Malaysia legislation
Section 21
Section 21
―(1) An Ombudsman or any authorized officer making an investigation under this Part, may call and orally examine any person who may be acquainted with the facts and circumstances of the complaint.
(2)
Such person shall be legally bound to answer all questions put to him by the Ombudsman or any authorized officer, but the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or forfeiture.
(3)
A person making a statement under this section shall be legally bound to state the truth whether or not the statement is made wholly or partly in answer to any question.
(4)
The Ombudsman or any authorized officer shall first inform that person of subsections (2) and (3).
(5)
A statement made by a person under this section shall, whenever possible, be reduced to writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish.
Procedure after investigation 22.―(1) Where, upon completion of any investigation under section 20, the Ombudsman is of the opinion that there is maladministration, he shall—
(a)
refer to the appropriate authority for further action;
(b)
recommend that the action or omission should be rectified;
(c)
recommend that the decision should be reviewed or varied;
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(d)
recommend that any law or practice on which the decision, recommendation, act, or omission was based should be reviewed;
(e)
recommend that reasons should be given for the decision to the complainant; or
(f)
recommend that any other steps should be taken.
(2)
The Ombudsman shall report his opinion, and his reasons therefor, to the appropriate public service agency and may make such recommendations as he thinks fit and in any such case he may request the public service agency to notify him, within a specified time, of the steps that it proposes to take to give effect to his recommendations.
(3)
If within a reasonable time after the report is made, no action is taken which seems to an Ombudsman to be adequate and appropriate, the Ombudsman, may, after considering the comments made by or on behalf of any public service agency affected, make a report as provided for under section 44.
(4)
In the event that the Ombudsman, after completing his investigation, is of the opinion that there is no maladministration, the
Ombudsman shall notify the complainant through a written report on his decision and a copy of the report shall be given to the public service agency affected.
Mediation 23.―(1) The Chief Ombudsman may decide to deal with a complaint by mediation after having taken into consideration all the circumstances of the complaint.
(2)
The Chief Ombudsman may authorise any person to act as a mediator in any mediation.
(3)
The complainant and the public service agency affected shall participate in the mediation on their own without undue pressure or influence from any other parties, and either or both the complainant and the public service agency may withdraw at any time.
(4)
The mediator may, as circumstances warrant, decide to terminate the mediation at any time.
(5)
In the event the mediation is unsuccessful:
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(a)
the complaint is to be treated as if the mediation had not taken place; and
(b)
the mediator is excluded from participating as an investigating officer in any subsequent investigation of the complaint.
(6)
Matters discussed and documents prepared for the purpose of such mediation, except for any document which has been in possession of the parties before the mediation, shall not:
(a)
be admissible as evidence in any subsequent investigation of the complaint concerned unless the person who said or admitted the thing, or to whom the document related, consents to its admission; and
(b)
be admissible in evidence against any person in any court or at any inquiry or in any other proceedings and no evidence in respect of the mediation may be given against any person.
Protection of complainant, witness 24.
Notwithstanding any written law to the contrary, any report through any means on a complainant or witness shall not reveal or contain—
(a)
the name;
(b)
the address;
(c)
the picture of the complainant, witness, or any other person, place or thing which may lead to the identification of the complainant or witness; or
(d)
any evidence or any other thing likely to lead to the identification of the complainant or witness.
Evidence 25.—
(1)
An Ombudsman may from time to time require any person who in his opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him any such information, and to produce any document or paper or thing which in his opinion relate to any such matter as aforesaid and which may be in the possession or under the control of that person.
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(2)
This section shall apply to any person who is an officer, employee, or member of any public service agency, and whether or not such documents, papers, or things are in the custody or under the control of any public service agency.
(3)
The Ombudsman may administer an oath or affirmation to a person appearing as a witness before him and may examine the witness on oath or affirmation.
(4)
Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and papers and things as witnesses have in any court.
Action taken by other relevant authorities 26.
Nothing in this Ordinance shall be construed to restrict other relevant authorities from taking any action under any written law.