INDEPENDENT POLICE CONDUCT COMMISSION ACT 2022

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

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INDEPENDENT POLICE CONDUCT COMMISSION

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Interpretation

the Government of Malaysia;

the Government of a State;

any local authority and any other statutory authority;

and

any department or service of the Government of Malaysia, the Government of a State or a local authority;

“committee” means any committee established under section 18;

“Complaints Committee” means the Complaints Committee established under section 23;

“Head of Department”—

in relation to the police force, means a member of the police force charged with the responsibility for control as provided in section 6 of the Police Act 1967 [Act 344];

or

in relation to a public body, means an officer charged with the responsibility for a public body;

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“Minister” means the Minister charged with the responsibility for home affairs;

“Task Force” means a Task Force established under section 31;

“officer of the Commission” means any officer appointed by the Commission under section 16 and includes the Secretary appointed under section 14;

“misconduct” means misconduct as specified in section 22;

“Commission” means the Independent Police Conduct Commission established under section 3;

“Police Force Commission” means the Police Force Commission established under Article 140 of the Federal Constitution.

The Commission shall be a body corporate and shall have perpetual succession and a common seal.

The Commission may sue and be sued in its name.

The Commission may, upon such terms as the Commission thinks fit and for the purposes of this Act—

to promote integrity within the members of the police force;

to advise the Government and make recommendations on appropriate measures to be taken in the promotion of integrity within the members of the police force;

to protect the interest of the public by dealing with misconduct of any member of the police force; and

to formulate and put in place mechanism for receiving complaints and investigation of misconduct of any member of the police force.

Powers of Commission

Without prejudice to the generality of subsection (1), the Commission may—

The members of the Commission shall be subject to such terms as may be specified in the instrument of appointment.

The members of the Commission shall have knowledge, skill and experience, or shown capacity and professionalism, in matters relating to law, administration, investigation, finance or any other matter relevant to the functions of the Commission.

Term of office

A member of the Commission may at any time resign his office by letter addressed to the Yang di-Pertuan Agong.

The appointment of a member of the Commission may at any time be revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister.

Remuneration

he dies;

there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

he becomes a bankrupt;

he is of unsound mind or is otherwise incapable of discharging his duties;

he absents himself from three consecutive meetings of the Commission without leave of the Chairman;

he is elected or appointed as a member of a

House of Parliament or the State Legislature of any State;

his resignation has been accepted by the

Yang di-Pertuan Agong;

his appointment has been revoked by the

Yang di-Pertuan Agong; or

his term of appointment has expired.

Meetings

The Chairman shall preside at all meetings of the Commission.

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The quorum of a meeting of the Commission shall be three.

Every member of the Commission present shall be entitled to one vote and if on a question to be determined by the Commission there is an equality of votes, the Chairman shall have a casting vote.

The Commission shall cause minutes of all its meetings to be maintained and kept in a proper form.

The Commission may invite any person or any representative from the police force appointed by the Inspector General of Police to attend its meeting for the purpose of advising the Commission on any matter under discussion but that person shall not be entitled to vote at the meeting or be present during the making of a decision.

The Commission shall regulate its own proceedings.

Temporary exercise of functions of Chairman

The disclosure of interest of a member of the Commission referred to in subsection (1) shall be recorded in the minutes or notes of the discussion on the misconduct and the member of the Commission shall recuse himself from taking part in such discussion or in the making of any decision by the Commission relating to the misconduct.

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Delegation of functions and powers of Commission

any member of the Commission;

any officer of the Commission;

any committee; or

any member of the police force.

The member of the Commission, officer of the Commission, committee or member of the police force delegated with such functions and powers under subsection (1) shall be bound to observe and have regard to all conditions and restrictions imposed by the Commission and all requirements, procedures and matters specified by the Commission relating to such delegation.

Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the Commission.

A delegation under this section shall not preclude the

Commission itself from performing or exercising at any time any of the delegated functions and powers.

The Secretary shall be appointed by the Minister who shall be an officer of the Commission.

The Secretary shall be appointed on such terms and shall have such functions as the Commission may determine.

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Temporary exercise of functions of Secretary

the office of the Secretary is vacant;

the Secretary is absent from duty or from Malaysia; or

the Secretary is, for any other reason, unable to perform the duties of his office.

Officers and staff of Commission

The Commission may appoint any officers from any government agency on secondment basis to be its investigators.

