Gifts & benefits

PURPOSE:

The purpose of this policy is to provide guidance on the ethical considerations and procedures involved in giving or receiving gifts and benefits by employees of QLeave.

SCOPE:

This policy applies to all public service employees and temporary employees of QLeave and Directors of the Board.

CONTEXT:

This policy should be read in conjunction with the Gifts and Benefits Directive(No. 22/09) and the principles which concern the giving and receipt of gifts and benefits in other documents such as the Public Sector Ethics Act 1994, Code of Conduct, the Public Service Act 2008, the Financial Accountability Act 2009,the Financial Management Standard 2009 and the Crime and Corruption Act 2001.

DEFINITIONS

Gifts and Benefits refers to items given and received in the course of official duties and includes tangible (of lasting value) and intangible items (of no lasting value) items, including hospitality.  Gifts and benefits include, but are not limited to:

  • gifts of alcohol, clothes, products
  • gifts of travel and accommodation
  • food and drink received or  given as a part of a meeting, conference, trade display or other event attended as part of official duties
  • cap, pen, pencil, notepad, bottle of wine, bunch of flowers, box of chocolates
  • awards or prizes including lucky door prizes or similar
  • corporate offers of transportation, accommodation, tickets, meals and functions as part of a major event
  • tickets to the theatre, cultural events, sporting and other events or access to a private spectator box at a sporting or other venue
  • restaurant meals and beverages
  • invitations to participate in corporately sponsored groups
  • sports team sponsorship

Gifts or benefits that are offered as part of an appropriately approved employee health and well-being program or an approved reward and recognition program are excluded from the provisions of the Gifts and Benefits Directive(No. 22/09).  All other gifts or benefits offered to public service employees on behalf of their employing agency or the State must comply with the requirements of the Directive.

Retail value means the reasonable retail value of the gift or benefit.

Register of gifts is a register established under Section 71 (2) (g) of the Financial and Performance Standard 2009 and Financial Accountability Act 2009.  The register should record all reportable gifts of $150 or more.

POLICY:

ACCEPTANCE OF GIFTS AND BENEFITS

If offered a gift or benefit, a public service employee must always consider whether a gift or benefit is appropriate  to accept.  Issues to consider include why was the offer made and the public perception of acceptance.  The employee should discuss the appropriateness of accepting the gift with their supervisor/manager prior to a decision about whether to accept a gift or benefit.

Why was the offer made? Each type of gift carries with it different risks that should be considered when deciding whether or not to accept a gift or benefit.

  • Can it be perceived that it is a gift or benefit to influence? These gifts or benefits are intended to generally ingratiate the giver with favourable treatment in  the future.  These gifts or benefits should not be accepted.
  • Can it be perceived that it is a gift or benefit of gratitude?  These gifts are offered in appreciation of specific tasks or for exemplary performance of duties. This includes gifts for a staff member who speaks at official functions as part of their duties. Such gifts are frequently offered and in many circumstances it would be inappropriate to refuse them.  Acceptance should only be contemplated when services to a client are completed to avoid any expectation of favourable ongoing treatment or the impression of such to others.  Acceptance of these gifts can be considered as they represent a lower risk.
  • Was it a memento or token gift or benefit? Token gifts are offered in business situations to an agency or person representing an agency.  They are usually mass produced products and not given as a personal gift. Acceptance of these gifts can be considered as they represent a lower risk.
  • Was it a ceremonial gift or benefit? These are official gifts offered by one organisation or another.  Such gifts are often provided to a host agency when conducting official business with delegates from another organisation.  Although these gifts may sometimes be offered to express gratitude, the gratitude usually extends to the work of several people in the agency, and therefore the gift is considered to be for the agency not a particular individual.  Acceptance of these gifts or benefits can be considered as they represent a lower risk.

The public perception of acceptance. Public perception of the acceptance of a gift or benefit can be affected by various factors such as:

  • The relationship between the giver and the public service employee. If the public service employee is in a position to provide advice, or make decisions about (but not limited to) granting licences, inspecting and regulating businesses or giving approvals, it is more likely that the gift would be perceived as inappropriate.
  • The transparency and openness of the gift. If the gift is offered to a public service employee in a public forum, it is less likely to be perceived as a gift of influence than if it were offered in a private context.
  • The value of the gift. Expensive gifts are more likely to be perceived as gifts to win favours.
  • The frequency of gift giving.  Consideration of previous gifts given by an individual or organisation to a public service employee should be taken into account.  While the perception that one gift may not be considered sufficient to cause a public service employee to act outside their official duty, the sum of multiple gifts may be considered sufficient to do so.  Multiple gifts from the same donor or from donors in a similar relationship with the public service employee, where the cumulative value is more than $150 in any financial year, must be reported.

