Malaysia legislation
Section 26
Section 26
(2)
Where the Complaints Committee is satisfied that an offence under Part IV of the Malaysian Anti-Corruption
Commission Act 2009 is disclosed, the Complaints Committee shall immediately make a report to the Commission of the complaint together with a recommendation to refer the complaint to the
Malaysian
Anti-Corruption
Commission for the
Commission’s consideration.
(3)
Where the Complaints Committee is satisfied that a misconduct as specified in section 24 is disclosed and that there is a basis for the Commission to commence a full investigation, the
Complaints Committee shall immediately make a report to the
Commission of the complaint together with a recommendation for the
Commission to commence a full investigation into the misconduct for its consideration.
Enforcement Agency Integrity Commission 23
(4)
Where the Complaints Committee is satisfied that—
(a)
the complaint does not fall within the scope of misconduct as specified in section 24;
(b)
the complaint is of a frivolous or vexatious nature, or it was not made in good faith;
(c)
the subject matter of the complaint is trivial;
(d)
the misconduct complained of occurred too remote a time to justify an investigation;
(e)
there is or was available to the complainant an alternative and satisfactory means of redress; or
(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, the Complaints Committee shall make a report to the Commission of the complaint and its finding, including the grounds for its finding, and make a recommendation for the Commission to reject the complaint.
Action by Commission after Complaints Committee’s findings