21. On the other hand, the applicable laws and rules with
regard to Government shelter homes and destitute centres include the
Destitute Persons Act 1977,25 Rules on the Management of Old Folks Home
1983 and Rules on the Management of Destitute Patients Homes 1978.26
22. In 2013, the Ministry of Health announced that by the end of 2014
the Government would table an Aged Healthcare Act in Parliament with the
aim of developing and improving regulations for the aged care industry.27
The Commission hopes that it will be consulted or engaged in this process.
Protection against harm and abuse
23. The most relevant law to protect older persons against physical harm
is the Domestic Violence Act 1994 which covers domestic violence against
person who is incapacitated due to old age.28 Through amendments in
2012, the definition of “domestic violence” was extended to include
psychological abuse and emotional injury to victims.29
24. In general, offences affecting the human body including offences
affecting life, hurt, wrongful restraints and wrongful confinement,
criminal force and assault, kidnapping, abduction and slavery and forced
labour are provided under the Malaysian Penal Code. The punishments
for the omissions have been clearly enacted in the Code to provide
prevention and protection to all people including older persons.30
25
Came into force in the Peninsula on 15 November 1977 (P.U. (B) 678/1977); came into force in Sarawak on 27
January 1995 (P.U. (B) 33/1995)
26 These rules were made under Section 7 of Destitute Persons Act 1977
27 http: //www.themalaysianinsider.com/malaysia/article /aged-healthcare-act -to -be-tabled-next-year-saysminister -bernama on 12 December 2013.
28 Section 2 of the Domestic Violence Act defines incapacited adult means a person who is wholly or partially
incapacitated or infirm, by reason of permanent or temporary physical or mental disability or ill-health or old age,
who is living as a member of the family of the person alleged to have committed the domestic violence, and includes
any person who was confined or detained by the person alleged to have committed the domestic violence;
29 Came into force on 20 February 2012 (P.U.(B)56/2012)
30 Chapter XVI of the Penal Code
14
REPORT ON CARE SERVICES FOR OLDER PERSONS AND SUPPORT FOR CAREGIVERS