Act 711 to be amended to strengthen whistleblower protection


PUTRAJAYA: The Whistleblower Protection Act 2010 (Act 711) is being amended to strengthen protection for whistleblowers and to enhance the effectiveness of information sharing, says the Legal Affairs Division of the Prime Minister’s Department.

The division said Act 711 is aimed at combating corruption and other misconduct by helping individuals report improper conduct, protecting them from retaliation, and ensuring that disclosures are appropriately investigated and addressed.

The proposed changes include 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.

Another amendment is improving Section 11 regarding the revocation of protection for whistleblowers. The change will allow protection to be extended if the disclosure is made in good faith and is free from any personal interest.

The division is also proposing to introduce a reward calculation method through regulations under Act 711, utilising ministerial powers under Section 27(1) of the Act, which will be gazetted for enforcement.

Providing whistleblowers with physical protection through the Witness Protection Programme under the Witness Protection Act 2009 (Act 696) will also be proposed.

The division further stated that it had proposed the establishment of an interim Whistleblower Protection Committee to strengthen the management and coordination of whistleblower protection prior to the formation of a permanent central agency, Bernama reported.

“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 said.

The proposed amendments are key initiatives under the National Anti-Corruption Plan (NACP) 2019-2023, the division 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 upon by Prime Minister Datuk Seri Anwar Ibrahim on July 6, 2023,” it added.

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