Akta Orang Kurang Upaya 2008
Applies to: Federal Act — see s 22 (Application for registration) · Official text ↗
- Defines key terms such as 'persons with disabilities', 'Kad OKU', and 'reasonable accommodation' (s 2).
- Establishes the process for applying for and receiving registration as a person with disability (ss 22–24).
- Mandates the issuance of the 'Kad OKU' card as conclusive evidence of registration (s 25).
- Guarantees equal access to public facilities, education, and employment (ss 26, 28, 29).
- Requires the provision of habilitation, rehabilitation, and health services (ss 33, 35).
- Ensures assistance for persons with disabilities during humanitarian emergencies (s 40).
- Protects the Government, Minister, and Council from legal suits for good-faith actions (s 41).
What this law is
The Persons with Disabilities Act 2008 (Akta Orang Kurang Upaya 2008) is numbered Act 685 in the Laws of Malaysia. Where it applies is set out in section 22 (Application for registration).
Its long title, as printed in the official text: An Act to provide for the registration, protection, rehabilitation, development and wellbeing of persons with disabilities, the establishment of the National Council for Persons with Disabilities, and for matters connected therewith.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–2)
- Part II — National council for persons with disabilities (ss 3–19)
- Part III — Appointment of registrar general, etc., and registration of persons with disabilities (ss 20–25)
- Part IV — Promotion and development of the quality of life and wellbeing of persons with disabilities (ss 26–40)
- Part V — General (ss 41–46)
Part titles are from the official arrangement of sections.
Laws cited on this page
| Act 685 | Persons with Disabilities Act 2008 Akta Orang Kurang Upaya 2008 | PDF · PDF (BM) · Official ↗ |
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Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1 | The Act is titled the Persons with Disabilities Act 2008 and comes into operation on a date appointed by the Minister. |
| s 2 | Defines key terms. "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; "Kad OKU" is the card issued under s 25. |
| s 22 | Applications for registration as a person with disability must be made to the Council, with procedures prescribed by regulations. |
| s 24 | The Registrar must register a person if satisfied they are a person with disability, or refuse if not; a person aggrieved by a refusal may appeal to the Minister, whose decision is final. |
| s 25 | The Registrar issues a 'Kad OKU' to registered persons, which serves as conclusive evidence of registration unless cancelled, and must be surrendered when a person ceases to be a person with disability. |
| s 26 | Persons with disabilities have the right to access public facilities and buildings on an equal basis, and providers must ensure these conform to universal design. |
| s 28 | Persons with disabilities cannot be excluded from the general education system, and providers must offer reasonable accommodation and support for learning skills like Braille and Malaysia Sign Language. |
| s 29 | Persons with disabilities have the right to equal access to employment, and employers must provide just and favourable conditions, including equal remuneration for work of equal value. |
| s 33 | The Council, private healthcare providers, and NGOs must provide comprehensive habilitation and rehabilitation services to enable maximum independence and participation in life. |
| s 35 | Persons with disabilities have the right to enjoy health on an equal basis, and relevant bodies must ensure access to gender-sensitive health services. |
| s 40 | Persons with disabilities have the right to assistance in situations of risk and humanitarian emergencies, and the Government must take measures to ensure this right. |
| s 41 | No legal action can be brought against the Government, Minister, Council, or their members for acts or omissions done in good faith in their official capacity. |
Worked examples
Facts. Ahmad, who has a long-term visual impairment, wants to register as a person with disability to access certain services.
The law. Ahmad must make an application to the Council (s 22(1)). The Registrar will consider the application and, if satisfied that Ahmad is a person with disability, will register him (s 24(1)(a)).
Outcome. If registered, the Registrar shall issue Ahmad a 'Kad OKU' (s 25(1)).
Facts. Siti, a child with a hearing impairment, is enrolled in a primary school. She requires support to participate in class.
The law. Siti shall not be excluded from the general education system on the basis of her disability (s 28(1)). The educational provider must provide reasonable accommodation, such as facilitating the learning of Malaysia Sign Language (s 28(2), s 28(3)(b)).
Outcome. The school must take steps to enable Siti to learn in the most appropriate modes of communication to maximize her academic and social development (s 28(3)(c)).
Facts. Ravi, who has a physical disability, applies for a job at a private company for which he is qualified.
The law. Persons with disabilities have the right to access to employment on an equal basis with persons without disabilities (s 29(1)), and the employer shall protect their rights to just and favourable conditions of work, including equal remuneration for work of equal value (s 29(2)).
Outcome. The employer must deal with Ravi on an equal basis, and should endeavour to promote stable employment by properly evaluating his abilities and providing suitable places of employment (s 29(3)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who can register as a person with disability?
The Act's definition covers those with long-term physical, mental, intellectual or sensory impairments which, with various barriers, may hinder their full participation in society (s 2). Who may be registered, and the application procedure, are prescribed by regulations made by the Minister (s 22(2)–(3)); applications are made to the Council (s 22(1)).
What is the Kad OKU?
The Kad OKU is a card issued to a person who is registered as a person with disability (s 25(1)). It serves as conclusive evidence for all purposes that the person has been duly registered under the Act (s 25(2)).
Can I appeal if my registration is refused?
Yes, a person aggrieved by the Registrar's decision to refuse registration may appeal to the Minister (s 24(2)). The decision of the Minister shall be final (s 24(2)).
Do I have the right to access public buildings?
Yes, persons with disabilities have the right to access and use public facilities, amenities, services, and buildings on an equal basis with persons without disabilities (s 26(1)). Providers must ensure these conform to universal design (s 26(2)).
Are employers required to provide equal pay?
Yes, employers must protect the rights of persons with disabilities to just and favourable conditions of work, including equal remuneration for work of equal value (s 29(2)).
What happens if I am in a natural disaster?
Persons with disabilities have the right to have assistance on an equal basis in situations of risk and humanitarian emergencies, including natural disasters (s 40(1)). The Government shall take necessary measures to ensure this right (s 40(2)).
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Sources
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