Acceptance and Provision of Gifts Procedures TO BE REPLACED 16 August 2022

Guidance

Acceptance of gifts by employees can be seen to compromise the performance of their duties if it is not conducted openly and with integrity. Therefore, before accepting a gift, an employee should consider if accepting it would place them in a position of actual, perceived or potential conflict of interest.  If so or in doubt, the employee should politely decline the gift. Note that accepting or offering a gift, benefit or hospitality may create a personal interest where one did not previously exist. For further information, see the Department’s Staff Conduct and Discipline policy, Code of Conduct and Standards (staff only).

Employees should note that the definition for reportable gifts differs based on an employee’s responsibilities. Employees engaged with statutory regulation are required to report any gifts, irrespective of value of the gift. Statutory regulatory functions include but are not limited to Teacher Registration Board, the Training Accreditation Council, Non-Government School Registration, School Review, School Moderation and Non-Government School Funding.

Refer to Appendix B Acceptance of Gifts - Decision Guide flow chart and Appendix C Frequently Asked Questions for guidance on acceptance of gifts.

Air Travel funded by an external source may or may not be classified as a reportable gift.  For the purpose of this policy, all air travel funded by:

• a commercial organisation (including a non-government organisation) for a conference/presentation is considered reportable and Appendix D is completed. It may or may not be classified as a reportable gift;
• a non-commercial organisation such as professional association, union or Parents and Citizens’ Association but excluding a non-government organisation) is not a reportable gift;
• a government department or agency such as the Australian Curriculum, Assessment and Reporting Authority is not a reportable gift; and
• a private individual such as a parent may or may not be classified as a reportable gift.

For guidance on conflicts of interest,  refer to the Department’s Code of Conduct and Standards (staff only).

Under the State Supply Commission’s Sponsorship in Government Guidelines it is inappropriate for any employee of a public authority to receive a personal benefit from a sponsorship.  For further information on sponsorships, refer to the Incoming Sponsorship to Schools Policy or contact Director, Executive and Communications Services.

An employee can retain for personal use any minor gift without formal approval. This does not apply to  employees who have responsibility for statutory regulation.  In the case of these employees any gift received, irrespective of its monetary value, is a reportable gift

An employee cannot apply for approval to retain a reportable property gift with a value of more than $1 000. The gift should either be:

• returned to the giver;
• retained by the Department/school; or
• disposed of via any method as approved by the State Supply Commission Disposal of Goods policy.

Regardless of the value, it would not be acceptable for an employee to accept multiple gifts from a single giver over a period of time. This could potentially lead to or be perceived to have an undesirable relationship between the employee and the giver. However, it would be acceptable for a teacher or any school officer to accept multiple gifts from a single student for such occasions as Easter, birthday, graduation and Christmas.  

Generally any gift, including prizes, freely given to and accepted by an employee in the performance of their duty is the property of the Department/school. The above dot points stipulate what an employee can or cannot do when offered a gift.

Prizes won by employees in a free lucky draw/raffle/competition while on official business are considered property of the Department/school, and are therefore subject to the procedures contained herein.  If the employee had purchased the raffle ticket with their own money  they would have ownership of the prize won.

Conferences/presentations funded by commercial organisations

Conferences/presentations funded by commercial organisations are always reportable, but may or may not be classified as gifts depending on which of the two following categories the conference/presentation falls into:

1. Conferences/presentations are not classified as gifts if  given to Department/school/staff for official business or educational purposes. (Examples include, but are not limited to travel, accommodation and services for delivery of educational outcomes or official business.)
2. Conferences/presentations are classified as gifts if given personally to an employee and for personal/recreational purposes.

Refer to Appendix C Frequently Asked Questions for further examples of travel funded by a commercial organisation.

Guidance

Any breach of the gift policy by an employee such as accepting undeclared gifts can lead to disciplinary action being taken against the employee on the ground of misconduct. 

Financial Services prepares a summarised gift register of the gifts declared and registered by central and regional offices for reporting to the Director General on a quarterly basis.

If the gift is a reportable property gift forward a copy of the completed Gift Declaration and Registration form to the following officer:

• Central and Regional Education Offices - Team Leader Assets/Leasing (BCS) for recording in the general ledger and asset register accordingly.
• Schools - Manager Corporate Services for recording in the relevant asset, resource or insurance register.

See Appendix A – Acceptance of gifts from external sources – approval authority.

If the value of a gift (including from overseas) is unknown, the value may be based on the local market purchase price or an estimated cost (including GST) of a like or similar item.

If the value of a gift, e.g. a painting, is indeterminable due to its unique nature, the gift would be deemed to have a value in excess of $1 000. Therefore, application cannot be made to retain for personal use if it is a property gift. 

Guidance

The giving of gifts should not be a matter of routine practice.  The appropriateness of giving of gifts to non-employees will be a matter of judgement and should only occur within the bounds of protocol, accepted business practice, custom or culture.  Similarly, a level of discretion is required when giving gifts to employees as this may be considered as utilising public monies for a private purpose. 

Employees should consider if the costs and the reasons for giving gifts are justifiable and can stand up to public scrutiny. For further information, see the Department’s Staff Conduct and Discipline policy, Code of Conduct and Standards (staff only)

Gifts may be given to non-employees such as industry clients, volunteers, board members, visitors or dignitaries on occasions where business practice, custom, protocol or public relations necessitate the presentation of gifts.

On the occasion, such as a conference, where a minor gift is given to external presenters as a token of appreciation, a similar gift may also be given to the presenters who are also employees.

The giving of gifts to employees utilising public funds, on the following occasions, would generally not be appropriate as they are deemed to be of a private nature:

• well wishes or farewells;
• for the promotion, commencement or completion of a project; and
• to celebrate an anniversary event such as a birthday, Christmas or Secretary’s Day.

For more details refer to Appendix C Frequently Asked Questions.

Any items (such as flowers) purchased for bereavements or condolences are not considered as a gift for the purpose of this policy and therefore the procedures above do not apply.