Supporting People who Speak Out

Malaysia – Standards – Followup – Investigation

Malaysia – Standards – Followup – Investigation

12. Each enforcement agency which receives a disclosure of improper conduct under section 6 shall conduct its own investigation and prepare a report which contains-

(a) the finding of the investigation; and

(b) the recommendations for further steps to be taken, if any, based on the finding of the investigation.

13. (1) If the report under section 12 makes a finding that-

(a) the disclosure of improper conduct is not substantiated, the enforcement agency shall inform the whistleblower;

(b) the improper conduct constitutes a disciplinary offence, the enforcement agency shall make a recommendation to the appropriate disciplinary authority or other appropriate authority in the case of a public body or to the employer or other appropriate person in the case of a private body to initiate disciplinary proceedings or to take such steps as it deems appropriate against the officer of the public body or the officer of the private body who had committed the improper conduct; or

(c) the improper conduct constitutes a criminal offence and in the case where-

(i) the Public Prosecutor decides to prosecute, the enforcement agency shall obtain from the Public Prosecutor periodical reporting until the matter has been duly disposed of; or

(ii) the Public Prosecutor decides not to prosecute, the enforcement agency shall inform the whistleblower.

(2) Where the enforcement agency has referred a matter under paragraph (1)(b), the appropriate disciplinary authority or other appropriate authority or the employer or other appropriate person shall inform the enforcement agency-

(a) the steps taken, or intended to be taken, to give effect to the finding and recommendation within six months from the date of receipt of the finding and recommendation;

or

(b) the reason for not initiating any disciplinary proceedings or for not taking the steps recommended by the enforcement agency within fourteen days of making such decision, as the case may be.

(3) If, after considering any information provided by the appropriate disciplinary authority or other appropriate authority or employer or other appropriate person, it appears to the enforcement agency that insufficient steps or no action has been taken to give effect to the finding or recommendation within a reasonable time, the enforcement agency may report to the Minister on the investigation, finding, recommendation and the response to the finding and recommendation.

(4) The enforcement agency shall inform the whistleblower of the result of the investigation and any action taken by the appropriate disciplinary authority or the other appropriate authority, the employer or the other appropriate person or the Public Prosecutor, as the case may be.

14. (1) Where any enforcement agency receives a complaint of detrimental action, the enforcement agency shall commence investigation into the complaint of detrimental action.

(2) Where the enforcement agency has completed the investigation into any complaint of detrimental action under this Act, the enforcement agency shall record its finding and compile its report and investigation papers and refer the matter to the Public Prosecutor and if the investigation reveals that-

(a) the complaint is not substantiated, the enforcement agency shall inform the whistleblower;

(b) the complaint constitutes a disciplinary offence, the enforcement agency shall make a recommendation to the appropriate disciplinary authority or other appropriate authority in the case of a public body or to the employer or other appropriate person in the case of a private body to initiate disciplinary proceedings or to take such steps as it deems appropriate against the officer of the public body or the officer of the private body who had taken the detrimental action against the whistleblower; or

(c) the complaint constitutes a criminal offence and in the case where-

(i) the Public Prosecutor decides to prosecute, the enforcement agency shall obtain from the Public Prosecutor periodical reporting until the matter has been duly disposed of; or

(ii) the Public Prosecutor decides not to prosecute, the enforcement agency shall inform the

whistleblower.

(3) Where the enforcement agency has referred a matter under paragraph (2)(b), the appropriate disciplinary authority or other appropriate authority or the employer or other appropriate person shall inform the enforcement agency-

(a) the steps taken, or intended to be taken, to give effect to the finding and recommendation within six months from the date of receipt of the finding and recommendation;

or

(b) the reason for not initiating any disciplinary proceedings or for not taking the steps recommended by the enforcement agency within fourteen days of making such decision, as the case may be.

(4) If, after considering any information provided by the appropriate disciplinary authority or other appropriate authority or employer or other appropriate person, it appears to the enforcement agency that insufficient steps or no action has been taken to give effect to the finding or recommendation within a reasonable time, the enforcement agency may report to the Minister on the investigation, finding, recommendation and the response to the finding and recommendation.

(5) Where a charge is preferred by the Public Prosecutor, any evidence obtained by the enforcement agency under this Act may, notwithstanding the provisions of any other written law to the contrary but subject to section 8, be used for the purpose of criminal proceedings.

(6) The enforcement agency shall inform the whistleblower of the result of the investigation and any action taken by the appropriate disciplinary authority or the other appropriate authority, the employer or the other appropriate person or the Public Prosecutor, as the case may be.

 

20. For the purposes of carrying out investigation under this Act, the authorized officer shall have all the powers of investigation as provided for under the relevant laws applicable to the relevant enforcement agency.

Referenced Legislation: Whistleblower Protection Act (2010)

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