The Commission may appoint such number of legal officers as may be necessary who shall be seconded from amongst officers of the Judicial and Legal Service to assist the Commission.

An officer of the Commission having, directly or indirectly, by himself, a member of his family or his associate, any interest or connection to a member of the police force under investigation by the Commission shall disclose his interest or connection forthwith to the Chairman and shall not be involved in any investigation conducted by the Commission as regards that member of the police force.

Consultants

A person engaged under subsection (1) having directly or indirectly, by himself, a member of his family or his associate, any interest or connection to a member of the police force under investigation by the Commission shall disclose his interest or connection forthwith to the Chairman and shall not be involved in any investigation conducted by the Commission as regards that member of the police force.

Committees

The Commission may appoint any of its members to be the chairman of a committee.

The Commission may appoint any member or officer of the Commission to be a member of any committee.

A committee shall be subject to and act in accordance with the direction given to the committee by the Commission.

The Commission may at any time discontinue or alter the constitution of a committee.

A member of a committee shall be paid such allowances as the Minister may determine.

Authority card

The authority card shall be signed by the Chairman of the

Commission and such card shall be prima facie evidence of the appointment under this Act.

A member or an officer of the Commission acting under this Act shall, on demand, declare his office and produce the authority card issued to him to the person against whom he is acting or from whom he seeks any information.

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Use of officers, staff or facilities of government department, etc.

any staff or facilities of a government department or a local or statutory authority; or

any government officer including a member of the police force, to cooperate with, or assist in the exercise of its duties, or to assist the Commission in the performance of its functions under this Act.

It shall be the duty of the government departments or local or statutory authority or government officer referred to in subsection (1) to comply with a request under this section.

Consultation with other agencies

any act or inaction which is contrary to any written law;

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any act or inaction which is unreasonable, unjust, oppressive or improperly discriminatory; and

any act or inaction which is committed on improper motives, irrelevant grounds or irrelevant consideration.

Notwithstanding subsection (1), misconduct shall not include any act regulated under sections 96 and 97 of the

Police Act 1967.

Complaints Committee

A complaint in writing shall include the following:

The Complaints Committee shall deliberate on the complaint received and decide on the classification of such complaints as specified in section 25.

Classification of complaints

where the complaint involves any offence under Part IV of the Malaysian Anti-Corruption Act 2009 [Act 694], the complaint shall be referred to the Malaysian

Anti-Corruption Commission;

where the complaint involves any criminal offence under any other written law, the complaint shall be referred to the relevant authority;

where the complaint involves any misconduct mentioned in section 22, the complaint shall be referred to any officer of the Commission for investigation;

where the complaint involves any act regulated under sections 96 and 97 of the Police Act 1967, the complaint shall be referred to the Head of Department responsible for the member of the police force complained against;

and

where—

the complaint is frivolous, vexatious or not made in good faith or the subject matter of the complaint is trivial;

the complaint has been withdrawn by the complainant, the Complaints Committee shall refer the complaint to the Commission and make a recommendation for the

Commission to reject the complaint.

Responsibility to refer incident involves sexual crime etc., against person in detention or custody 26.

The police force shall refer to the Commission any incident which involves sexual crime against, or any incident which has resulted in grievous hurt to or death of, any person in the detention or custody of a member of the police force as soon as practicable.

order any member of the police force or officer of a public body through his Head of Department, or any person to attend before the officer of the Commission for the purpose of being examined orally in relation to any matter which may, in the opinion of such officer of the Commission, assist in the investigation; or

order any member of the police force or officer of a public body through his Head of Department, or any person, to furnish, within the time specified by the officer of the Commission, a statement in writing made

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on oath or affirmation setting out in the statement all such information which may be required under the notice, being information which may, in the opinion of such officer of the Commission, assist in the investigation.

Any member of the police force, officer of a public body or person to whom a written notice has been given under paragraph (1)(a)—

The officer of the Commission in examining any member of the police force, officer of a public body or person under paragraph (1)(a) shall record in writing any statement made by the member of the police force, officer of a public body or person and the statement so recorded shall be read to and signed by the member of police force, officer of a public body or person, and where such member of the police force, officer of a public body or person refuses to sign the record, the officer of the Commission shall endorse on the record under the hand of the officer of the

Commission the fact of such refusal and the reasons for the refusal, if any, stated by the member of the police force, officer of a public body or person examined.

