Whistleblowing Policy

General 

Permodalan BSN Berhad (“PBSN”) strives to conduct its business with integrity, competence and professionalism while achieving the highest level of effectiveness and excellence. Hence, it is important that PBSN is alerted of any actual or potential improper conduct which compromises these aspirations. One way for PBSN to detect and deal with improper conduct is through information provided by whistleblowers. Generally, a whistleblower is an insider of an organisation (e.g. employee, vendor, agent or supplier etc) who reports improper conduct that has occurred within that same organisation. In an effort to encourage whistleblowers to come forward with information on any alleged improper conduct, the Whistleblower Protection Act 2010 provides safe avenues for them to make disclosures of such alleged improper conduct (whistleblowing) to the relevant authorities in good faith, by protecting their identities, providing them with immunity from civil and criminal proceedings and protecting them from detrimental action.

Disclosure of “improper conduct”

Disclosure may be made to PBSN if it relates to an “improper conduct”, committed or about to be committed, involving:

- criminal offences by PBSN’s employees and directors including fraud, corruption or abuse of power;
- misuse of the PBSN’s funds and/or assets;
- gross mismanagement within PBSN;
- breach of PBSN’s relevant internal code of conducts / ethics by its employees;
- breach of the PBSN’s relevant internal requirements by its vendors, supplier etc;
- failure to comply with the provisions of the laws administered by PBSN by any person;
- assisting a person to commit any of the above instances of improper conduct; and
- detrimental action taken against whistleblowers or persons closely associated with whistleblowers.

It is advisable for a potential whistleblower to consider whether the alleged improper conduct to be disclosed to PBSN falls within any of the above, prior to making the disclosure. The potential whistleblower should also consider whether the intended disclosure is specifically prohibited by any written law such as the Official Secrets Act 1972. In this regard, potential whistleblowers may wish to seek legal advice from a legal practitioner before making the disclosure to the Whistleblowing Committee of PBSN.

Protections given

PBSN commits to ensure that all disclosed information, including the identity of the whistleblower shall be treated with strict confidentiality. All personnel, directly or indirectly working relative to a whistleblowing case, shall strictly protect the identity of the whistleblower and witnesses from unauthorized disclosure before, during and after an investigation. PBSN is also committed to protect the whistleblower from all acts of harassment, retaliation, victimization and recrimination arising from making the disclosure in good faith. There may be certain circumstances where the identity of the whistleblower may need to be revealed on a need to know basis (e.g legal obligation such as requirement to testify in court). If such a situation arises, PBSN shall discuss and seek consent with the whistleblower first before proceeding with the case.

Exclusion from Protection

Potential whistleblowers are also reminded that there may be instances wherein their protection would be revoked or excluded when such disclosures and / or reporting are :

- frivolous or vexatious;
- known to the whistleblower to be false or untrue; or
- made solely or substantially to avoid dismissal or other disciplinary action;
- where the whistleblower has participated in the improper conduct so disclosed; and
- where the whistleblower commits an offence under the Whistleblower Protection Act 2010.

Any person who makes a disclosure of improper conduct to PBSN, knowing or believing that any material statements in the disclosure is false or untrue commits a criminal offence under the Whistleblower Protection Act 2010.

How to whistleblow?

Any disclosure / reporting of improper conducts against PBSN can be made to the Whistleblowing Committee of PBSN. 

- Email to the following address :

Whistleblowing Committee
Email address : whistleblowing@pbsn.com.my

OR

- In writing and mail or hand-delivered in a sealed envelope with the words “Strictly Confidential”, stating on the top left-hand corner of the envelope: “To be opened by the Addressee only” to :

Whistleblowing Committee,
Permodalan BSN Berhad,
Tingkat 2, Blok A,
Wisma Bank Simpanan Nasional,
117 Jalan Ampang, 
50450 Kuala Lumpur.

The investigation and decision making on the disclosures / reporting of improper conducts against PBSN is performed by the Whistleblowing Committee. However, in the event that any member of the Whistleblowing Committee is being reported for any misconduct, he/she must not involved in the investigation and decision making in relation to the case being reported against him/her.

Whistleblowers are advised to make their disclosures in writing and to provide sufficient details which include the following:

- the type or description of improper conduct, including bribery and corrupt practices;
- the name of individuals who have committed or are involved in the improper conduct; and
- the ‘how’, ‘what’, and ‘where’ in relation to the improper conduct including supporting documents or evidence, if any.

Whistleblowers are encouraged to provide their identities or contact details to facilitate PBSN to clarify or obtain further information for purposes of further investigation into the improper conduct. The identity of the Whistleblowers will be limited to the Whistleblowing Committee. Any person who elects to remain anonymous is advised that no whistleblower protection will be accorded and PBSN’s ability to investigate the alleged improper conduct is limited to the extent of the contents of the report received by PBSN. Whistleblowers will be informed by the Whistleblowing Committee of the outcome of the investigation and action taken, if any.

PBSN has the right to revise the Whistleblowing Policy from time to time.