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Hamidun: No decision yet on whistleblower reward formula

KUCHING: The federal government is yet to decide on the formula to determine the quantum of rewards for those who make disclosures of improper acts under the Whistleblower Protection Act 2010.

However, the government is expected to only reward whistleblowers whose information result in prosecution of any person who “has engaged, is engaging or is preparing to engage in improper conduct”.

This was disclosed by an officer from the Attorney General’s Office Hamidun Abdul Fatah during a briefing on the act at Wisma Bapa Malaysia yesterday.

He said although the act aims to encourage members of the public to come forward to help the government eradicate improper conducts in the public and private sectors, there may be individuals who would attempt to take advantage of the act for personal gains.

“We (the government’s enforcement agencies) must be cautious because there would be those who want to take advantage of this reward,” he said, adding it is normal to see some people trying to misuse any good plan by the government for their own monetary benefits.

Hamidun also disclosed that whistleblowers will enjoy immunity from any civil or criminal action as well as protection against detrimental action.

However, he added, after the protection, which is conferred under the Section 7 of the act, has been revoked under Section 11, the whistleblowers are open to legal actions by those who have been accused by the whistleblowers for improper conducts.

He said under Section 11, among others, the protection shall be revoked if the whistleblowers themselves have participated in the improper conduct or made disclosure of improper conduct a material statement which they knew or believed to be false or did not believe to be true.

The legal officer also said that disclosure of improper conduct that involves questioning government policy would result in the protection being revoked.

He also disclosed that whistleblowers who make public the information which they have given to the enforcement agencies would not able to enjoy the protection provided under the act. “The act of making public the information after submitting the same information to the enforcement agencies contravenes Section 8 of the act,” he said.

Hamidun added that although the government enforcement agencies have the right to revoke the protection, whistleblowers unhappy with the decision could ask the court to revert the protection.

He said under Section 25, “Any person who commits an offence under this act which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or both.”

The legal officer also urged enforcement agencies not to conceal the fact that they cannot carry out an investigation if they are not empowered by any law to do any investigation on any civil or criminal offence.

He advised enforcement agencies facing such situation to tell whistleblowers that they would forward their information to the appropriate enforcement agencies for further action.

Hamidun stressed that it was important to be honest with whistleblowers on matters like this to avoid them getting the impression that they could by-pass enforcement agencies which they do not trust.

Touching on enforcement of the act, the legal officer said the actual enforcement would be made after all government enforcement agencies are ready.

He said one of the aspects that would be looked into before the enforcement is on the Standard Operating Procedure (SOP).

The one-day briefing was attended by various enforcement agencies in the state.