilities shall have the right to access
to employment on equal basis with persons without disabilities.
(2) The employer shall protect the rights of persons with
disabilities, on equal basis with persons without disabilities,
to just
and favourable conditions of work, including equal opportunities
and equal remuneration for work of equal value, safe and healthy
working conditions, protection from harassment and the redress
of grievances.
(3) The employer shall in performing their social obligation
endeavour to promote stable employment for persons with disabilities
by properly evaluating their abilities, providing suitable places
of
employment and conducting proper employment management.
(4) The Council shall, in order to promote employment of persons
with disabilities in the private sector, formulate appropriate
policies
and measures which may include affirmative action programmes
and other measures.
(5) The Council shall promote opportunities for training for persons
with disabilities in the labour market as well as opportunities
for
self employment, entrepreneurship, the development of cooperatives,
starting one’s own business and creating opportunities to work
from home.
(6) For the purposes of this section, “employer” includes the
Government.
Access to information, communication and technology
30. (1) Persons with disabilities shall have the right to access
to
information, communication and technology on equal basis with
persons without disabilities.
Persons with Disabilities
Persons with Disabilities
The Government and the provider of information,
communication and technology shall in order to enable persons
with disabilities to have such access, provide the information,
communication and technology in accessible formats and technologies
appropriate to different kind of disabilities in a timely manner
and without additional cost.
(3) The Government and the private sector shall accept and
facilitate the use of Malaysia Sign Language, Braille, augmentative
and alternative communication, and all other accessible means,
modes and formats of communication of their choice by persons
with disabilities in official transactions.
Access to cultural life
31. (1) Persons with disabilities shall have the right to access
to
cultural life on an equal basis with persons without disabilities.
(2) Persons with disabilities shall have the right to enjoy
access.
(a)
to cultural materials in accessible formats;
(b)
to television programmes, films, theatre and other cultural
activities, in accessible formats; and
(c)
to places for cultural performances or services such
as theatres, museums, cinemas, libraries and tourism
services, and, as far as possible, to monuments and sites
of national cultural importance.
(3) The Council shall take appropriate measures to enable
persons with disabilities to have the opportunities to develop
and
utilize their creative, artistic and intellectual potential, not
only
for their own benefit, but also for the enrichment of society.
(4) Persons with disabilities shall be entitled on equal basis
with persons without disabilities to recognition and support of
their specific cultural and linguistic identity, including Malaysia
Sign Language and deaf culture.
24
ACT
Access to recreation, leisure and sport
32. (1) Persons with disabilities shall have the right to participate
in recreational, leisure and sporting activities on an equal basis
with persons without disabilities but subject to the existence
or
emergence of such situations that may endanger the safety of
persons with disabilities.
(2) The Council shall take appropriate measures.
(a)
to encourage and promote the participation, to the fullest
extent possible, of persons with disabilities in mainstream
sporting activities at all levels;
(b)
to ensure that persons with disabilities have an opportunity
to organise, develop and participate in disability specific
sporting and recreational activities and, to this end,
encourage the provision, on an equal basis with persons
without disabilities, of appropriate instruction, training
and resources;
(c)
to ensure that persons with disabilities have access to
sporting, recreational and tourism venues;
(d)
to ensure that children with disabilities have equal access
with other children without disabilities to participation
in play, recreation and leisure and sporting activities,
including those activities in the school system; and
(e)
to ensure that persons with disabilities have access to
services from those involved in the organization of
recreational, leisure, sporting activities and tourism.
Chapter 2
Habilitation and rehabilitation
Habilitation and rehabilitation
33. (1) The Council, the private healthcare service provider
and non-governmental organization shall take effective and
appropriate measures to enable persons with disabilities to attain
and maintain maximum independence, full physical, mental, social
and vocational ability and full inclusion and participation in
all
aspects of life.
