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Whistle-blowers Bill tabled for first reading |
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Politics & Government 2010
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Written by Sharon Tan
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Tuesday, 06 April 2010 22:06 |
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KUALA LUMPUR: The Whistleblowers Protection Bill 2010 was tabled in the Dewan Rakyat on April 6 with the aim of combating corruption and wrongdoing by facilitating the disclosure of improper conduct in the public and private sectors while giving protection to whistle-blowers.
Under the bill, which was tabled for first reading by Deputy Minister in the Prime Minister’s Department Datuk Liew Vui Keong, disclosures can be made orally or in writing to any enforcement agency if the whistle-blower reasonably believes that someone could be engaging in improper conduct. The information disclosed is confidential and the whistle-blower receives immunity from civil and criminal action, and protection against repercussions.
The bill, which is expected to be debated in the current parliament sitting, also protects any person related to or associated with the whistle-blower.
The main aim of the protection is to encourage the whistle-blower to come forward to disclose wrongdoing, by removing any fear or risk that may deter him. The bill provides for the whistle-blower or any person related or associated with him to be relocated.
The enforcement agency designated under the bill is empowered to reward the whistle-blower for his role in detecting cases of improper conduct or detrimental action.
Protection for the whistle-blower is revoked if the whistle-blower is involved in the improper conduct, the disclosure is frivolous or vexatious and the disclosure is made to avoid disciplinary action.
The enforcement agency is in overall control of all matters relating to protection of the whistle-blower, and the minister has the power to issue directions on the exercise of the powers, discretion and duties of the enforcement agency.
An enforcement agency must begin investigation upon receiving a complaint and if a criminal offence has been committed, the matter must be referred to the public prosecutor.
If the matter constitutes a disciplinary offence, then the enforcement agency must make a recommendation to the appropriate disciplinary authority.
The enforcement agency must also inform the whistle-blower if the complaint is not substantiated.
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