INDEPENDENT POLICE CONDUCT COMMISSION ACT 2022

Independent Police Conduct Commission LAWS OF MALAYSIA Act 839 INDEPENDENT POLICE CONDUCT COMMISSION ACT 2022 1 2 Laws of Malaysia Act 839 Date of Royal Assent ... ... 8 October 2022 Date of publication in the Gazette ... ... 18 October 2022 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Independent Police Conduct Commission LAWS OF MALAYSIA Act 839 IINDEPENDENT POLICE CONDUCT COMMISSION ACT 2022 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II ESTABLISHMENT, FUNCTIONS AND POWERS OF COMMISSION 3. Establishment of Commission 4. Functions of Commission 5. Powers of Commission 6. Members of Commission 7. Term of office 8. Remuneration 9. Vacation of office 10. Meetings 11. Temporary exercise of functions of Chairman 12. Disclosure of interest 13. Delegation of functions and powers of Commission 3 4 Laws of Malaysia Act 839 Part III ADMINISTRATION Section 14. Secretary 16. Officers and staff of Commission 15. 17. 18. 19. 20. 21. Temporary exercise of functions of Secretary Consultants Committees Authority card Use of officers, staff or facilities of government department, etc. Consultation with other agencies Part IV COMPLAINT OF MISCONDUCT 22. Scope of misconduct 24. Complaint against member of police force 23. 25. 26. Complaints Committee Classification of complaints Responsibility to refer incident involves sexual crime etc., against person in detention or custody Part V POWERS OF INVESTIGATION 27. Power to examine persons 29. Findings of investigation 28. 30. 31. 32. Power to obtain documents or other things Action by Commission after considering findings and recommendations of Complaints Committee Task Force Commission may initiate investigation Part VI OFFENCES 33. 34. Threats against person who gives evidence Giving false information to Commission Independent Police Conduct Commission Part VII MISCELLANEOUS Section 35. Supply of information 36. Protection from liability 37. Allocation of annual funds 38. Statutory Bodies (Accounts and Annual Reports) Act 1980 39. Annual report 40. Public Authorities Protection Act 1948 41. Public servant 42. Obligation of secrecy 43. Institution and conduct of prosecution 44. Protection of person assisting Commission 45. Police force to assist Commission 46. Regulations 47. Transitional provisions 5 6 Laws of Malaysia Act 839 7 Independent Police Conduct Commission LAWS OF MALAYSIA Act 839 INDEPENDENT POLICE CONDUCT COMMISSION ACT 2022 An Act to provide for the establishment of the Independent Police Conduct Commission as an independent oversight body and to provide for its functions and powers, including powers on matters relating to complaints of misconduct and its investigation, and for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Independent Police Conduct Commission Act 2022. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 8 Laws of Malaysia Act 839 Interpretation 2. In this Act, unless the context otherwise requires— “member of the police force” means any member of the police force established under Article 132 of the Federal Constitution; “member of the Commission” means the Chairman, Deputy Chairman and other members of the Commission appointed under section 6; “public body” means— (a) the Government of Malaysia; (b) the Government of a State; (c) any local authority and any other statutory authority; and (d) 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”— (a) 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 (b) in relation to a public body, means an officer charged with the responsibility for a public body; Independent Police Conduct Commission 9 “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. Part II ESTABLISHMENT, FUNCTIONS AND POWERS OF COMMISSION Establishment of Commission 3. (1) The Independent Police Conduct Commission is established. (2) The Commission shall be a body corporate and shall have perpetual succession and a common seal. (3) The Commission may sue and be sued in its name. (4) The Commission may, upon such terms as the Commission thinks fit and for the purposes of this Act— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest in the property vested in the Commission. 10 Laws of Malaysia Act 839 Functions of Commission 4. The functions of the Commission shall be as follows: (a) to promote integrity within the members of the police force; (b) 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; (c) to protect the interest of the public by dealing with misconduct of any member of the police force; and (d) to formulate and put in place mechanism for receiving complaints and investigation of misconduct of any member of the police force. Powers of Commission 5. (1) The Commission shall have the power and may do all things necessary for or in connection with, or incidental to, the performance of its functions under this Act. (2) Without prejudice to the generality of subsection (1), the Commission may— (a) advise the Government on the enhancement of the well-being and welfare of members of the police force; (b) visit any place and premises such as police stations, police quarters, lock-ups and detention centres by giving early notice to the relevant Head of Department and to make any necessary recommendations; (c) receive and assess any written complaint of misconduct from any person against any member of the police force and investigate the complaint; (d) collect evidence relating to any written complaint and investigation of misconduct under this Act; and Independent Police Conduct Commission 11 (e) make a recommendation for disciplinary action against any misconduct committed by any member of the police force to the Police Force Commission. Members of Commission 6. (1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint not more than seven members of the Commission, one of whom shall be appointed as the Chairman and another as the Deputy Chairman. (2) The members of the Commission shall be subject to such terms as may be specified in the instrument of appointment. (3) 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 7. (1) Subject to subsection (2), a member of the Commission shall hold office for a term not exceeding three years as may be specified in his instrument of appointment and he shall be eligible for reappointment. (2) A member of the Commission may at any time resign his office by letter addressed to the Yang di-Pertuan Agong. (3) 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 8. A member of the Commission shall be paid such remuneration and allowances as the Prime Minister may determine. 12 Laws of Malaysia Act 839 Vacation of office 9. The office of a member of the Commission shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment or fine of not more than two thousand ringgit; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from three consecutive meetings of the Commission without leave of the Chairman; (f) he is elected or appointed as a member of a House of Parliament or the State Legislature of any State; (g) h i s r e s i g n a t i o n h a s b e e n a c c e p t e d b y t h e Yang di-Pertuan Agong; (h) h i s a p p o i n t m e n t h a s b e e n r e v o k e d b y t h e Yang di-Pertuan Agong; or (i) his term of appointment has expired. Meetings 10. (1) The Commission shall meet at least twice a month or as often as may be necessary for the performance of its functions. (2) The Chairman shall preside at all meetings of the Commission. Independent Police Conduct Commission 13 (3) The quorum of a meeting of the Commission shall be three. (4) 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. (5) The Commission shall cause minutes of all its meetings to be maintained and kept in a proper form. (6) 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. (7) The Commission shall regulate its own proceedings. Temporary exercise of functions of Chairman 11. Notwithstanding subsection 10(2), where the Chairman is unable to perform his functions for any reason, or during any period of vacancy in the office of the Chairman, the Deputy Chairman or, if the Deputy Chairman is unavailable, any member of the Commission appointed by the other members of the Commission shall perform the functions of the Chairman. Disclosure of interest 12. (1) A member of the Commission having, directly or indirectly, by himself, a member of his family or his associate, any interest in any matter under discussion by the Commission or in any discussion on a misconduct before the Commission shall disclose to the Commission the fact and nature of his interest. (2) 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. 14 Laws of Malaysia Act 839 Delegation of functions and powers of Commission 13. (1) The Commission may delegate its functions and powers to— (a) any member of the Commission; (b) any offic