Person Disabilities 2008

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PERSONDISABILIT

200SYAZWANABINT

SITINURRZAKIAHBINTIM

SYAHIRABINTIAZI

BRINTHAVATHIA/PSUBR

-PISMP


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LAWS OF MALAYSIA ACT 68PERSON WITH DISABILITY

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NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

A BODY TO BE KNOWN AS NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES SHALL BE EFOR THE PURPOSE OF THIS ACT9

THE BODY SHOULD COMPRISE OF COMMITTEE MEMBERS9

THE MEMBERS OF THE COUNCIL APPOINTED UNDER SUBSECTION MAY BE PAID SUCH ALLOWMINISTER MAY DETERMINE9

REVOCATION OF A OINTMENT

THE MINISTER SHALL REVOKE THE APPOINTMENT OF A MEMBER OF THE COUNCIL APPOINTED

IF HIS CONDUCT WHETHER IN CONNECTION WITH HIS DUTIES AS A MEMBER OF THE COUNCOTHERWISE HAS BEEN SUCH AS TO BRIN> DISCREDIT ON THE COUNCIL

IF THERE HAS BEEN PROVED A>AINST HIM OR HE HAS BEEN CONVICTED ON


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IF HE BECOMES A BANKRUPT

IF HE BECOMES OF UNSOUND MIND OR IS OTHERWISE INCAPABLE OF DISCHAR>IN> HIS DUTIES9

CESSATION OF MEMBERSHI

IF HE IS ABSENT FROM THREE CONSECUTIVE MEETIN>S OF THE COUNCIL WITHOUT LEAVE OF THE C

IF HIS APPOINTMENT IS REVOKED

IF HE DIES

IF HE RESI>NS


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FUNCTIONS OF THE COUNCIL

# TO OVERSEE THE IMPLEMENTATION OF THE NATIONAL POLICY AND NATIONAL PLAN OF ACTION REWITH DISABILITIES

B TO MAKE RECOMMENDATIONS TO THE >OVERNMENT ON ALL ASPECTS OF PERSONS WITH DISABIL

C TO CO-ORDINATE AND MONITOR THE IMPLEMENTATION OF THE NATIONAL POLICY AND NATIONAL P

RELATIN> TO PERSONS WITH DISABILITIES

D TO MONITOR AND EVALUATE THE IMPACT OF POLICIES PRO>RAMMES AND ACTIVITIES DESI>NEDEFFECTIVE PARTICIPATION OF PERSONS WITH DISABILITIES AND IN DOIN> SO MAY ENTER INTO SUCH

RELEVANT MINISTRIES >OVERNMENT A>ENCIES BODIES OR OR>ANIZATIONS AND THE PRIVATE SECT

NECESSARY


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E TO REVIEW THE ACTIVITIES OF ALL MINISTRIES >OVERNMENT A>ENCIES BODIES OR ORAND THE PRIVATE SECTOR THAT ARE INVOLVED IN THE IMPLEMENTATION OF THE NATIONAL

NATIONAL PLAN OF ACTION RELATIN> TO PERSONS WITH DISABILITIES

F TO RECOMMEND TO THE >OVERNMENT CHAN>ES TO THE E?ISTIN> LAW AS WELL AS TO LAW IN ORDER TO SECURE FULL AND EFFECTIVE PARTICIPATION IN SOCIETY OF PERSONS W

DISABILITIES INCLUDIN> TO FACILITATE ACCESSIBILITY

> TO DEVELOP PRO>RAMMES AND STRATE>IES AIMIN> AT EDUCATIN> THE SOCIETY ANDAWARENESS THROU>HOUT SOCIETY INCLUDIN> AT THE FAMILY LEVEL RE>ARDIN> PERSON

DISABILITIES INCLUDIN> THEIR CAPABILITIES AND CONTRIBUTIONS IN ORDER TO PROMOT

PERCEPTION AND >REATER SOCIAL AWARENESS AND TO FOSTER RESPECT FOR THE RI>HTSTOWARDS PERSONS WITH DISABILITIES

H TO ADOPT EFFECTIVE AND APPROPRIATE MEASURES TO PROMOTE RECO>NITION OF THEMERITS AND ABILITIES OF PERSONS WITH DISABILITIES AND OF THEIR CONTRIBUTIONS T

WORKPLACE AND THE LABOUR MARKET


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I TO FOSTER AT ALL LEVELS OF THE EDUCATION SYSTEM INCLUDIN> IN ALL CHILDREN FROMA>E AN ATTITUDE OF RESPECT FOR THE RI>HTS OF PERSONS WITH DISABILITIES

