Child Act 2001

• The result of Convention on the Rights of the Children (CRC)

• The Child Act was drafted in 1998 , however was only implemented in
2001
• Act 611 repealed the Juvenile Courts Act 1947 [Act 90], the Women
and Girls Protection Act 1973 [Act 106] and the Child Protection Act
1991 [Act 468].
Child Act’s preamble provides that every child is entitled to protection
and assistance in all circumstances without regard to distinction of any
kind, such as race, colour, sex, language, religion, social origin or
physical, mental or emotional disabilities or any status. The provisions
of the Act are based on the four core principles of the CRC that is:
(i) non-discrimination,
(ii) best interest of the child,
(iii) the right to life, survival and development and
(iv) respect for the views of the child.
 Special features of Child Act 2001
• (i)  Coordinating Council for the Protection of Children, which advises
the Government on child protection issues 
• (ii) National Advisory and Consultative Council for Children acts as a
national focal point for children's wellbeing and development.
• (iii) Child Protection Teams and Child Activity Centres at both state
and district levels. Aimed at mobilising community participation in the
implementation of preventive and rehabilitative programs, these
initiatives are targeted for children at risk or children vulnerable to all
forms of abuse and exploitation.
• (iv) established Court for Children and the procedures before the
Court for Children which is child-friendly taking into account the
mental and emotional maturity of a child. The composition of the
court comprised of a Magistrate and two advisors.
• (v) punishments are a combination of rehabilitation and deterrence,
not just for the child but also for the family members such as
community service, counselling (individual or family), good behaviour
bond and imprisonment or fine.
• (vi) Appointment of Protector who is the social welfare officer. The
Protector has 3 rights: the power to take evidence at an inquiry,
produce the notes when called upon by the court and should not be
compelled in any judicial proceedings to answer any question as to
the grounds of his decision, belief in any case dealt by him as the
protector.
• (vii) restrictions on media reporting and publication of the
proceedings in the Court for Children, whether the child’s name,
address, or educational institution or any information resulting to the
identification of the child including pictures
 Who is a child?
• The child is defined as a person who is under the age of 18 years
• The Act is applicable to all person who is under 18 years old.
• Nevertheless it is only relevant to children who fall within the specific
categories of children:
• (i) Children in need of care and protection
• (ii) Trafficking and abduction of children
• (iii) Children beyond control
• (iv) Children in need of protection and rehabilitation
 Children in need of care and protection
• Section 17 (1) A child is in need of care and protection if— (a) the child has been or
there is substantial risk that the child will be physically injured or emotionally injured
or sexually abused by his parent or guardian or a member of his extended family; (b)
the child has been or there is substantial risk that the child will be physically injured
or emotionally injured or sexually abused and his parent or guardian, knowing of
such injury or abuse or risk, has not protected or is unlikely to protect the child from
such injury or abuse; (c) the parent or guardian of the child is unfit, or has neglected,
or is unable, to exercise proper supervision and control over the child and the child is
falling into bad association; (d) the parent or guardian of the child has neglected or is
unwilling to provide for him adequate care, food, clothing and shelter; (e) the child—
(i) has no parent or guardian; or (ii) has been abandoned by his parent or guardian
and after reasonable inquiries the parent or guardian cannot be found, and no other
suitable person is willing and able to care for the child;
• (f) the child needs to be examined, investigated or treated— (i) for the purpose of restoring or preserving
his health; and (ii) his parent or guardian neglects or refuses to have him so examined, investigated or
treated; (g) the child behaves in a manner that is, or is likely to be, harmful to himself or to any other
person and his parent or guardian is unable or unwilling to take necessary measures to remedy the
situation or the remedial measures taken by the parent or guardian fail; (h) there is such a conflict
between the child and his parent or guardian, or between his parents or guardians, that family
relationships are seriously disrupted, thereby causing him emotional injury; (i) the child is a person in
respect of whom any of the offences specified in the First Schedule or any offence of the nature
described in sections 31, 32 and 33 has been or is suspected to have been committed and his parent or
guardian— (i) is the person who committed such offence or is suspected to have committed such offence;
or (ii) has not protected or is unlikely to protect him from such offence; (j) the child is— (i) a member of
the same household as the child referred to in paragraph (i);or (ii) a member of the same household as
the person who has been convicted of the offence referred to in paragraph (i), and appears to be in
danger of the commission upon or in respect of him of a similar offence and his parent or guardian— (aa)
