Kuala Lumpur: The Legal Affairs Division (BHEUU) of the Prime Minister’s Department is spearheading initiatives to amend the Whistleblower Protection Act 2010 [Act 711] with the aim of bolstering protections for whistleblowers and improving the dissemination of information.
According to BERNAMA News Agency, the division has highlighted that the original enactment of Act 711 was intended to combat corruption and other misconduct by facilitating whistleblowers in reporting improper conduct, safeguarding them from adverse actions, and ensuring that their disclosures are thoroughly investigated and addressed.
The proposed amendments and enhancements to Act 711 are central to the National Anti-Corruption Plan (NACP) 2019-2023, specifically under Strategy 5, which focuses on institutionalising the credibility of law enforcement agencies, and Strategic Objective 5.3, which aims at strengthening law enforcement agencies.
These initiatives continue with the implementation of the National Anti-Corruption Strategy (NACS) 2024-2028. The proposed amendments to the Whistleblower Protection Act 2010 are incorporated under Strategy 4, focusing on enforcement.
Prime Minister Datuk Seri Anwar Ibrahim approved the proposed improvements to Act 711 on July 6, 2023, aligning them with national anti-corruption efforts. Subsequently, BHEUU organized more than 20 working committee meetings, five development and policy-setting workshops, and six engagement sessions involving various stakeholders, including government agencies, key enforcement agencies, and non-governmental organisations (NGOs), to conduct a comprehensive review of Act 711.
The division emphasized the importance of gathering feedback and advisory input from stakeholders and assessing the readiness of bodies entrusted with powers concerning the implementation mechanism and potential implications once the amendment is enforced.
In efforts to enhance Act 711’s functions, BHEUU incorporated crucial feedback from various agencies and NGOs to ensure its positive impact on the national justice system and society. The proposed policy includes amendments to the proviso in Section 6 regarding the disclosure of improper conduct, aligning it with the definition of improper conduct under Section 2 of Act 711.
Additional improvements involve Section 11 of Act 711, concerning the revocation of protection for whistleblowers, allowing extended protection if disclosures are made in good faith and devoid of personal interest. The proposal also introduces a reward calculation method through regulations under Act 711, leveraging ministerial powers under Section 27(1) of the Act, which will be gazetted for enforcement.
Furthermore, the proposal includes providing whistleblowers with physical protection through the Witness Protection Program under the Witness Protection Act 2009 [Act 696]. BHEUU has also proposed establishing an interim Whistleblower Protection Committee to strengthen the management and coordination of whistleblower protection under Act 711 before forming a permanent central agency.
The committee is intended to serve as a benchmark for defining the central agency’s true role and appropriate procedures for handling various scenarios involving the disclosure of improper conduct through different agencies. BHEUU added that with accurate policy design, the amendment not only protects whistleblowers but also boosts public confidence, encouraging more individuals to come forward to expose improper conduct.
This proposed amendment will assist the government in fostering a MADANI society that rejects misconduct, corruption, and violations of integrity in daily life.