Offers of cash.  Any offer of cash, or any items which are readily converted into cash (e.g. lottery tickets, scratchies, shares) must be refused.  Accepting money in any form will breach a number of public service policies and legislative requirements, including the Criminal Code and may be seen as an attempt at bribery.  If you are not in a position to refuse the acceptance of such a gift, you should immediately pass it on to your Manager or Director.

GIVING OF GIFTS AND BENEFITS

The provisions of the Gifts and Benefits Directive(No. 22/09) also apply to giving of gifts and benefits by public service employees and agencies. Similar considerations as above (why an offer was made and public perceptions of acceptance apply to the giving of gifts.  Any gift or benefit must be for official purposes and accountable officers must be able to identify the benefit for the agency, the State of Queensland and/or the public generally.  There is also a need to consider the implications of Fringe Benefit Tax (FBT) when making decisions about giving gifts, benefits and hospitality.

Official hospitality

Expenditure for official hospitality must be considered only where it is considered essential to facilitate the conduct of business.  Periodically it may be appropriate to provide hospitality to individuals of particular importance to the agency and State. Examples include
interstate visitors where QLeave has an interest in, or special obligation toward facilitating the visit
representatives of business or industry, trade unions and recognised community organisations, the press or media
representatives of other levels of government (in exceptional circumstances only).

Other types of hospitality which may be considered reasonable may include
provision of tea or coffee, morning or afternoon tea for official visitors and
provision of light refreshments/lunches for internal meetings, conferences, seminars and workshops.

Generally, working meals should be of a light nature at the work/meeting location, unless associated with a seminar or other function at a particular venue.

REGISTERING AND RETAINING A GIFT OR BENEFIT

Employees of QLeave must report all gifts (including those with a retail value of less than $150) by completing the Declaration of Official Gift and Benefit form available in QDocs.  This Gift and Benefit declaration form must be submitted to the General Manager for approval and then forwarded to the Administration Officer (AO).  All Gifts or benefits received must be declared within one month of receipt.

Any gift or benefit with a retail value of more than $150 is considered a reportable gift and must be recorded in QLeave's gifts and benefits register. If multiple gifts are from the same donor or from donors in a similar relationship with the employee, in any financial year and the cumulative value is more than $150, then each gift or benefit is considered reportable.

Any gifts that are accepted by an employee become the property of QLeave.

Should an employee wish to retain a gift or benefit then the employee must apply in writing to the General Manager before an employee will be allowed to retain the gift or benefit.

A gift which has a retail value up to $350 may be retained by the employee if the General Manager gives approval in appropriate circumstances.  If the gift has a retail value value of over $350 it may be retained by the employee if the General Manager gives approval only in exceptional circumstances.

Employees should have an appropriate person verify the estimated retail value of a gift, if the value is not easily established.  Deliberately undervaluing a gift or benefit to avoid reporting it or to fraudulently keep it may be official misconduct.

The Gifts and Benefits Register must be published under the Right to Information Act 2009 as part of QLeave's publication scheme. The register  must be published online each quarter, within 10 days of the end of the quarter.

Each quarter the Executive Assistant (EA) reviews the Gift Register held by the Administration Officer and subsequently updates the electronic file saved in Q:GM Office/RTI-IP/Gift Register. The document is then saved as a new pdf named for the relevant quarter.

The following particulars will be recorded in the Gift Register -

  • the date the reportable gift was received;
  • parties involved;
  • particulars of the reportable gift;
  • the approval given;  and
  • in the case of tangible gifts received, the present location of the reportable gift or application of proceeds.

The EA or Senior Communications Officer is to use the website Content Management System to upload the updated quarterly pdf to the 'Our Lists' page under the  'About QLeave - Right to Information' section of both the QLeave and Contract Cleaning Industry websites.

Gifts or benefits must not involve time away from official duties

Public service employees must not be away from their official duties at public expense. Gifts or benefits can only be used outside the public service employee's normal hours or on approved leave, unless the gift or benefit forms part of the public service employee's official duties and appropriate approval is obtained.

Offers of tickets or corporate hospitality at sporting events, the theatre or other major recreation attractions are to be treated in the same manner as all other gifts or benefits. Any public service employee attending a sporting event, theatre or recreation attraction as part of a gift or benefit, must ensure that this occurs outside the public service employee's normal working hours or on approved leave.

Retention of Gifts and Benefits Records

All documentation relating to receipt of gifts and benefits shall be retained by QLeave in accordance with the General Retention and Disposal Schedule for Administrative Records.