Persons with Disabilities
Persons with Disabilities
For the purposes of subsection (1), the Council, the private
healthcare service provider and non-governmental organization
shall organize, strengthen and extend comprehensive habilitation
and rehabilitation services and programmes, particularly in the
areas of health, employment, education and social services, in
such
a way that these services and programmes begin at the earliest
possible stage and are based on the multidisciplinary assessment
of individual needs and strengths.
(3) The Council, the private healthcare service provider and
non-governmental organization shall promote the availability,
knowledge, and use of assistive devices and technologies designed
for persons with disabilities as they relate to habilitation and
rehabilitation.
(4) The Council, the private sector and non-governmental
organization shall take appropriate measures to promote and
strengthen community-based rehabilitation programme to provide
early intervention, rehabilitation and training for persons with
disabilities in their own community through active community
participation.
In-home, residential and other community support services
34. The Council, the private sector and non-governmental
organization shall take appropriate measures to encourage and
promote the provision of a range of in-home, residential and other
community support services to prevent isolation or segregation
of persons with disabilities from the community.
Chapter 3
Health
Access to health
35. (1) Persons with disabilities shall have the right to the
enjoyment of health on an equal basis with persons without
disabilities.
(2) The Council, the private sector and non-governmental
organization shall take appropriate measures to ensure persons
with disabilities have access to health services, including health
related rehabilitation, that are gender sensitive.
26
ACT
Prevention of further occurrence of disabilities
36. (1) The Government and the private healthcare service
provider shall make available essential health services to persons
with disabilities which shall include the following:
(a)
prevention of further occurrence of disabilities, immunization,
nutrition, environmental protection and preservation and
genetic counselling; and
(b)
early detection of disabilities and timely intervention to
arrest disabilities and treatment for rehabilitation.
(2) In taking measures to prevent further occurrence of disabilities,
the Government shall.
(a)
undertake or cause to be undertaken surveys, investigations
and research concerning the cause of occurrence of such
disabilities; and
(b)
sponsor or cause to be sponsored awareness campaigns and
disseminate or cause to be disseminated information on
causes of disabilities and the preventive measures to be
adopted and on general hygiene, health and sanitation.
Availability of health personnel
37. (1) Any private sector and non-governmental organization
providing institutional care for persons with disabilities shall
have in its employment speech therapist, physiotherapist and
occupational therapist, or such health personnel as the Minister
may deem necessary after taking into account the requirements
and capabilities of such private institution, frequency of services
and such other factors as may be relevant.
(2) For the purposes of subsection (1), such private
institution.
(a)
registered under the Care Centres Act 1993 [Act 506],
shall within six months of the coming into operation
of this Act submit to the Council the number of such
personnel in their employment; or
(b)
applying to be registered under the Care Centres Act 1993
shall on and after the coming into operation of this Act,
Persons with Disabilities
Persons with Disabilities
(3) Notwithstanding subsection (1), the Minister may exempt
any private sector or non-governmental organization providing
institutional care for persons with disabilities, as he deems
fit
and necessary, from having in-house health personnel in their
employment and instead may allow periodic visit of such health
personnel to such private institution.
Chapter 4
Protection of persons with severe disabilities
Lifelong protection and social support system
38. (1) The Government shall provide the necessary lifelong
protection and social support system including ensuring that the
welfare of persons with severe disabilities remain unaffected
after
the death of their parents or their caregivers in order to enable
the persons with severe disabilities to lead a better quality
of
life.
(2) Any non-governmental organization intending to provide or
providing institutional care for persons with severe disabilities
or the caregivers for persons with severe disabilities may make
an application for an incentive for providing 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 of
the non-governmental organization or caregivers referred to in
subsection (2) should be considered, grant such incentive as it
deems appropriate with the approval of the Minister responsible
for finance.
Meaning of “persons with severe disabilities”
39. For the purposes of this Chapter, “persons with severe
disabilities” means a person suffering from one or more disabilities
who is dependent on others for basic daily living activities.
28
ACT
Chapter 5
Situations of risk and humanitarian emergencies
Access to assistance
40. (1) Persons with disabilities shall have the right to have
assistance on equal basis and recognition with persons without
disabilities in situations of risk and humanitarian emergencies,
including armed conflict and the occurrence of natural disaster.
