KUCHING: The Whistleblower Protection Act 2010 (Act 711) to be enforced next month would help to expose improper conduct by public and private sector employees and aid the government in its effort to fight corruption.
ATTENTIVE: A section of government officers and representatives of non-governmental agencies who attended the briefing at Wisma Bapa Malaysia at Petra Jaya yesterday.
Approved in Parliament on May 6, the act would be implemented by all enforcement agencies such as the Malaysian Anti Corruption Commission, Police Force, Customs, Immigration, Road Transport Department and all other agencies including ministries and departments under federal and state governments with investigative and enforcement authority.
The Legal Affairs Division of the Prime Minister’s Department (BHEUU) would be the coordinator for all the enforcement agencies relating to Act 711.
As an initiative to fight corruption, the enforcement of the act was also hoped to increase integrity and professionalism among workers in all sectors and most importantly, the government.
“Under the Whistleblower Protection Act 2010 (Act 711) Section 6(1), it is stated that a person may make a disclosure of improper conduct to any enforcement agency based on his reasonable belief that any person has engaged, is engaging or is preparing to engage in improper conduct.
“Provided that such disclosure is not specifically prohibited by any written law,” said an officer from the Attorney General’s Office Hamidun Datuk Abdul Fatah when briefing government officers and representatives of non-governmental bodies on the act at Wisma Bapa Malaysia, Petra Jaya yesterday.
He also said that under Section 6(2), a disclosure of improper conduct under subsection (1) may also be made although the person making the disclosure may not be able to identify a particular person to which the disclosure relates or although the improper conduct has occurred before the commencement of this act.
Information acquired of any improper conduct of the said person while he was an officer of a public body or an officer of a private body is also relevant.
Hamidun who was also part of the team who drafted the act also said that a disclosure of improper conduct under subsection (1) may also be made orally or in writing provided that the authorised officer, upon receiving any disclosure made orally, shall as soon as it is practicable, reduce it into writing.
In addition, disclosure made in relation to a member of parliament or a state legislative assembly shall not amount to a breach of privilege and any provision in any contract of employment shall be void in so far as it purports to preclude the making of a disclosure of improper conduct.
Hamidun also pointed out that anybody who has any report to make, need not worry as under Section 7(1), a whistleblower shall, upon receipt of the disclosure of improper conduct by any enforcement agency under Section 6, be conferred with whistleblower protection under this act as follows: (a) protection of confidential information; (b) immunity from civil and criminal action; and (c) protection against detrimental action.
For the purpose of paragraph (c), the protection shall be extended to any person related to or associated with the whistleblower.
“A whistleblower protection conferred under this section is not limited or affected in the event that the disclosure of improper conduct does not lead to any disciplinary action or prosecution of the person against whom the disclosure of improper conduct has been made,” he explained.
BHEUU chief director Dato Saripuddin Kasim who spoke earlier, mentioned that the act was in line with the objective of one of the six National Key Result Areas (NKRAs).
“The protection act also complements other acts regarding protecting the whistleblower. Being part of our Government Transformation Programme (GTP), this act would bring back the people’s trust on the government and enforcement agencies.
“Hopefully this act will encourage people to come out and report any activity or misconduct that could be identified as corruption and help us combat abuse of power in both government and private sectors,” added Saripuddin.
With the act soon to be enforced, he urged all relevant agencies and departments to prepare all the needed Standard Operating Procedure (SOP) forms.
Malaysia is a member of United Nations Convention Against Corruption (Uncac). Uncac is the first international corruption prevention mechanism that has legal implication.
Under Uncac, members must implement corruption prevention methods as a whole involving the legal aspect, institutions and organisations in their countries.
To date, Malaysia is among the top countries in the world with an impressive clean corruption track record.
Also present at the briefing yesterday was acting deputy state secretary for Human Resource Datu Misnu Taha.