KUALA LUMPUR: The Independent Police Conduct Commission (IPCC) Act 2020 bill has been tabled for its first reading in the Dewan Rakyat today by Deputy Home Minister Datuk Seri Ismail Mohamed Said.
This will replace the recently withdrawn Independent Police Complaints and Misconduct Commission (IPCMC) bill introduced by the previous government.
The IPCC bill will fall under the Home Ministry's purview instead of the Prime Minister's Department (Parliament and Law).
The commission will be an independent oversight body to improve the integrity, reduce misconduct and promote public confidence in the force.
Its functions include advising Putrajaya on measures to promote police integrity, protecting public interest on police misconduct and to formulate mechanism on receiving public complaints.
The commission will have the powers to advise the government on enhancing police officers' well-being, visit any premises related to the police force, receive, assess and investigate a written complaint of misconduct, collect evidence relating to the misconduct and make recommendations for disciplinary actions against the policeman or officer involved.
Instead of having 10 members under the now-revoked IPCMC, the IPCC will consist of seven members including a chairman and a deputy chairman.
The proposed disciplinary board under the previous IPCMC bill was not part of the new bill but the establishment of a complaints committee would remain.
The bill provided for a police officer to be considered as committing misconduct if the person acts in contrary to any existing law, being unreasonable, unjust, oppressive, improperly discriminatory or committing any action on improper motives, irrelevant grounds or irrelevant consideration.
The bill stated any complaint against a police officer would have to be made in writing and addressed to the complaints committee.
"A complaint in writing, shall include particulars of the complainant, the involved member of the police force, the misconduct complained of, the person affected by the misconduct and any other detail including photographs and documents that the complainant thinks appropriate or necessary to include in the complaint," the bill read.
Members of the commission would also have the power to issue a written notice to an officer to examine him or her and that the person would be legally bound to extend full cooperation to the IPCC.
"Any member of the police force, an officer of the public body or person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding two years or both."
All complaints to the commission, following investigations by its members, would then be submitted to the complaints committee.
The findings and recommendations by the complaints committee could either be forwarded to relevant agencies such as the Malaysian Anti-Corruption Commission and other relevant authorities, or the commission could direct a task force to make further investigation.
The bill provided for the IPCC to establish several task forces to assist the commission in its investigation.
"The commission may commence an investigation of misconduct on its initiative but only if the commission is satisfied that it is in the public interest to do so whether or not there is a complaint of misconduct relating to it."
The proposed bill would also protect complainants in which those found guilty of threatening, insulting, causing injuries or stopping a person from giving evidence will be liable to a fine up to RM10,000 or imprisonment of two years maximum or both.
For those found guilty of giving false information or complaints would be liable to a fine up to RM20,000 or jail term of five years maximum or both.
The IPCC bill also protects commission members against liability, given that they carried out their functions in good faith. Under this particular clause, no action, suit, prosecution or proceeding could be instituted against the commission members.
The commission would also need to submit and table an annual report of all its activities to the parliament, the latest would be by the second parliamentary meeting of the year.
"The report shall contain a list of all matters referred to the commission and the action taken in respect of the matters," the bill read.
The proposed bill will require extra financial expenditure from the government. However, the amount is yet to be announced.