The member of the police force, officer of a public body or person examined under paragraph (1)(a) shall be legally bound to answer all questions put to him by the officer of the Commission, but the member of the police force, officer of a public body or person examined—

Any member of the police force, officer of the public body or person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Power to obtain documents or other things

A notice under this section—

The notice under this section may provide that the requirement under subsection (2) may be satisfied by any other person acting on behalf of any member of the police force, officer of a public body or person and may, but need not, specify the person or class of persons who may so act.

Any member of the police force, officer of a public body or person who has been served with a notice under this section—

Where a document requested by the Commission is a classified document, such document shall be dealt with under the Official Secrets Act 1972 [Act 88].

Where any member of the police force or officer of a public body is of the opinion that a document or other thing as requested by the Commission contains information prejudicial to national security or national interest, such member of the police force or officer of a public body shall obtain the approval of their respective Head of Department prior to producing such document or other thing to the Commission.

Findings of investigation

The Complaints Committee may, upon considering the findings of the officer of the Commission, submit the findings and recommendations to the Commission.

Action by Commission after considering findings and recommendations of Complaints Committee

where the findings disclose any offence under Part IV of the Malaysian Anti-Corruption Act 2009, refer the findings to the Malaysian Anti-Corruption Commission;

where the findings disclose any criminal offence under any written law, refer the findings to the relevant authority;

where the findings disclose any misconduct, refer the findings of misconduct to the Police Force Commission with the recommendation for disciplinary action; and

where the findings disclose no misconduct, reject the complaint and inform the relevant Head of Department.

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If the Commission is not satisfied with the findings and recommendations by the Complaints Committee under subsection 29(2), the Commission may direct a Task Force to make further investigation.

The Commission shall record the findings mentioned in subsection (1) and inform the complainant of the action taken on the complaint.

Task Force

The members of the Task Force may comprise of the officers of the Commission and the consultants engaged under section 17.

Sections 27, 28 and 29 and subsections 30(1) and (2) shall apply mutatis mutandis to the investigation conducted by the Task Force.

Commission may initiate investigation

The investigation referred to in subsection (1) shall be conducted in accordance with Part V of this Act.

A person who threatens, insults or injures any person for having given evidence, or on account of the evidence which the person has given before the Commission commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Giving false information to Commission

The Commission may request from the police force or any relevant authority any other general information relating to the functions of the Commission under section 4 and powers of the

Commission under section 5.

The police force or any relevant authority shall inform the Commission of such action taken arising from the supply of information by the Commission under subsection (1) within the time specified by the Commission.

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Protection from liability

Subject to this Act, a person summoned to attend or when appearing before the Commission as a witness, or producing a document or other thing to the Commission has the same protection as a witness in any proceedings in the Court.

No criminal or civil liability apart from this Act attaches to a person for compliance, or purported compliance in good faith, with any requirement made under this Act; in particular, if a person gives any record of examination or a written statement on oath or affirmation or produces any document or other thing under this Act, no civil liability attaches to the person for doing so, whether that liability would arise under a contract or otherwise.

No evidence, document or findings of the Commission under this Act shall be admissible in any civil or criminal proceedings whatsoever against the person who gave the evidence if the person objects to giving any record of examination or a written statement on oath or affirmation or produces any document or other thing.

Allocation of annual funds

The report shall contain a list of all matters referred to the

Commission and the action taken in respect of the matters.

Public Authorities Protection Act 1948

no member of the Commission, officer of the Commission, consultant or member of Task Force whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties; and

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no other person who has by any means access to any information or documents relating to the affairs of the

Commission shall disclose such information or document.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Institution and conduct of prosecution

to protect the safety of any such person; or

to protect any such person from intimidation or harassment.

In this section, a reference to a person who is assisting the

Commission shall be a reference to a person who—

Without prejudice to the generality of subsection (1), such regulations may prescribe the procedures on the referral of incident relating to sexual crime, grievous hurt and death under section 26.

The regulations made under this section may prescribe any act in contravention of the regulations to be made an offence and may prescribe penalties of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two years or both for such offence.

Transitional provisions

any pending complaints under section 23 of the

Enforcement Agency Integrity Commission Act 2009;

any pending investigations under section 25, subsection 27(4) and section 28 of the Enforcement

Agency Integrity Commission Act 2009;

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any pending findings of the Complaints Committee and findings of the Commission under sections 26 and 30

of the Enforcement Agency Integrity Commission Act 2009

respectively; and

any pending hearing under section 34 of the Enforcement

Agency Integrity Commission Act 2009.

KUALA LUMPUR