Financial Crime World

Whistleblower Protection Laws in Malaysia: A Shield Against Corruption and Misconduct

Introduction

The Whistleblower Protection Act 2010, also known as Act 711, was passed by Parliament on May 6, 2010. This act aims to curb abuses in both public and private sectors, particularly corruption-related misconducts.

Purpose of the Act

Under the act, all agencies with powers of investigation and enforcement are required to implement the legislation. The law encourages individuals to come forward and report any improper conduct, including corruption and other forms of misconduct. Whistleblowers who make such disclosures are protected from harmful actions, including intimidation, disruptions to their job or livelihood, and immunity from civil and criminal actions.

Key Definitions

  • Enforcement Agency: Any ministry, department, agency, or body with powers of investigation and enforcement, such as the police, Malaysian Anti-Corruption Commission (MACC), Road Transport Department, Immigration Department, and Customs.
  • Whistleblower: A person who makes a disclosure to an Enforcement Agency.
  • Improper Conduct: Any act that could result in a disciplinary offense or criminal offense if proven.

Responsibilities of Enforcement Agencies

Enforcement agencies are responsible for:

  • Receiving and investigating disclosures of improper conduct
  • Enforcing whistleblower protection
  • Managing complaints about harmful actions
  • Informing the informant of the results of the investigation
  • Submitting periodic reports to the Minister in the Prime Minister’s Department

Remedies for Whistleblowers

Remedies for whistleblowers may include:

  • Damages or compensation
  • Injunctions
  • Other relief deemed fit by the court

Implementation and Contact Information

The act came into force on December 15, 2010. For those who wish to report improper conduct, there are five major Enforcement Agencies that can be contacted:

  • Royal Malaysian Police
  • Royal Malaysian Customs
  • Immigration Department of Malaysia
  • Road Transport Department
  • MACC

Coordinating Agency

The Legal Affairs Division in the Prime Minister’s Department serves as the coordinating agency for whistleblower protection under Act 711. The division is responsible for providing guidance and support to Enforcement Agencies and ensuring the effective implementation of the law.

By reporting improper conduct, whistleblowers play a crucial role in promoting transparency and accountability in both public and private sectors. With the Whistleblower Protection Act 2010 in place, individuals can now feel more confident in coming forward to report misconduct without fear of retaliation.