J TO ADVISE THE >OVERNMENT ON THE ISSUES OF DISABILITIES INCLUDIN> DEVELOPMENTINTERNATIONAL LEVEL

K TO COLLECT AND COLLATE DATA AND INFORMATION AND UNDERTAKE AND PROMOTE RESRELATIN> TO PERSONS WITH DISABILITIES

L TO PROMOTE THE DEVELOPMENT OF INITIAL AND CONTINUIN> TRAININ> FOR PROFESSIOSTAFF WORKIN> IN HABILITATION AND REHABILITATION SERVICES

M TO PROMOTE EMPLOYMENT OPPORTUNITIES AND CAREER ADVANCEMENT FOR PERSONSDISABILITIES IN THE LABOUR MARKET AS WELL AS ASSISTANCE IN FINDIN> OR OBTAININ> EON E@UAL BASIS WITH PERSONS WITHOUT DISABILITIES

N TO PERFORM ANY OTHER FUNCTIONS AS DIRECTED BY THE MINISTER FOR THE PROPERIMPLEMENTATION OF THIS ACT9


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9 COUNCIL TO RECOMMEND CHAN>ES TO

CHAN>ES MADE IS TO SECURE FULL AND EFFECTIVE PARTICIPATION IN SOCIETY9

TO CHAN>E LAW SHALL CONSULT9 RELEVANT MINISTRIES

29 >OVERNMENT A>ENCIES/ BODIES/ OR>ANIZATION

9 PRIVATE SECTOR / N>OS


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49 RESPONSIBILITY OF THE >OVERNMENT

TAKIN> CONSIDERATIONS THE AVAILABLE FINANCIAL AND HUMAN RESOURCES AND OTHERMAY BE RELEVANT

IN COMPLIANCE WITH THE PROVISIONS OF THE FEDERAL CONSTITUTIONS AND OTHER RELELAWS9


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9 RESPONSIBILITY OF RELEVANT MINISTR

TO COOPERATE AND ASSIST THE COUNCIL IN THE PERFORMANCE BY THE COUNCIL OF ITS FUUNDER THIS ACT9

TO >IVE DUE CONSIDERATION TO THE NATIONAL POLICY AND NATIONAL PLAN OF ACTION OF >OVERNMENT RELATIN> TO PERSONS WITH DISABILITIES


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RELEVANT MINISTRIES >OVERNMENT A>ENCIES OR BODIES OR OR>ANIZATIONS TO SUBMITHE COUNCIL ON STEPS MEASURES AND ACTIONS RE@UIRED TO BE UNDERTAKEN BY THEM

WITH THE PROVISIONS OF THIS ACT AT SUCH INTERVALS AS THE COUNCIL MAY SPECIFY9

PROVIDE E?PLANATION

39 FOLLOW UP


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89 FUNDS

THE >OVERNMENT SHALL ALLOCATE THE COUNCIL WITH ADE@UATE FUNDS ANNUALLY TO ENCOUNCIL TO PERFORM ITS FUNCTIONS UNDER THIS ACT9


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9 ANNUAL REPORTS

COUNCIL SHALL >IVE THE ANNUAL REPORT OF ALL OF THE ACTIVITIES TO THE MINISTRY OR AUTHORITIES


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PA

APPOINTMENT OF RE>ISTRAR

RE>ISTRATION OF PERSONS WITH DIS


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209 APPOINTMENT AND DUTIES OF RE>ISTRAR >ENERAL AND

R&!",(#( >&*&(#% !" *'&( ".&(;!"!)* )7 ,&*&(#% )7 S)+!#% W&%7#(&

T&*&(#% $1 )( *'&( ,A+,9

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29 RE>ISTER OF PERSONS WITH DISABILIT

EVERY RE>ISTRAR SHALL KEEP AND MAINTAIN A RE>ISTER OF PERSONS WITH DISABILITIES

MINISTER CAN MAKE AMENDMENTS TOWARDS THE PWD RULES WHETHER TO REMAIN OR DPERSON WITH DISABILITIES

APPLICATION FOR RE>ISTRATION AS PERSONS WITH DISABILITIES SHALL BE M


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229 APPLICATION FOR RE>ISTRATIOAPPLICATION FOR RE>ISTRATION AS PERSONS WITH DISABILITIES SHALL BE M

