Educational Slide

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Dr. Md. Shamsul Arefin, DG
(Prevention), ACC

2. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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The Public Interest Information Disclosure Act
(Provide Protection), 2011
This act is intended to assist individuals who believe they
have discovered malpractice or impropriety
All staff are protected from victimization, harassment or
disciplinary action as a result of any disclosure
 The things will be treated as confidential
Maliciously submitted disclosure may be subjected to
disciplinary action.

3. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Public-interest Information Disclosure
(Provide Protection) Act 2011
 The risk of corruption is significantly heightened in
environments where the reporting of wrongdoing is not supported
or protected.
 Public and private sector employees have access to up-to-date
information concerning their workplaces’ practices, and are
usually the first to recognize wrongdoings.
However, those who report wrongdoings may be subject to
revenge, such as threats, harassment, dismissal or violence by their
fellow colleagues or superiors or the persons outside the entity.

4. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Objectives of this Act
 Protection of Whistleblower is essential to encourage the
reporting of misconduct, fraud and corruption.
 Providing effective protection for whistleblowers supports an open
organizational culture where employees are not only aware of how to
report but also have confidence in the reporting procedures.
 It also helps offices prevent and detect bribery in their service
delivery provisions.
 To combat corruption, safeguard integrity, enhance accountability,
and support a clean business or office environment.

5. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Priority checklist for the rule
1. Is there comprehensive and clear rule in place to protect from
reprisal, discriminatory or disciplinary action, employees who disclose in
good faith and on reasonable grounds, suspected acts of wrongdoing or
corruption to competent authorities?
2.Are there effective institutional frameworks and clear procedures and
channels in place for facilitating the reporting of wrongdoing and
corruption?
3.Are protected disclosures and persons afforded protection clearly
defined?
4.Are penal actions clearly defined and the protection afforded robust and
comprehensive?

6. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Priority Checklist for the rule
5. Are remedies and sanctions for retribution clearly outlined?
6. Is awareness-raising regularly undertaken to encourage the
reporting of wrongdoing and corruption and to disseminate
existing information on the protection of whistleblowers?
7.Is the effectiveness in practice of the whistleblower protection
framework periodically evaluated and reviewed?

7. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Country examples with comprehensive
and dedicated legislation
 Australia, Canada, Ghana, Japan, Korea, New Zealand,
Romania, South Africa, the United Kingdom, and the United
States are among the countries that have passed comprehensive
and dedicated legislation to protect public sector whistleblowers.
 The U.K. is considered to have one of the most developed
comprehensive legal systems, having adopted a single disclosure
regime for both private and public sector whistleblowing
protection.

8. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Use of Incentives to Encourage Reporting
 In the United States, the False Claims Act allows individuals to sue on
behalf of the government in order to recover lost money, and can receive up to
30 percent of the amount recovered.
 Korean law also provides monetary rewards for whistleblowers who
disclose acts of corruption. The Anti-Corruption and Civil Rights Commission
may provide whistleblowers with rewards of up to USD 2 million if their
report has contributed directly to recovering or increasing revenues or reducing
expenditures for public agencies.
 Indonesian law also makes provision for the granting of “Tokens of
Appreciation” to whistleblowers who have assisted efforts to prevent and
combat corruption.
Source: United States False Claims Act and Korean Act on the Protection of Public Interest

9. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Broad Protection of The Whistleblower’s Employment Status
The Whistle-blower protection act provides a comprehensive protection to a
public servant where the public servant has made a protected disclosure or
has, in good faith, cooperated in an investigation into a disclosure or an
investigation commenced under the law:
The public Servant will not face the following cases:
(a) A disciplinary measure;
(b) The demotion of the public servant;
(c) The termination of employment of the public servant, or a dismissal;
(d) Any measure that adversely affects the employment or working conditions of
the public servant; and
(e) A threat to public servant
(f) No civil, criminal or departmental suits can be filed.

10. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Actions to be taken after Investigations
 Disciplinary action if the disclosure is false
No action if the allegation proves unfounded
Whistleblower will be kept informed of progress and outcome of the
investigation.
 The whistle blower is not directly affected by the danger that is to be
disclosed

11. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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What is a qualifying disclosure?
a.Irregular and unauthorized use of public money
b.Mismanagement of public resource
c.Misappropriation or misuse of public money or
resources
d.Abuse of Power
e.Committing criminal office
f.A conduct that is harmful or dangerous for public
health, safety or to the environment
g.Corruption
(Supporting documents with allegation should be submitted).

12. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Competent Authority
Competent Authority” means the chief of any agency or chief
executive of divisional, regional, zila, upazila of union office of
any department, directorate or office subordinate to it and the
following persons or office-bearers shall also be included, as :-
a. For persons holding constitutional posts, Hon’ble President;
b. For member of parliaments, Speaker;
c. For any member from judiciary, Register of Supreme Court.
d. If related to corruption, Anti Corruption Commission;
e. If related to public money, Comptroller and Auditor General;
f. For illegal and unethical deeds, Officer-in-Charge of respective
Police Station;

13. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Public -interest Disclosure
(1)Any whistleblower can make public- interest disclosure. If
considered reasonable, to a competent authority.
(2) Any whistleblower, for fulfilling the purpose of this Act, will be
considered that he made public-interest disclosure, if-
(a) he believes on reasonable ground that the information is true; or
(b) if there is no reasonable ground to believe the truth of the
information, but he believes that the information may be true and is
of sufficient significance to justify its disclosure so that its truth may
be investigated.
(3)Any information mentioned in the sub-section (1), can be sent for
disclosure, to a competent authority, in written directly or hand to
hand or via post or any electronic means.

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Dr. Md. Shamsul Arefin, DG
(Prevention), ACC

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(Prevention), ACC
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Dr. Md. Shamsul Arefin, DG
(Prevention), ACC

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(Prevention), ACC

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Dr. Md. Shamsul Arefin, DG
(Prevention), ACC

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Dr. Md. Shamsul Arefin, DG
(Prevention), ACC

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21. Recap of the Presentation
1. What is whistle blowing?
2. What is the difference between whistle blowing and making a
complaint?
3. What information should a whistleblower provide?
1. Procedures on receiving disclosures
2. What supporting information should the discloser provide?
3. Who can make a public interest disclosure?
1. Why Public- interest disclosures are important to agencies
2. How do you maintain Confidentiality
3. Procedure for investigating a disclosure

22. Dr. Md. Shamsul Arefin, DG
(Prevention), ACC
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Participants will be divided into four groups
They will discuss the matters among themselves and prepare a presentation paper on
The Public Interest Information Disclosure draft rule (Provide Protection), 2015
and present it before the session with their suggestions and recommendations for
further development of the rule.
For Group A
Drat rule Chapter 1 and 2
Group B
Draft rule Chapter 3 and 4
Group C
Drat rule Chapter 5 and 6
Group D
Draft rule Chapter 7 and Schedule

23. April 30, 2018
Thank youThank you
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