The extent of power of the Malaysian People with Disabilties Act 2008

This is the case I am referring to which Mohamed Sazali stated in an email group:

There is a same case happened to a deaf lady in Ipoh last year. Her employer accused her damaging a machine and forced her to pay back. Her uncle come to assist and the case was bought forward to JTK and we Malaysian Federation of the Deaf provide sign language interpreter service.

The deaf girl won the case and the employer was penalised because violating  Employee Act and had to pay fine plus compensation to  her in installment.

I am posing this question of what the Act can do to create changes.

I wonder if we can claim compensation based on the Akta OKU 2008 as well. Of course we had been saying that its an enabling act and not a discrimination act, but anyone have any opinions on this.

Or the Akta OKU 2008 can instigate other acts in the court of law or on making grounds for compensation. There are many different cases of course. Like in the case of the deaf girl highlighted by Sazali, the case should be put forward to the Majlis to do something to the Employee Act if the case in court was deemed unsatisfactory.

Or is there a way to refer to the Majlis (Council) to instigate for compensation? It is perceived that the Majlis is the main tool of this Act (to have teeth), ie instigating for changes to other acts and creating policies and acts.

Acts are medium of change, and to what extent can the Act create changes and to effect these changes can be made.

At the Universal Design Committee of the Majlis, we discussed about the Uniform Building By-Law 34A and the function of the local authority. Actually the UBBL under the Streets, Drainage and Building Act is one thing but the Principal Submitting Person (CF change to CCC) who is now the architect and the engineer who are under the Architect Act and the Engineer Act respectively are the ones responsible for the building to comply to UBBL 34A. So now the power of how accessible buildings / development will be actually falls under the Architect Act and the Engineer Act! If we are seeking compensation, can we address these acts? (for example)

Just for further discussion and action.

Universal Design Consultant

In Malaysia, there is a need to create a registry of Universal Design Consultant and Universal Design Facilitators.

The reason for needing the registry of Universal Design Consultant and Universal Design Facilitator is as follows:

We need Universal Design Consultant because :

 

• There is a lack of  Universal Design knowledge and know-how.
• The checking of drawings is done in a very basic way in local authorities and lack thoroughness due to the fast process of the One Stop Centre (OSC).
• The Principal Submitting Person (PSP) has been given more responsibility due to the change in the system of submission from CF (Certificate of Fitness) to CCC (Certificate of Compliance and Completion).
• The drawing checkers in local authorities especially those in district offices are not trained in design, moreover Universal Design.
• The problems of coordinating a lot of  information required on the drawings
• The future approval mechanisms that require expertise such as Access Statements and Access Audit / Plan.
• Disabled and elderly persons who are unable to access buildings and premises and have no recourse for justice or compensation.

We need Universal Design Facilitators because:

• Older buildings (erected before 1990) needs to be Access Audited.
• Self-advocacy groups need to train in Access Auditing.

The Universal Design Consultant must be a professional from these professions: architects, engineers, planners, landscape architects and other related professions such as building surveyors and interior designer. On the other hand, the Universal Design Facilitator is a non-professional.

 

The Universal Design Consultant must be competent and skillful in the following:

•Understanding of user needs

•Knowledge of construction processes

•Knowledge and understanding of good practice and standards in relation to access

•Legal Understanding

•Problem identification and solving

•Professional Understanding

Whereby the Universal Design Facilitator will be competent and skillful in the following:

•Understanding of user needs

•Experience and ability in the access field

•Knowledge of construction processes

•Knowledge and understanding of good practice and standards in relation to access

•Legal Understanding

•Professional Understanding

The scope of work of a Universal Design Consultant involves the following:

Can make recommendations and provide solutions of a technical and policy nature as well as give advice

•To advise the client on the Accessibility and Universal Design concept of the development.

•To facilitate and provide training to the client.

•To recommend improvement to the development.

•To prepare and provide access statement to relevant authority.

•To prepare a complete report consisting of:

•Drawings

•Existing Plan

 

•To evaluate accessibility for disabled persons based on the Universal Design Index and Access Audit and to document all the information into a report and the Existing Plan.

•To liaise and consult with disabled persons and access advisory group to conduct Access Auditing Training.

•To identify problems in the area concerned.

•To recommend solutions to the technical problems.

For a Universal Design Facilitator the scope of work consists of the following items.

 

Identify access problems and give general advice on solution

•To evaluate accessibility for disabled persons whether based on the Universal Design Index and Access Audit and to document all the information into a report.

•To identify problems in the area concerned.

•To audit at design stage and after development