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An Overview Of The Whistleblower Protection Act 2010

Background
 
  • Whistleblower Protection Act 2010 [Act 711] has been passed in Parliament on May 6, 2010.
 
  • Act 711 is implemented by all agencies that have powers of investigation and enforcement.
   
Description of the Act
 
  • Act 711 is intended to curb abuses in the public and private sector, particularly misconducts which are corruption-related.
 
  • The Act encourages and facilitates the public in disclosing any act of corruption and other misconducts, including improper conduct listed under the Act.
 
  • The Act also provides protection to whistleblowers which include confidentiality of information of the informer, protection against harmful actions and immunity from civil and criminal actions that may be faced by the informant after making a disclosure to the Enforcement Agency.
 
  • The Act gives power to all Enforcement Agencies to carry out investigations of improper conduct and detrimental action against the complainant and authorizes the court to make orders for remedy.
   
Key Definitions
    Enforcement Agency
  • Any ministry, department, agency or other body at the federal, state or local government which have powers of investigation and enforcement under any existing law. For example the police, MACC, JPJ, Immigration, Customs, Local Authorities and others.
    Whistleblower
  • The person making the disclosure of improper conduct to the Enforcement Agency, whether verbally or in writing.
    Improper Conduct
  • Any conduct which, if proven, is a disciplinary offense or a criminal offense.
    Harmful Action
  • Action causing injury, loss or damage, intimidation, disruptions to the job / livelihood of any person.
   
Responsibilities of Enforcement Agency
 
  • Receive and investigate disclosures of improper conduct;
  • Enforce whistle-blower protection;
  • Receive and investigate complaints about harmful actions;
  • Manage complaints of harmful actions;
  • Inform results of the investigation to the informant, and
  • Submit periodic reports to the Minister in the Prime Minister’s Department
   
Remedies May Be Applied In The Form Of
 
  • Damages or compensation;
  • Injunction; or
  • Any other relief deemed fit by the court
   
Enforcement Date
  Act 711 was enforced on December 15, 2010
   
List Of 5 Major Enforcement Agencies
 
  Royal Malaysian Police
  • Tel : 03-2031 9999 / 03-2266 3333 / 03-2266 2222
  • Fax : 03-2070 7500
  • E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Web Page : http://www.rmp.gov.my
  Royal Malaysian Customs
  • Tel : 03-88822100 / 2300 / 2500
  • Fax : 03-8889 5901 / 5899
  • E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Web page : http://www.customs.gov.my
  • Call centre : 03-7806 7200
   
  Immigration Department of Malaysia
  • Tel : 03 8880 1000
  • Fax : 03 8881 2000
  • E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Web page : http://www.imi.gov.my
  Road Transport Department
  • Tel : 03 8888 4244 / 03 8886 6400
  • Fax : 03 8888 9645
  • E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Web page : http://www.jpj.gov.my
   
  Malaysian Anti-Corruption Commission
  • Tel : 03 8886 7000
  • Fax : 03 8888 9562
  • E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Web page : http://www.sprm.gov.my
  • Complaints line : 03 8886 7546
  • Toll free line : 1-800-88-6000
 
   
Coordinating Agency
  Legal Affairs Division, Prime Minister’s Department
  • Tel : 03-8885 1000
  • Fax : 03-8885 1048/ 1088/ 1993
  • Email :This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Web page :http://www.bheuu.gov.my