Sustainable Retirement Village: A Segment Ofexisting Legal Provisions In Malaysia

Abstract

In this new millennium, the ageing population remains a global-phenomena that is destined to become a serious issue in emerging countries. Malaysia is an upper-middle-income country with a rapidly ageing population. Most of the time, elderly populations are related with family abandonment and loneliness. As Malaysia's population ages, retirees' needs for fellowship and social engagement, as well as access to support services and amenities, are becoming increasingly important. The development of sustainable retirement villages in Malaysia, which offer a "continuum-of-care" idea, is hampered by legislative obstacles. The Care Centres Act 1993, administered by the Ministry of Women, Family and Community Development, and the Private Healthcare Facilities and Services Act 1998, administered by the Ministry of Health, are two independent Acts. Both have jurisdiction and duplication over retirement villages. The Private Aged Healthcare and Services Act 2018 could relieve the duplication, but the Minister of Health has not enforced it into law. Even with this new legislation, clear standards and a regulatory framework are required to promote the formation of a viable and sustainable environment for interested and dedicated developers to engage in the development of retirement villages. Some of the challenges are outlined in the paper. The present study aimsto investigate several statutes which are applicable to the implementation of retirement homes in Malaysia namely the Private Healthcare Facilities and Services Act 1998 (Act 586), Private Elderly Care Facilities and Services Act 2018 (Act 802) and the Care Centres Act 1993 (Act 506). This study uses a qualitative approach by using the library method and documentation of the statutes to analyze the effectiveness of existing laws on the implementation of retirement homes in Malaysia.The findings shows that there areneeds for well-structured legal framework in Malaysia, for the sustainable development of ‘retirement village’ which will promotehealthy aging among the elderly and could be part of good choice of living for them.