WHISTLEBLOWER PROTECTION ACT 2010

Whistleblower Protection LAWS OF MALAYSIA REPRINT Act 711 WHISTLEBLOWER PROTECTION ACT 2010 As at 1 November 2024 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2024 1 2 Act 711 Laws of Malaysia WHISTLEBLOWER PROTECTION ACT 2010 Date of Royal Assent … Date of publication in the Gazette … … … … 2 June 2010 … … … 10 June 2010 Whistleblower Protection LAWS OF MALAYSIA Act 711 WHISTLEBLOWER PROTECTION ACT 2010 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II ADMINISTRATION 3. General powers of enforcement agency 4. Power of Minister to issue directions 5. Co-operation with other agencies Part III WHISTLEBLOWER PROTECTION 6. Disclosure of improper conduct 7. Whistleblower protection 8. Protection of confidential information 9. Immunity from civil and criminal action 10. Protection against detrimental action 11. Revocation of whistleblower protection 3 4 Laws of Malaysia Act 711 Part IV DEALING WITH DISCLOSURE OF IMPROPER CONDUCT Section 12. Investigation of improper conduct 13. Finding of enforcement agency after investigation of improper conduct Part V COMPLAINTS OF DETRIMENTAL ACTION AND REMEDIES 14. Investigation into complaints of detrimental action and finding of enforcement agency after investigation 15. Remedies 16. Personal liability 17. Action for injunction 18. Power of the court 19. Relocation of place of employment Part VI ENFORCEMENT, OFFENCES AND PENALTIES 20. Power to investigate 21. Penalty for making false statement 22. Penalty for obstructing authorized officer 23. Penalty for destroying, falsifying, etc., document, etc. 24. Abetment and attempt 25. General penalty Part VII GENERAL 26. Rewards 27. Power of Minister to make regulations Whistleblower Protection 5 LAWS OF MALAYSIA Act 711 WHISTLEBLOWER PROTECTION ACT 2010 An Act to combat corruption and other wrongdoings by encouraging and facilitating disclosures of improper conduct in the public and private sector, to protect persons making those disclosures from detrimental action, to provide for the matters disclosed to be investigated and dealt with and to provide for other matters connected therewith. [15 December 2010; P.U. (B) 537/2010] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Whistleblower Protection Act 2010. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 6 Laws of Malaysia Act 711 Interpretation 2. In this Act, unless the context otherwise requires— “enforcement agency” means— (a) any ministry, department, agency or other body set up by the Federal Government, State Government or local government including a unit, section, division, department or agency of such ministry, department, agency or body, conferred with investigation and enforcement functions by any written law or having investigation and enforcement powers; (b) a body established by a Federal law or State law which is conferred with investigation and enforcement functions by that Federal law or State law or any other written law; or (c) a unit, section, division, department or agency of a body established by a Federal law or State law having investigation and enforcement functions; “public body” includes— (a) the Government of Malaysia; (b) the Government of a State; (c) any local authority and any other statutory authority; (d) any department, service or undertaking of the Government of Malaysia, the Government of a State, or a local authority; and (e) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c) or (d) has controlling power or interest; “private body” means an office or entity other than public body; “improper conduct” means any conduct which if proved, constitutes a disciplinary offence or a criminal offence; Whistleblower Protection 7 “disciplinary offence” means any action or omission which constitutes a breach of discipline in a public body or private body as provided by law or in a code of conduct, a code of ethics or circulars or a contract of employment, as the case may be; “confidential information” includes— (a) information about the identity, occupation, residential address, work address or whereabouts of— (i) a whistleblower; and (ii) a person against whom a whistleblower has made a disclosure of improper conduct; (b) information disclosed by a whistleblower; and (c) information that, if disclosed, may cause detriment to any person; “officer of a public body” means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such; “officer of a private body” includes any person who is a member, an office bearer, an officer, an employee, a servant, an employer, a proprietor, a partner and a director of a private body; “authorized officer” means any officer of any enforcement agency; “whistleblower” means any person who makes a disclosure of improper conduct to the enforcement agency under section 6; “whistleblower protection” means protection conferred to a whistleblower under this Act; 8 Laws of Malaysia Act 711 “detrimental action” includes— (a) action causing injury, loss or damage; (b) intimidation or harassment; (c) interference with the lawful employment or livelihood of any person, including