Section 2
In this Act, unless the context otherwise requires—
of Whistleblower Protection Act 2010
“enforcement agency” means—
(a)
any ministry, department, agency or other body set up by the Federal Government, State Government or local government including a unit, section, division, department or agency of such ministry, department, agency or body, conferred with investigation and enforcement functions by any written law or having investigation and enforcement powers;
(b)
a body established by a Federal law or State law which is conferred with investigation and enforcement functions by that Federal law or State law or any other written law; or
(c)
a unit, section, division, department or agency of a body established by a Federal law or State law having investigation and enforcement functions;
“public body” includes—
(a)
the Government of Malaysia;
(b)
the Government of a State;
(c)
any local authority and any other statutory authority;
(d)
any department, service or undertaking of the Government of Malaysia, the Government of a State, or a local authority; and
(e)
any company or subsidiary company over which or in which any public body as is referred to in paragraph
(a)
, (b), (c) or (d) has controlling power or interest;
“private body” means an office or entity other than public body;
“improper conduct” means any conduct which if proved, constitutes a disciplinary offence or a criminal offence;
Whistleblower Protection 7
“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;
“confidential information” includes—
(a)
information about the identity, occupation, residential address, work address or whereabouts of—
(i)
a whistleblower; and
(ii)
a person against whom a whistleblower has made a disclosure of improper conduct;
(b)
information disclosed by a whistleblower; and
(c)
information that, if disclosed, may cause detriment to any person;
“officer of a public body” means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the
High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such;
“officer of a private body” includes any person who is a member, an office bearer, an officer, an employee, a servant, an employer, a proprietor, a partner and a director of a private body;
“authorized officer” means any officer of any enforcement agency;
“whistleblower” means any person who makes a disclosure of improper conduct to the enforcement agency under section 6;
“whistleblower protection” means protection conferred to a whistleblower under this Act;
Act 711
“detrimental action” includes—
(a)
action causing injury, loss or damage;
(b)
intimidation or harassment;
(c)
interference with the lawful employment or livelihood of any person, including discrimination, discharge, demotion, suspension, disadvantage, termination or adverse treatment in relation to a person’s employment, career, profession, trade or business or the taking of disciplinary action;
and
(d)
a threat to take any of the actions referred to in paragraphs (a) to (c).