PETALING JAYA: Deputy Minister for Law and Institutional Reform M. Kulasegaran told Parliament today (March 4) that the proposed amendments to the Whistleblower Protection Act 2010 are scheduled to be tabled this year.
In fact, Prime Minister Datuk Seri Anwar Ibrahim said in Feb 2023 it was among his main focus now as there were many whistleblowers including civil servants who may feel insecure and unsafe to report such cases due to pressure.
So, what is the current Whistleblower Protection Act and how does it protect whistleblowers?
The Whistleblower Protection Act 2010 was enacted to encourage and facilitate disclosure of improper conduct in both the public and private sectors.
Under the act, the range of protection goes as far as protection of confidential information; immunity from civil and criminal action; and protection from detrimental action.
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However, the protection will be revoked if:
-the whistleblower participated in the improper conduct
-the whistleblower questions the merits of a government policy
-the whistleblower commits an offence under this Act
-the whistleblower’s disclosure is frivolous or vexatious
-the whistleblower’s disclosure is made solely to avoid dismissal or disciplinary action
Where can one go to disclose the information?
As for now, they can go any enforcement agency as Malaysia Police (RMP), Malaysian Anti-Corruption Commission (MACC), Road Transport Department (RTD), the Immigration Department of Malaysia and other enforcement agencies.
What’s the next step?
The whistleblower can then make the disclosure orally or in writing while the authorised officer puts it into writing. They then has the option of filing the disclosure via e-mail, phone or letter but the whistleblower is required to be present for purpose of verification.
The whistleblower will then be contacted by the authorised officer to attend an appointment so that protection under the Act can be implemented.
**What can the whistleblower do if they are subjected to harmful actions?**
They may claim remedies from the court and this can come in three forms; damages or compensation, injunction or any other relief as the court thinks fit.
So how will the proposed amendment improve the current Whistleblower Protection Act?
“The proposed amendment to improve Act 711 will allow whistleblower protection to be implemented in an exclusive, effective manner, and subsequently, able to reflect a neutral atmosphere, more transparency and impartiality in the handling of all complaints of inappropriate behaviour from whistleblowers,” Kulasegaran was quoted as saying.
The proposed amendment will also involve the establishment of a centralised agency with special training and procedures to protect whistleblowers and be able to resolve all matters related to Act 711.
Kulasegaran believes that amendments to Act 711 will enable the government to strengthen good governance and increase public confidence in efforts to combat corruption as a whole, to achieve the goal of good governance and eradicate corruption.
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