Short title and commencement
Open ↗(1) This Act may be cited as the Persons with Disabilities Act 2008.
(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
Open ↗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;
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“Kad OKU” means the card issued under section 25;
“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.