COUNCIL9

WITHOUT PREJUDICE TO THE >ENERALITY OF SUBSECTION 2 THE RE>ULATIO

APRESCRIBE THE PROCEDURE TO BE FOLLOWED IN MAKIN> AN APPLICATIONRE>ISTRATIONPERSONS WITH DISABILITIES 2

BPRESCRIBE WHO MAY BE RE>ISTERED AS PERSONS WITH DISABILITIES AN

CEASES TO BE RE>ISTERED AS PERSON WITH DISABILITIES AND

CPRESCRIBE THE MANNER OF ISSUANCE AND CANCELLATION OF KAD OKU9


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29 POWER OF RE>ISTRAR TO CALL FOR ADDITIONAL DOCUMENT OR IN

249 RE>ISTRATION AND REFUSAL TO RE>ISTER

ARE>ISTER A PERSON TO BE A PERSON WITH DISABILITY IF HEIS SATISFIED THAT THE PERTHE SUBJECT OF THE APPLICATION IS A PERSON WITH DISABILITY OR

BREFUSE TO RE>ISTER A PERSON AS A PERSON WITH DISABILITY IF HE IS SATISFIED THATIS NOT A PERSON WITH DISABILITY9


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29 ISSUANCE OF KAD OKU

THE RE>ISTRAR SHALL ISSUE A PERSON WHO IS RE>ISTERED AS A PERSON WITH DISAB

OKU9

2 A KAD OKUISSUED UNDER SUBSECTION SHALL UNLESS PROVED TO HAVE BEEN CACONCLUSIVE EVIDENCE FOR ALL PURPOSES THAT THE PERSON HAS BEEN DULY RE>ISTERED

WITH DISABILITY UNDER THIS ACT9

THE KAD OKU SHALL BE SURRENDERED TO THE RE>ISTRAR WHEN A PERSON CEASES TWITH DISABILITY9


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Chapter 1 : Accessibility (7 sections)

a) Access to public facilities, amenities and services and buildings:


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c) ccess o educa o ""

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e) Access to information, communication and technology:


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f) Access to cultural life:


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Chapter 2 : Habitation and rehabilitation (2 sections)

a) Habilitation and rehabilitation:) T


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CHAPTER HEALTH

35.

Access to ealt

1) Persons with disabilities shall

have the right to the enjoyment

of health on an equal basis with

persons without

disabilities.

2) The Counil! the private

setor and non"governmentalorgani#ation shall ta$e

appropriate measures to

disabilities to have aess to

health servies! inluding

health

related rehabilitation! that are

gender sensitive.

36. Prevention o

!rt er occ!rrence o

disabilities

1) The %overnment and the

private healthare servieprovider shall ma$e available

essential health servies to

persons with disabilities

2) ta$ing measures to prevent further

ourrene of disabilities!the

%overnment shall &a) underta$e surveys! investigations

and researh onerning the ause

b) 'ponsor awareness ampaign or

information on auses of disabilities and

the preventive

37. Av

ealt

1) (ny private

governmental

providing instpersons with d

speeh therap

and oupatio

2) or the p

*1)! suh pr

institution+*a) register

Centres

*b) before

submit t

number of s

employmen

CHAPTER 4


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3". #ielon$

protection and

social s!pport

syste%

3&. 'e

(perso

severe di

*1) The %overnment shall provide the

neessary lifelong

protetion and soial support system.

*2) (ny non"governmental organi#ation intending to

provide institutional are for persons with severedisabilities or their aregivers may ma$e an

appliation to the Counil.

The Counil may grant suh inentive if it find

appropriate as it *2) deems appropriate with the

approval of the 0inister responsible

for finane.

persons with seve

disabilities means

from one or more d

who is dependent

daily living ativitie

CPROTECTION OF PERSONS WITH SEVERE DISABILITIES

CHAPTER


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CHAPTER SITUATIONS OF RISK AND HUMANITARIAN EMER>ENCIES

+,. Access to assistance

1) have the right to have

assistane on equal basis and

reognition with persons withoutdisabilities in situations of ris$ and

humanitarian emergenies!

inluding armed onflit and the

ourrene of natural disaster.

2) The %overnment s

neessary measures

persons with disabilit

the right of assistansituations of ris$ and

emergenies by way

as well as administra

mehanism.

PART V >ENERAL


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PART V >ENERAL

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-P$%!+ A,


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(ny person who immediately before the ointo operation of this (t is registered as awith disability with the 6epartment of 'oia7elfare

(ny person with disability to whom an idenard has been issued

(ll registers relating to registration of persdisabilities $ept and maintained by the 6epof 'oial 7elfare

S#;!*" #*'

,(#*"!,!)*#%

The 0inister may! by order! ma$e suh

modifiations in the provisions of this (t aappear to him to be neessary or e5pedien The 0inister shall not e5erise the powers

onferred by this setion after the e5piratioyears from the date of oming into operatio(t.

P(&;&*,!)*)7#*)#%!&"

Person Disabilities 2008

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