The Malaysian government is set to amend the Whistleblower Protection Act 2010 (Act 711) to enhance its effectiveness and address several shortcomings. The amendment follows extensive consultations with stakeholders and aims to strengthen protections for whistleblowers, clarify the application of the law, and improve the process for rewarding whistleblowers.
The Malaysia n government is planning to amend the Whistleblower Protection Act 2010 ( Act 711 ) in the near future. The amendment comes after several suggestions for improvements have been finalized.
Datuk Seri Azalina Othman Said, Minister in the Prime Minister's Department (Law and Institutional Reform), stated that over 20 committee meetings, five development and formulation workshops, and six consultation sessions with stakeholders such as government agencies, major enforcement agencies, and non-governmental organizations (NGOs) have been conducted to review Act 711. Azalina emphasized the need to enhance Act 711 based on best practices from other countries, particularly regarding the application of laws concerning confidential and sensitive matters, the mechanism for revoking the protection granted, and the protection of enforcement agencies that are required to disclose the identity of whistleblowers. She noted that valuable feedback has been received from government agencies and NGOs during the improvement process, and several policy proposals are currently under consideration. Azalina expressed hope that these proposals, which are being reviewed by the Cabinet, could be presented to the Parliament during the current session. She responded to a question from Teresa Kok Suh Sim (PH-Seputeh) who inquired about the current status of the amendment to Act 711 and its proposed timeline for presentation in Parliament. In her detailed explanation, Azalina outlined six proposed amendments to Act 711. These include revising the clause under Section 6 to avoid conflicts with other laws and encourage the disclosure of misconduct without undue legal restrictions. She also mentioned improvements to Section 11 of the Act to provide for the revocation of protection granted to whistleblowers, where protection can be extended if the disclosure made is based on good faith and does not involve personal interests. Further, she highlighted the clarification of the application conflict between Sections 8 and 14 of Act 711 through the introduction of new provisions to ensure that enforcement agencies can conduct investigations effectively and efficiently without violating existing provisions under Act 711. Azalina also mentioned the introduction of a standard reward scale to facilitate the process of rewarding whistleblowers. She added that the fifth proposal involves extending the protection offered to whistleblowers in terms of physical safety by implementing the Witness Protection Program under the Witness Protection Act 2009 (Act 696). Lastly, she proposed the establishment of a task force as a transition towards the creation of a centralized agency responsible for coordinating and strengthening the administrative aspects of whistleblower protection implementation
Whistleblower Protection Act Malaysia Government Amendment Act 711 Azalina Othman Said Parliament Law Reform Transparency
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