Supporting People who Speak Out

Malaysia – Standards – Coverage – Reportable

Malaysia – Standards – Coverage – Reportable

2. “improper conduct” means any conduct which if proved, constitutes a disciplinary offence or a criminal offence;

“disciplinary offence” means any action or omission which constitutes a breach of discipline in a public body or private body as provided by law or in a code of conduct, a code of ethics or circulars or a contract of employment, as the case may be;

 

6. (1) A person may make a disclosure of improper conduct to any enforcement agency based on his reasonable belief that any person has engaged, is engaging or is preparing to engage in

improper conduct:

Provided that such disclosure is not specifically prohibited by

any written law.

(2) A disclosure of improper conduct under subsection (1) may also be made-

(a) although the person making the disclosure is not able to identify a particular person to which the disclosure relates;

(b) although the improper conduct has occurred before the commencement of this Act;

(c) in respect of information acquired by him while he was an officer of a public body or an officer of a private body; or

(d) of any improper conduct of a person while that person was an officer of a public body or an officer of a private body.

(3) A disclosure of improper conduct under subsection (1) may be made orally or in writing provided that the authorized officer, upon receiving any disclosure made orally, shall as soon as it is practicable, reduce it into writing.

(4) A disclosure made in relation to a member of Parliament or a State Legislative Assembly shall not amount to a breach of privilege.

(5) Any provision in any contract of employment shall be void in so far as it purports to preclude the making of a disclosure of improper conduct.

 

Referenced Legislation: Whistleblower Protection Act (2010)

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