(2) The Government shall take all necessary measures to
ensure persons with disabilities to have the right of assistance
in
situations of risk and humanitarian emergencies by way of legal
as well as administrative mechanism.
PART V
GENERAL
Protection against suit and legal proceedings
41. No action, suit, prosecution or other proceedings shall
lie or
be brought, instituted or maintained in any court against.
(a)
the Government;
(b)
the Minister;
(c)
the Council;
(d)
any member of the Council or any member of a committee;
or
(e)
any other person lawfully acting on behalf of the
Council,
in respect of any act, neglect or default done or committed by
him or it in good faith or any omission omitted by him or it in
good faith in such capacity.
Public Authorities Protection Act 1948
42. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against
Persons with Disabilities
Persons with Disabilities
Power to make regulations
43. (1) The Minister may make regulations as appear to him
to
be 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
persons with severe disabilities;
(c)
to process and regulate the registration of persons with
disabilities and such matter relating or incidental
thereto;
(d)
to prescribe any other matter required or permitted to be
prescribed under this Act; and
(e)
to provide for any other matter which the Minister deems
expedient or necessary for the purposes of this Act.
Things done in anticipation of the enactment of this Act
44. All acts and things done on behalf of the Government or
the Council in preparation for or in anticipation of the enactment
of this Act and any expenditure incurred in relation thereto shall
be deemed to have been authorized under this Act, provided that
the acts and things done are consistent with the general intention
and purposes of this Act; and all rights and obligations acquired
or incurred as a result of the doing of those acts or things
including any expenditure incurred in relation thereto shall on
the coming into operation of this Act be deemed to be the rights
and obligations of the Government or the Council.
30 ACT
30 ACT
45. (1) Any person who immediately before the coming into
operation of this Act is registered as a person with disability
with the Department of Social Welfare shall, on the coming into
operation of this Act, be deemed to be a person with disability
registered under this Act.
(2) Any person with disability to whom an identification card
has been issued by the Department of Social Welfare immediately
before the coming into operation of this Act shall be issued a
Kad OKU under this Act.
(3) All registers relating to registration of persons with
disabilities kept and maintained by the Department of Social
Welfare immediately before the coming into operation of this Act
shall, on the coming into operation of this Act, be deemed to
be
registers kept and maintained under this Act and shall be deemed
to form part of the Register of Persons with Disabilities.
Prevention of anomalies
46. (1) The Minister may, by order, make such modifications
in
the provisions of this Act as may appear to him to be necessary
or
expedient for the purpose of removing any difficulty occasioned
by the coming into operation of this Act only as regard to the
performance of the functions and the exercise of the powers by
the Council.
(2) The Minister shall not exercise the powers conferred by
this section after the expiration of two years from the date of
coming into operation of this Act.
(3) In this section, “modifications” means amendments, additions,
deletions and substitutions of any provision of this Act.
EXPLANATORY STATEMENT
This ACT seeks to provide for the registration, protection,
rehabilitation,
development and wellbeing of persons with disabilities, and the
creation of the
National Council for Persons with Disabilities which will be charged
with the
Persons with Disabilities
Persons with Disabilities
PART
I
2.
Part I of the ACT contains preliminary matters.
3. Clause 1 contains the short title and the power of the Minister
to appoint
different commencement for different provisions of this proposed
Act.
4. Clause 2 defines certain words and expressions used in the
proposed Act.
Some of the salient definitions are as follows:
(a)
the definition of “persons with disabilities” which is the central
thread
of the Act; and
(b)
the definitions of “reasonable accommodation” and “universal design”
which are very pertinent in the area of accessibility.
PART
II
5. Part II contains provisions relating to National Council
for Persons with
Disabilities.
6. Clause 3 provides for the creation of the National Council
for Persons
with Disabilities.
7. Clauses 4, 5 and 6 deal with the alternate members of certain
members
of the Council, revocation of appointment of members of Council
in the
circumstances enumerated and their resignation.
