Scope of misconduct
(1) Any conduct falling under any of the following descriptions shall amount to a misconduct:
(a) any act or inaction which is contrary to any written law;
(b) any act or inaction which is unreasonable, unjust, oppressive or improperly discriminatory; and
(c) any act or inaction which is committed on improper motives, irrelevant grounds or irrelevant consideration.
(2) Notwithstanding subsection (1), misconduct shall not include any act regulated under sections 96 and 97 of the Police Act 1967.
Complaints Committee
The Commission shall establish a Complaints Committee which shall consist of such number of officers of the Commission.
Complaint against member of police force
(1) Any complaint made by any person against a member of the police force shall be made in writing and be addressed to the Complaints Committee.
(2) A complaint in writing shall include the following:
(a) particulars of the complainant;
(b) particulars of the member of the police force, 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;
(d) particulars of the person affected by the act or inaction of the member of the police force, 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 thinks appropriate or necessary to include in the complaint.
(3) 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
The classification of complaints shall be as follows:
(a) 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;
(b) where the complaint involves any criminal offence under any other written law, the complaint shall be referred to the relevant authority;
(c) where the complaint involves any misconduct mentioned in section 22, the complaint shall be referred to any officer of the Commission for investigation;
(d) 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
(e) where—
(i) the complaint is frivolous, vexatious or not made in good faith or the subject matter of the complaint is trivial;
(ii) the misconduct complained of occurred at too remote a time to justify an investigation;
(iii) 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;
(iv) the complaint is repetitious and contains no fresh allegation which would significantly affect the content of the complaint; or
(v) 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
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.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
