Page 471 - ANUAL REPORT MOH 2017

INTRODUCTION

The Legal Advisor’s Office (“Office”) of the Ministry of Health (“Ministry”) is responsible for, among
others, the following:
i. providing legal advice to the divisions, departments, agencies and institutions under the Ministry
including legal advices relating to Cabinet Papers, Standard Operating Procedures, Guidelines,
Directives and Circulars;
ii. drafting of Bills, amendment Bills as well as subsidiary legislation relating to the Ministry of Health
in accordance with the policies of the Ministry;
iii. vetting and approving legal documents including agreements, memoranda of understanding as
well as international legal instruments on behalf of the Ministry;
iv. attending meetings discussing legal as well as administrative issues relating to the Ministry;
v. prosecution of offences committed under the Private Healthcare Facilities and Services Act 1998
[Act 586]; and
vi. handling of civil cases where the Ministry represents the Government as the plaintiff and coordinating
the handling of civil cases by the Attorney General’s Chambers where the Government is the defendant.

ACTIVITIES AND ACHIEVEMENTS

The total and scope of work handled by the Office is subject to requests made by the Ministry as well
as the departments and agencies under its purview. In 2017, the Office had attended 927 meetings;
vetted 1,248 legal documents, prepared 912 legal advice and drafted 31 Bills, amendment Bills as
well as subsidiary legislation. The Office had also prosecuted offences committed under the Act 586
including cases involving bogus dentists, unregistered private health facilities as well as unlicensed
private hospitals.

The Office played an important role in ensuring the success of the implementation of various new
Ministry policies in the form of enactment of legislation such as the enactment of the Private Aged
Healthcare Facilities and Services Act 2018 [Act 802] which was passed by the Parliament in 2017
through the Private Aged Healthcare Facilities and Services Bill 2017. The Act, which has yet to come
into force, intends to provide for the regulation of private aged healthcare facilities and services for
the aged including its related matters. The Office is also involved in the drafting of the Dental Bill 2017
which had been tabled at the House of Representatives for its first reading in 2017. In addition, the
Office had also been involved in the amendment of the Dangerous Drugs Act 1952 [Act 234] to provide
for an alternative sentence for the offence of drug trafficking should the accused be convicted of the
offence and fulfilled the requirement of such sentence.

WAY FORWARD

The Office is in the midst of drafting the amendment Bill to the Sale of Drugs Act 1952 [Act 368] &
Poisons Act 1952 [Act 366]; and a new Bill to consolidate the Nurses Act 1950 [Act 14] and the Midwives
Act 1966 [Act 436]; whereas a new Bill to establish a statutory body relating to food safety had been
submitted to the Attorney General’s Chambers for approval. At the same time, the Office is handling
185 civil litigation files and prosecuting 30 cases for offences committed under Act 586.

470 ANNUAL REPORT 2017 MINISTRY OF HEALTH MALAYSIA