Amendment to section 46 of the child act 2001- towards enhancing the protection of children beyond control in Malaysia

Shariffah Nuridah Aishah, Syed Nong Mohamad and Jal Zabdi, Mohd Yusof (2018) Amendment to section 46 of the child act 2001- towards enhancing the protection of children beyond control in Malaysia. In: International Conference on Law and Globalisation 2018 (ICLG 2018), 21 Oct 2018, UNISZA.

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Abstract

In early 2015, the Malaysian government announced that a major amendment involving more than 70 per cent will be made to the 13-year-old Child Act 2001 for the purpose of enhancing the protection and welfare of the children’s right. As a result, the Child (Amendment) Act 2016 comes into operation on 1st January 2017. Among the provisions which are affected by the amendment is pertaining to the children beyond control. This study seeks to examine the extent of the amendment made to the related legal provisions as well as to distinguish it from the previous provisions. It employs library research (textual) method for data collection by analysing statutes, books, journals, reports, newspaper articles, conference proceedings and other periodicals. This study concludes that the major changes made to section 46 of the Child Act 2001 encompass two areas; a) the grounds to detain a beyond control child based on the application made by the parent, and b) the types of orders made by the Court For Children upon receiving the said application.

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