is the person who committed or is suspected to have committed the offence; (bb) is the person who is
convicted of such offence; or (cc) is unable or unwilling to protect him from such offence;
• (k) the child is allowed to be on any street, premises or place for the
purposes of— (i) begging or receiving alms, whether or not there is
any pretence of singing, playing, performing or offering anything for
sale; or (ii) carrying out illegal hawking, illegal lotteries, gambling or
other illegal activities detrimental to the health and welfare of the
child.
• Section 17(2)For the purposes of this Part, a child is— (a) physically injured if there is
substantial and observable injury to any part of the child's body as a result of the non-
accidental application of force or an agent to the child's body that is evidenced by,
amongst other things, a laceration, a contusion, an abrasion, a scar, a fracture or other
bone injury, a dislocation, a sprain, haemorrhaging, the rupture of a viscus, a burn, a
scald, the loss or alteration of consciousness or physiological functioning or the loss of
hair or teeth; (b) emotionally injured if there is substantial and obseryable impairment of
the child's mental or emotional functioning that is evidenced by, amongst other things, a
mental or behavioural disorder, including anxiety, depression, withdrawal, aggression or
delayed development; (c) sexually abused if he has taken part, whether as a participant
or an observer, in any activity which is sexual in nature for the purposes of— (i) any
pornographic, obscene or indecent material, photograph, recording, film, videotape or
performance; or (ii) sexual exploitation by any person for that person's or another
person's sexual gratification
Trafficking and abduction of children
• Section 33. Any person who, being a parent or a guardian or a person
for the time being having the care of a child, leaves that child— (a)
without making reasonable provision for the supervision and care of
the child; (b) for a period which is unreasonable having regard to all
the circumstances; or (c) under conditions which are unreasonable
having regard to all the circumstances,
• Section 43 provides that it is an offence for any person to obtain
possession of the child for the purpose of him being employed as a
prostitute whether in or outside Malaysia.
• Section 48 makes it an offence for a person to commit child’s
trafficking and abduction. Thus in order to relocate a child from one
place to another, consent of the parent or guardian must be obtained.
• Section 52 makes it an offence for a parent or guardian to relocate
with the child within or outside Malaysia without the consent of
those who have custody of the child after divorce.
 Children beyond control
• Section 46 states that where the parent or guardian of a child makes an
application to the court to detain the child on the ground that the parent or
guardian is unable to exercise proper control over the child, the court shall
immediately investigate the case by directing the probation officer to submit
report. During the investigation, the court may order the child to be
temporarily detained either in an approved school, place of refuge, probation
hostel or centre. If the court is satisfied that order is beneficial to the child
and the parent or guardian understands the nature and consequences of the
order and consents to it, the court may order that the child either (i) sent to
an approved school, place of refuge, probation hostel or centre or (ii) placed
under the supervision of the probation officer not exceeding 3 years and the
child may be required to reside in the probation hostel not exceeding 1 year.
• Section 47 explains the supervision aspect whereby the probation
officer has to visit, advise and befriend the child . If necessary, he may
bring the child before the Supervising Court to amend the supervision
order and (i) send the child to an approved school, place of refuge, or
centre or (ii) place the child in the care of a fit and proper person
whether a relative or not.
 Children in need of protection and rehabilitation

• Section 38. A child is in need of protection and rehabilitation if the

child— (a) is being induced to perform any sexual act, or is in any
physical or social environment which may lead to the performance of
such act; (b) lives in or frequents any brothel or place of assignation;
or (c) is habitually in the company or under the control of brothel-
keepers or procurers or persons employed or directly interested in the
business carried on in brothels or in connection with prostitution.
Offences committed against the child
• Section 31. (1) Any person who, being a person having the care of a child
— (a) abuses, neglects, abandons or exposes the child in a manner likely
to cause him physical or emotional injury or causes or permits him to be
so abused, neglected, abandoned or exposed; or(b) sexually abuses the
child or causes or permits him to be so abused, commits an offence
• 32. Any person who causes or procures any child or, being a person
having the care of a child, allows that child to be on any street, premises
or place for the purposes of— (a) begging, receiving alms, whether or not
there is any pretence of singing, playing, performing or offering anything
for sale; or (b) carrying out illegal hawking, illegal lotteries, gambling or
other illegal activities detrimental to the health and welfare of the child,