This document contains answers to common questions about the Department’s Gifts, Benefits and Hospitality Policy, its implementation and operation.
What is considered a Gift, Benefit or Hospitality?
The following fact sheet provides a simple guide to identify what offers are gifts, benefits or hospitality and should not be accepted – Gift Policy Guide - What is a Gift
What isn't considered a Gift, Benefit or Hospitality?
The following fact sheet provides a simple guide that explains what offers are not considered a gift, benefit or hospitality and can be accepted – Gift Policy Guide - What isn't a Gift
Do I need to Declare?
The following flow chart can be used to easily identify whether an offer needs to be declared – Gift Policy Guide - Do I Need to Declare
What are some real life examples?
The following fact sheet provides some scenarios where either a gift, benefit or hospitality was offered and addresses how the situation was handled – Gift Policy Guide - Real Life Examples
Can I accept a gift from a colleague?
Although it is not prohibited, it is important to be conscious of whether accepting a gift could result in a conflict of interest in your working relationship with the individual. If you receive a gift from a colleague it should not be used to reward a job well done, rather it should be for personal occasions such as a birthday, Christmas present or bereavement.
Can I accumulate frequent flyer points if it is a flight for work?
Employees may accumulate frequent flyer points accrued during the course of their employment for personal use, as long as the decision on which flight to take is consistent with DoJ’s Intrastate, Interstate And Overseas Travel Policy (DOCX, 85.3 KB).
What are some common examples of Token mementos I can accept?
Acceptable token mementos include items such as chocolates or other complimentary items received from attending a conference or function as part of your official duties. However, these items should not exceed the value of $50.
When should I refuse a token memento?
Token mementos no matter how small and low in value, should not be accepted in instances where it could be seen to influence your decision-making or impartiality. For example, you should not accept token memento from a client or service provider as your judgement on matters going forward could be perceived as biased. It is important to always consider if accepting a token memento would result in a perceived, potential or actual conflict of interest.
What if I accepted a gift, benefit or hospitality when I shouldn’t have?
If a gift, benefit or hospitality has already been accepted but it is not appropriate for the offer to have been accepted, you should declare the acceptance of the gift, benefit or hospitality and surrender the item to your Output Manager whilst you await advice from the Head of Agency or their delegate as to the appropriate course of action.
What if I receive numerous Token Mementos from the same person?
Numerous token mementos can be accepted without the need for them to be declared if they are under $50 in value. However, if the value is $100 or more over the course of an annual period, the items received should be declared using the Acceptance of gifts, benefit or hospitality declaration form.
What if I receive a notepad, pen, information booklet or other item of intrinsic value from a conference or event?
There is no need to declare the receipt of items received from these kinds of events as long as there is no real, perceived or actual conflict of interest as a result accepting such items.
What if I am still not sure if I need to declare?
If you are still unsure whether you should declare an item you have received, you should seek advice from your supervisor or manager. If in doubt, you can always declare the receipt of an item for complete transparency.
Can I provide a presenter or guest speaker with a gift to thank them?
In consultation with your manager, it may be appropriate to provide a thank you gift to a guess speaker or presenter, particularly in instances where the guest is attending in a voluntary capacity.
Can I accept an honorary degree, title or award?
If you are offered an honorary degree, title or award as the result of work you have undertaken in the course of your employment, you should discuss with your manager whether it is appropriate to accept. Following discussion, if it is considered appropriate, you should seek approval via your Output Manager.
Case Study
The following case study is from the Integrity Commission’s “Own Motion Investigation into Management of Gifts and Benefits in the State Service” and provides a real-life example and how it should be managed.
Case Study 5: A Free Lunch
The gift records of DPIPWE include a declaration from an employee about a lunch paid for by representatives of a company. The lunch had followed ‘a meeting regarding the sale and lease of Crown land’ (presumably to the company). The employee states that they had been unaware, prior to accepting the invitation, that the company intended to pay for the lunch. In the section of the gift declaration form which requires the employee to consider conflicts of interest, the employee notes that there may be an:
Unlikely, but possible, claim that lunch served as an inducement to encourage me to favourably view [the company’s] application to purchase the water space component of their leasehold. The lunch was approved apparently without comment by the employee’s managers.
In the Commission’s view, discretionary decision makers (i.e. employees such as this team leader, who are considering applications) should not be having lunch with any client organisation (i.e. an organisation which they have previously, presently or will likely in future have to make a discretionary decision about). Moreover, these employees certainly should not be allowing such companies to pay for that lunch. This gift declaration form evinces an unacceptable and actual conflict of interest between the employee’s personal interest in accepting a free lunch and their work role, as a discretionary decision maker, and should not have been accepted by the employee, much less approved without comment by their managers. It is also concerning that the ‘perceived’ conflict of interest, which is even more apparent, was not identified by the employee or their manager.