Allowing whistleblower protection if disclosures are made in good faith and free from personal interest was among the improvements proposed to the Whistleblower Protection Act 2010 (Act 711).

The Legal Affairs Division of the Prime Minister’s Department in a statement said the proposed amendments also include the introduction of a reward calculation method, using ministerial powers.

Also included was a proposal to provide whistleblowers with physical protection through the Witness Protection Program under the Witness Protection Act 2009 (Act 696).

The division said Act 711 was aimed to combat corruption and other misconduct by facilitating whistleblowers to report improper conduct, protect them from detrimental actions, and ensure the disclosures are 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 were agreed to by Prime Minister Anwar Ibrahim on July 6, 2023.

Following that, the Legal Affairs Division said 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 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,” the statement read.

The division said that as part of 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 others, 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.

Interim committee

The division further said it 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 read.

The division added that, through accurate policy design, the amendment not only provides 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.

- Bernama

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