- Terminology and Abbreviations
1.1 The following terminology (or “terms”) and abbreviations used throughout this document are defined in the table below:
- SPAD Suruhanjaya Pengangkutan Awam Darat
- IAD Internal Audit Division
- IU Integrity Unit
- WPA 2010 Whistleblower Protection Act 2010
- HCD Human Capital Division
- CEO Chief Executive Officer
- MACC Malaysian Anti-Corruption Commission
- RMPD Royal Malaysian Police Department
2.1 Whistleblower as defined under Whistleblower Protection Act (WPA) 2010 means any person who makes a disclosure of improper in an enforcement agency, government agency or private enterprise or even members of the public to those in authority either within the organization or at the discretion of the whistleblower to another enforcement agency, of mismanagement, corruption, illegality, or any other wrongdoing carried out by an individual or group of individuals within the organization. Such an act by the said individual(s) may be punishable by any legislated law of Malaysia. For the purposes of this policy, all such acts shall come to be known as improper conduct.
3.1 The Policy serves to encourage SPAD’s employees or external party to disclose any improper conduct as defined by WPA 2010 which has come to their knowledge and to provide protection for employees and external parties who disclose allegations of improper conduct.
- Scope of Policy
4.1 This policy serves to ensure that all whistleblower complaints are reasonably investigated and suitable action are taken where necessary. For the purpose of this policy, the phrase improper conduct although defined by WPA 2010 shall also include but not limited to the following:
- which is an offence or a breach of any legislated law or SPAD policy including SPAD Act 2010;
- affecting health and safety risks, including risks to the public as well as other employee deliberately;
- relating to unauthorized use of SPAD funds detrimental to its interests;
- involving fraud and corruption;
- involving abuse of power and position for personal gain or causes detriment to the organization;
- relating to discrimination against race, religion or gender or disability; or
- deliberate withholding information or unauthorized sharing of information to the detriment of SPAD.
4.2 This policy must be read in conjunction with SPAD’s Code of Conduct and WPA 2010. In the event of any conflict between these policies, the WPA 2010 shall prevail.
- Types of Whistleblower
The whistleblower covered by the policy is set out below:
- Internal including permanent, contract and temporary employees
- External including vendors and members of the public
- Whistleblower Confidentiality
6.1 All whistleblower complaints and identity of the whistleblower will be treated in a confidential and sensitive manner.A whistleblower complaints will only be disclosed to those who are authorized to perform investigation into matters relating to the whistleblower complaints.
- Whistleblower Protection
7.1 This policy serves to ensure that all whistleblower complaints are reasonably investigated and suitable action are taken where necessary. For the purpose of this policy, the phrase improper conduct although defined by WPA 2010 shall also include but not limited to the following:The policy protects the whistleblower who lodged a complaint provided the complaints is made in good faith. Anyone engaging in retaliatory conduct against the whistleblowing employee, for instance, will be subjected to enforcement action under Section 10 (6) of the WPA 2010. Retaliatory conduct includes:
- action causing injury, loss or damage;
- intimidation or harassment; or
- 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.
7.2 An employee who has made whistleblower complaints in good faith is protected against adverse employment actions which will affect his/her livelihood (e.g. discharge, demotion, suspension, harassment or other forms of discrimination) for disclosing whistleblower complaints. 7.3 No person shall take detrimental action against a whistleblower or any person related to or associated with the whistleblower in reprisal for a disclosure of improper conduct. 7.4 A whistleblower may make a complaint to IU of any detrimental action committed by any person against the whistleblower or any person related to or associated with the whistleblower. 7.5 An employee or any other party is protected even if the whistleblower complaints made proved to be incorrect or unsubstantiated. If the employee make a report in good faith which is not substantiated and confirmed by subsequent investigations, no action will be taken against the employee.
- Revocation of Whistleblower Protection
8.1 The revocation of whistleblower protection can only be made in the event the conditions specified under Section 11 (1) of the WPA 2010, as follows:
- The whistleblower himself has participated in the improper conduct disclosed;
- The whistleblower willfully 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;
- The disclosure of improper conduct is frivolous or vexatious;
- The disclosure of improper conduct principally involves questioning the merits of government policy, including policy of a public body;
- The disclosure on improper conduct is made solely or substantially with the motive of avoiding dismissal or other disciplinary action; or
- The whistleblower, in the course of making the disclosure or providing further information, commits an offence under the WPA 2010.
- Anonymous Whistleblower Complaints
9.1 This policy encourages the whistleblower to state his/her name to their respective whistleblower complaints, whenever possible. Whistleblower complaints expressed anonymously are much less credible but will nevertheless, be considered by given merit/substance of evidence submitted. In exercising this discretion the factors to be taken into account includes the following:
- the credibility of the whistleblower complaints;
- the credibility of the whistleblower complaints;
- SPAD’s overall tolerance for risk and fraud; or
- the likelihood of confirming the allegation from attributable sources.
- Mala fide Whistleblower Complaints
10.1 If an employee makes mala fide whistleblower complaints, disciplinary action may be taken against the employee. The onus is on the organization to prove that the said employee had made a mala fide whistleblower complaints. 10.2 If an external party lodges mala fide whistleblower complaints, SPAD may consider lodging a police report and/or take other necessary actions deemed appropriate.
- Communication of Whistleblower Policy
11.1 The Whistleblower Policy shall be communicated to all SPAD employees via the following channels:
- SPAD Website
- SPAD Internal Portal
- SPAD’s Internal Email Communication
- Signed documents for probationary employees
- Induction Training and relevant Ethical Training
11.2 As for the external parties, the Whistleblower Policy shall be communicated through SPAD Website.
- Amendments to the Whistleblower Policy
Any amendments proposal to the Whistleblower Policy shall be presented to Audit Committee for approval.
- Review to the Whistleblower Policy
The policy shall be reviewed by Audit Committee every three (3) years.