8. Clause 7 provides for the meetings of the Council, which includes
the
frequency of the meeting, quorum, chairmanship, attendance on
invitation,
voting rights and power to make regulations.
9. Clause 8 names the Director General of Social Welfare as the
Secretary
of the Council.
10. Clause 9 relates to the functions of the Council, among others
being.
(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 persons
with disabilities including matters relating to the support, care,
protection, rehabilitation, development and wellbeing of persons
with disabilities;
32
ACT
(c)
to co-ordinate and monitor the implementation of the national
policy
and national plan of action relating to persons with disabilities
with
relevant ministries;
(d)
to adopt effective and appropriate measures to promote recognition
of the skills, merits and abilities of persons with disabilities,
and of
their contributions to the workplace and the labour market; and
(e)
to promote employment opportunities and career advancement for
persons with disabilities in the labour market, as well as assistance
in finding or obtaining employment on equal basis with persons
without disabilities.
11. Clause 10 provides that the Council shall be assisted by the
Department
for the Development of Persons with Disabilities in the performance
of its
functions and the exercise of its power under this Act.
12. Clause 11 provides for the establishment of committees to
assist the
Council. Members of the committees may be appointed from amongst
members
of the Council or such other persons as the Council thinks fit.
13. Clause 12 relates to the delegation of the Council’s functions
and
powers.
14. Clause 13 imposes a duty on the Council to recommend changes
to the
existing law of the country or to propose new law particularly
on matters
relating to accessibility. The responsibility and obligation imposed
on competent
persons or bodies through legal mechanism would secure effective
compliance
with various standards set in order to achieve the desired goal
in promoting
the wellbeing of the disabled.
15. Clause 14 specifically states that in discharging its responsibilities
and
obligations, the Government shall take into account the financial
and human
resources available and the provisions of the Federal Constitution
and other
written laws.
16. Clauses 15 and 16 emphasize the responsibility of the relevant
ministries,
government agencies, etc., the private sector and non-governmental
organization
in ensuring that there would be full and effective participation
and inclusion
of persons with disabilities in the society.
17. Clause 17 requires the relevant ministries, government agencies
or
bodies or organizations to submit report to the Council on steps,
measures and
actions required to be undertaken by them in complying with the
provisions
of this Act and to provide explanation to the Council if the Council
is of the
opinion that the progress of the steps, measures and actions is
inadequate or
unsatisfactory.
18. Clause 18 imposes a duty on the Government to allocate the
Council
with adequate funds annually to enable the Council to perform
its functions
under this Act.
Persons with Disabilities
Persons with Disabilities
Clause 19 requires the Council to submit an annual report of all
its
activities during the year to which the report relates to the
Minister or any
public authority.
PART
III
20. Part III contains provisions on the Registrar General for
Persons with
Disabilities, Deputy Registrar General, Registrar and Assistant
Registrars and
registration of persons with disabilities.
21. Clause 20 provides for the appointment and duties of Registrar
General
and Registrar.
22. Clause 21 relates to the keeping and maintenance of Register
of Persons
with Disabilities.
23. Clause 22 deals with application for registration as persons
with disabilities.
It also empowers the Minister to make regulations in respect thereof.
24. Clause 23 allows the Registrar to call for additional document
or
information while clause 24 confers the Registrar the power to
register or
refuse an application.
25. Clause 25 relates to the issuance of Kad OKU to persons with
disabilities.
PART
IV
26. Part IV contains five chapters that deal with the promotion
and development
of the quality of life and wellbeing of persons with disabilities.
Chapter 1
deals with matters relating to rights to accessibility, Chapter
2 on habilitation
and rehabilitation, Chapter 3 relates to health, Chapter 4 on
protection of
persons with severe disabilities and Chapter 5 deals with assistance
rendered
in situations of risk and humanitarian emergencies.
27. Clause 26 seeks to provide persons with disabilities the right
to access
to and use of, public facilities, amenities, services and buildings
open or
provided to the public, on equal basis with persons without disabilities.
