Malaysia legislation

Section 23

of *ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009

Section 23

(2)

A complaint shall be made in writing and shall include the following:

(a)

particulars of the complainant;

(b)

particulars of the enforcement officer, if identifiable, whose action or inaction is the basis of the complaint, or if not identifiable, a description or any other particulars that are sufficient to enable him to be identified;

(c)

particulars of the misconduct complained of, including the date of and place where the misconduct occurred;

20 Laws Of Malaysia ACT 700

(d)

particulars of the person affected by the act or inaction of the enforcement officer, if that person is not the complainant;

(e)

particulars of any other person who was present during or involved in the act or inaction complained of, if any; and

(f)

any other details, including photographs and documents, that the complainant deems appropriate or necessary to include in the complaint.

(3)

Notwithstanding subsection (2), a complaint shall not be rejected for want of any of the particulars or details specified in paragraphs (2)(a) to (f) unless the complaint becomes impossible or impracticable to be assessed without such particulars or details.

(4)

The Complaints Committee shall immediately record all complaints received by the Commission in the Register of

Complaints and assess the complaints as to whether—

(a)

the conduct complained of is within the scope of misconduct as specified in section 24;

(b)

the complaint is frivolous, vexatious or not in good faith;

(c)

the subject matter of the complaint is trivial;

(d)

the misconduct complained of occurred at too remote a time to justify an investigation;

(e)

there is or was available to the complainant an alternative and satisfactory means of redress; and

(f)

the subject matter of the complaint has been finally determined by any court or is the subject matter of any proceedings pending in any court, including any appeal proceedings.

Enforcement Agency Integrity Commission 21

Scope of misconduct

Section 23 — AKTA SURUHANJAYA INTEGRITI AGENSI PENGUATKUASAAN 2009