THE Bill to amend the Whistleblower Protection Act has been tabled for the first reading to remove the proviso on improper conduct.
With the proposed amendment, a person may make a disclosure of improper conduct to any enforcement agency based on his reasonable belief that an individual has engaged, is engaging or is preparing to engage in improper conduct.
“Clause 6 seeks to amend paragraph 11(1)(a) of Act 711 in relation to the reasons applicable to the enforcement agency to revoke a whistleblower protection under Act 711,” the Bill read.
With this amendment, an enforcement agency shall revoke the whistleblower protection conferred under Section 7 if it finds that the whistleblower has “willfully” participated in the improper conduct disclosed
A new Section 5 which enables the establishment of a Whistleblower Protection Committee will be added.
The committee will oversee law’s implementation in relation to the general powers of enforcement agencies.
The committee will also be tasked to obtain statistics and data related to complaints and disclosures received by the enforcement agency.
“The minister shall appoint a chairman and not more than seven persons to be members of the Whistleblower Protection Committee, whom he deems fit and proper, on such terms and conditions as may be specified in the instrument of appointment,” the Bill read.
The chairman of the committee would hold office for a term of three years and would also be eligible for reappointment after the expiration of the term.
The other members of the committee shall hold office for a term not exceeding three years after which they shall be eligible to be reappointed upon the expiry of their term of office.
“The Whistleblower Protection Committee shall determine its own meeting procedure,” the Bill read.
“Any statistics, data or information which is required to be submitted to the Whistleblower Protection Committee for the purposes of this section shall not include the confidential information protected under section 8,” it added.
Section 8 of the principle Act, stipulates that any person who makes or receives a disclosure of improper conduct, or obtains confidential information in the course of investigation into such disclosure must not disclose such confidential information.
The Whistleblower Protection (Amendment) Bill 2025 was tabled by the Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
The Bill is scheduled for its second and third reading in the upcoming meeting of the Dewan Rakyat which commences in June.
