Supporting People who Speak Out

Malaysia – Standards – Remedies – Revocation

Malaysia – Standards – Remedies – Revocation

11. (1) The enforcement agency shall revoke the whistleblower protection conferred under section 7 if it is of the opinion, based on its investigation or in the course of its investigation that-

(a) the whistleblower himself has participated in the improper conduct disclosed;

(b) the whistleblower wilfully made in his disclosure of improper conduct a material statement which he knew or believed to be false or did not believe to be true;

(c) the disclosure of improper conduct is frivolous or vexatious;

(d) the disclosure of improper conduct principally involves questioning the merits of government policy, including policy of a public body;

(e) the disclosure of improper conduct is made solely or substantially with the motive of avoiding dismissal or other disciplinary action; or

(f) the whistleblower, in the course of making the disclosure or providing further information, commits an offence under this Act.

(2) If the whistleblower protection has been revoked, the enforcement agency shall give a written notice to that effect to the whistleblower.

(3) Any person aggrieved by the decision of the enforcement agency may refer the decision of the enforcement agency to the court for determination.

(4) The court may make an order for the preservation of the whistleblower protection and may also make such consequential orders necessary to give effect to the order for relief.

21. Any person who wilfully makes in his disclosure of improper conduct or complaint of detrimental action a material statement which he knew or believed to be false or did not believe to be true commits an offence.

Referenced Legislation: Whistleblower Protection Act (2010)

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