28. Clause 27 deals with the right of persons with disabilities
to access to
and use of, public transport facilities, amenities and services
open or provided
to the public, also on equal basis with persons without disabilities.
29. Clause 28 provides for inclusion of persons and children with
disabilities
in the general education system and places a duty on the educational
provider
to provide reasonable accommodation suitable with the requirements
of persons
and children with disabilities.
30. Clause 29 relates to the right of access to employment. Under
this clause,
the employer is to ensure that persons with disabilities are accorded
just and
34 ACT
34 ACT
31. Clause 30 confers persons with disabilities with the right
of access to
information, communication and technology on equal basis with
persons without
disabilities and places duty on the Government and the provider
of information,
communication and technology to provide the information, communication
and
technology in accessible formats and technologies appropriate
to different kind
of disabilities.
32. Clause 31 confers persons with disabilities with the right
of access to
cultural life on equal basis with persons without disabilities.
The Council is
to create opportunities for persons with disabilities to develop
and utilize their
creative, artistic and intellectual potential.
33. Clause 32 ensures persons with disabilities the right to participate
in
recreational, leisure and sporting activities subject however,
to the existence
or emergence of such situations that may endanger their safety.
34. Clause 33 requires the Council, the private healthcare service
provider and
non-governmental organization to take effective and appropriate
measures to
enable persons with disabilities to attain and maintain maximum
independence,
full physical, mental, social and vocational ability and full
inclusion and
participation in all aspects of life, to promote and strengthen
community-based
rehabilitation programme and to promote the availability, knowledge
and use
of assistive devices and technologies designed for persons with
disabilities.
35. Clause 34 requires the Council, the private sector and non-governmental
organization to promote the provision of in-home, residential
and other
community support services so as to prevent persons with disabilities
from
being isolated or segregated from the community.
36. Clause 35 confers persons with disabilities the right to the
enjoyment
of health and ensures them access to health services.
37. Clause 36 requires the Government, the private healthcare
service provider
and non-governmental organization to make available essential
health services
to persons with disabilities.
38. Clause 37 places a duty on the private sector and non-governmental
organization providing institutional care for persons with disabilities
to have in
its employment speech therapist, physiotherapist and occupational
therapist as
the Minister deems necessary. The Minister is however empowered
to exempt
such provider from the requirement of this section.
39. Clause 38 requires the Government to provide the necessary
lifelong
protection and social support system for persons with severe disabilities.
Incentives may be given to any non-governmental organization providing
such institutional care and to caregivers for persons with severe
disabilities,
on application.
40. Clause 39 defines the term “persons with severe disabilities”.
Persons with Disabilities
Persons with Disabilities
Clause 40 ensures persons with disabilities full assistance and
recognition
in situations of risk and humanitarian emergencies.
PART V
42. Part V contains general provisions.
43. Clause 41 confers protection to the Government, Minister,
the Council
and its members and other persons lawfully acting on behalf of
the Council
from actions, suit or prosecution if the acts were done in good
faith.
44. Clause 42 provides for the application of the Public Authorities
Protection
Act 1948 to the Government, Council or its members, any member
of a
committee and agents of the Council.
45. Clause 43 deals with the power of the Minister to make regulations.
46. Clause 44 provides for things done in anticipation of the
enactment of
the proposed Act.
47. Clause 45 provides for savings and transitional provisions.
48. Clause 46 empowers the Minister to make such amendments, additions,
deletions or substitutions to the provisions of the proposed Act
to remove any
difficulty that may arise.
FINANCIAL IMPLICATIONS
This ACT will involve the Government in extra financial expenditure
the amount
of which cannot at present be ascertained.
[PN(U2)2617]
註
１ Md. Rashid bin Ismail (2003) Country paper presented at Expert Group Meeting and Seminar on an International Convention to Protect a nd Promote the Rights and Dignity of Persons with Disabilities organized by ESCAP atBangkok, Thailand, 2-4 June 2003
２ 田中絹代 （2008） 「子育て日記(特別編）」、Dari Kuchcing12号、2008年1月