discrimination, discharge, demotion, suspension, disadvantage, termination or adverse treatment in relation to a person’s employment, career, profession, trade or business or the taking of disciplinary action; and (d) a threat to take any of the actions referred to in paragraphs (a) to (c). Part II ADMINISTRATION General powers of enforcement agency 3. (1) The enforcement agency shall have the general direction, control and supervision of all matters relating to whistleblower protection. (2) For the purpose of this Act, the general powers of the enforcement agency are as follows: (a) to receive disclosure of improper conduct; (b) to enforce the whistleblower protection; (c) to deal with the disclosure of improper conduct; (d) to receive complaints of detrimental action; (e) to deal with complaints of detrimental action; and (f) to implement the provisions of this Act. (3) The enforcement agency shall have power to do all things expedient or reasonably necessary for, or incidental to, the exercise of his general powers under subsection (2). Whistleblower Protection 9 Power of Minister to issue directions 4. The Minister may give to the enforcement agency directions of a general character not inconsistent with this Act as to the exercise of the powers and discretions conferred on the enforcement agency by this Act and the duties required to be discharged by the enforcement agency under this Act and the enforcement agency shall give effect to all such directions. Co-operation with other agencies 5. (1) In exercising its investigation powers, any enforcement agency may work in co-operation with any other enforcement agencies and any Federal or State Government departments or other persons as the enforcement agency deems appropriate. (2) The enforcement agency may consult with and disseminate intelligence and information to any other enforcement agencies and such other persons as the enforcement agency deems appropriate. (3) If the enforcement agency disseminates intelligence or information to any other enforcement agency or person under subsection (2), that enforcement agency or person is subject to section 8. (4) Upon any request by the enforcement agency for co-operation for the purpose of implementing this Act, any person to whom such request is made shall render all such necessary assistance as required by the enforcement agency. Part III WHISTLEBLOWER PROTECTION Disclosure of improper conduct 6. (1) 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. 10 Laws of Malaysia Act 711 (2) A disclosure of improper conduct under subsection (1) may also be made— (a) although the person making the disclosure is not able to identify a particular person to which the disclosure relates; (b) although the improper conduct has occurred before the commencement of this Act; (c) in respect of information acquired by him while he was an officer of a public body or an officer of a private body; or (d) of any improper conduct of a person while that person was an officer of a public body or an officer of a private body. (3) A disclosure of improper conduct under subsection (1) may be made orally or in writing provided that the authorized officer, upon receiving any disclosure made orally, shall as soon as it is practicable, reduce it into writing. (4) A disclosure made in relation to a member of Parliament or a State Legislative Assembly shall not amount to a breach of privilege. (5) 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. Whistleblower protection 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, and for the purpose of paragraph (c), the protection shall be extended to any person related to or associated with the whistleblower. Whistleblower Protection 11 (2) 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. (3) This Act does not limit the protection conferred by any other written law to any person in relation to information given in respect of the commission of an offence. Protection of confidential information 8. (1) Any person who makes or receives a disclosure of improper conduct or obtain confidential information in the course of investigation into such disclosure shall not disclose the confidential information or any part thereof. (2) Subject to subsection (3), confidential information shall not be disclosed or be ordered or required to be disclosed in any civil, criminal or other proceedings in any court, tribunal or other authority. (3) If any books, documents or papers which are in evidence or liable to inspection in any civil, criminal or other proceedings in any court, tribunal or other authority whatsoever contain any entry in which any whistleblower is named or described or which might lead to his discovery, the court, tribunal or other authority before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the whistleblower from discovery, but no further. (4) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both. Immunity from civil and criminal action 9. Subject to subsection 11(1), a whistleblower shall not be subject to any civil or criminal liability or any liability arising by way of administrat