PUTRAJAYA: The Legal Affairs Division (BHEUU) of the Prime Minister’s Department is leading efforts to amend the Whistleblower Protection Act 2010 [Act 711] to strengthen protections for whistleblowers and enhance the effectiveness of information dissemination
In a statement today, the division said that the enactment of Act 711 was aimed at combating corruption and other misconduct by facilitating whistleblowers to report improper conduct, protecting them from detrimental actions, and ensuring that the disclosures were appropriately investigated and addressed.
“The proposed amendment and improvement of Act 711 are also key initiatives under the National Anti-Corruption Plan (NACP) 2019-2023, falling under Strategy 5: Institutionalising the Credibility of Law Enforcement Agencies and Strategic Objective 5.3: Strengthening Law Enforcement Agencies,” it said.
These efforts are further continued with the implementation of the National Anti-Corruption Strategy (NACS) 2024-2028, where the proposed amendment to the Whistleblower Protection Act 2010 is included under Strategy 4 (Enforcement).
The proposed improvements to Act 711, in line with the National Anti-Corruption efforts, were agreed upon by Prime Minister Datuk Seri Anwar Ibrahim on July 6, 2023.
Following that, BHEUU stated that over 20 working committee meetings, five development and policy-setting workshops, and six engagement sessions were held with various stakeholders, including government agencies, key enforcement agencies, and non-governmental organisations (NGOs), to review Act 711 as a whole.
“It is important to gather feedback and advisory input from stakeholders, as well as assess the readiness of bodies entrusted with powers regarding the implementation mechanism and any implications that may arise when this amendment is enforced,” according to the statement.
BHEUU stated that as part of the improvement efforts to enhance the functions of Act 711, important feedback from various agencies and NGOs was taken into account to ensure its positive impact on the national justice system and society at large.
The proposed policy includes, among other things, amending the proviso in Section 6 regarding the disclosure of improper conduct to align it with the definition of improper conduct under Section 2 of Act 711.
It also includes improvements to Section 11 of Act 711 regarding the revocation of protection for whistleblowers, allowing protection to be extended if the disclosure is made in good faith and is free from any personal interest.
The proposal also covers the introduction of a reward calculation method through regulations under Act 711, utilising ministerial powers under Section 27(1) of the Act, which will be gazetted for enforcement.
It also includes a proposal to provide whistleblowers with physical protection through the Witness Protection Program under the Witness Protection Act 2009 [Act 696].
BHEUU further stated that it had proposed the establishment of an interim Whistleblower Protection Committee to strengthen the management and coordination of whistleblower protection under Act 711 prior to the formation of a permanent central agency.
“This committee can also serve as a benchmark for defining the true role of the central agency and the appropriate procedures for handling various scenarios involving the disclosure of improper conduct through different agencies,” the statement said.
BHEUU added that, through accurate policy design, the amendment not only provided protection to whistleblowers but could also help boost public confidence, encouraging more individuals to come forward to expose any improper conduct.
“This proposed amendment will assist the government in creating a MADANI society that rejects misconduct, corruption, and violations of integrity in daily life,” it said.
