Gifts, Benefits and Hospitality Policy - June 2024

Policy Statement

When we perform our public duties, the community and our stakeholders expect that our decision making is impartial and we will act without being influenced. This helps to assure public trust in our organisation, maintain our reputation and to prevent misconduct, fraud and corruption. As public officials, how we respond to offers of gifts, benefits and hospitality is critical to earning and sustaining the trust of those we serve.

This policy outlines the Department of Transport and Planning’s (the Department) expected behaviour and accountabilities of its employees when:

• responding to offers of gifts, benefits and hospitality, and
• providing gifts, benefits and hospitality.

The default position of the Department when offered gifts, benefits and hospitality is to politely say “no thank you” and hold the position that “thanks is enough”.

This policy is a requirement under the Standing Directions 2018 under the Financial Management Act 1994. It is based on the minimum accountabilities set out by the Victorian Public Sector Commission (VPSC) and reinforces adherence to the Code of Conduct for Victorian Public Sector Employees (VPS Code of Conduct) and the Public Sector Values and Employment Principles specified in the Public Administration Act 2004 (Vic). In some places the restrictions in this policy are stronger than the minimum accountabilities due to the nature and functions of the Department.

Attachment 1 provides a list of definitions applicable to this policy. This policy also requires people to familiarise themselves and comply with the supporting documents listed in Attachment 2.

Scope

Organisational coverage

This policy applies to all administrative areas of the Department and to agencies for whom the Secretary is the employer. The policy also applies to administrative offices established within the Department.

People coverage

The term ‘departmental person(s)’ is used in this policy to identify those people covered by the policy:

• All departmental employees, including executive officers and employees covered by the Victorian Public Service Enterprise Agreement 2020 (VPS Agreement)
• Workplace participants including (but not limited to) trainees, university and work experience students
• Apprentices, cadets and volunteers who perform work for or on behalf of the department
• Agency on-hire staff and contractors who the VPSC has specifically identified as being bound by the VPS Code of Conduct. These people include those who:
  • supervise public sector employees
  • undertake work that is of a similar nature to the work undertaken by public sector employees at premises or a location generally regarded as a public sector workplace, or
  • use or have access to public sector resources or information that are not normally accessible or available to the public.

Other policy elements

Key things you must do

When you are doing work for the Department, no matter what that work is, you must act with integrity and impartiality consistent with the VPS Code of Conduct. This includes placing the public interest above your private interests. This not only protects you in the workplace but it also protects you if you are accused of wrongdoing and helps you navigate difficult situations.

The VPSC issues minimum accountabilities for the management of gifts, benefits and hospitality. These are binding on our department. This policy is based on the minimum accountabilities.

All Employees

As a departmental person, you must comply with this policy when you:

• are offered gifts, benefits or hospitality, or
• provide gifts, benefits or hospitality.

If after reading this policy you are still unsure what to do, check with your manager or seek guidance from the Integrity Team.

Managers

If you are a manager with direct reports, you must also:

• be aware of the gifts, benefits and hospitality risks inherent in your direct reports’ roles
• oversee your direct reports’ compliance with this policy
• promote awareness and give advice
• model good practice.

More roles and responsibilities are listed below in this policy.

Strengthening our position that ‘thanks is enough’

Consistent with the whole-of-government model gifts, benefits and hospitality policy, we have a culture of ‘thanks is enough’ - where offers are not accepted even if they are permitted under this policy. Steps will be taken to help external stakeholders understand our policy and this aim – for example, that we discourage gift offers, especially repeat offers – so that an offer is not made. Taking this position makes it easier for all employees to politely decline offers and hold the department’s position.

Receiving offers of gifts, benefits or hospitality

Minimum Accountability 1. You must not solicit any gift, benefit or hospitality that could reasonably be seen as connected with your employment.

Minimum Accountability 2. Offers you must refuse

You must always refuse a gift, benefit or hospitality (token or non-token) if any of the following apply:

• The offer is money, used in a similar way to money, or easily converted to money (e.g., a gift voucher).
• The offer gives rise to a conflict of interest (actual, potential or perceived). This means that it could influence, or reasonably be seen to influence, how you perform your public duties.

For example:

A supplier offers to host and pay for a lunch for your team to celebrate the conclusion of a project. While it may appear reasonable to accept considering the supplier is already working with the department, it is not an offer which should be accepted as it could be seen as a perceived or potential conflict of interest.

• The offer could compromise the public’s trust that you will perform your public duties in an impartial manner or the public’s trust in the impartiality of the department or the public sector
• The offer is not consistent with community expectations
• The offer could reasonably be seen as a bribe or inducement. You must also report such an offer to Integrity and Ethical Behaviour. They will report any criminal or corrupt conduct to Victoria Police or the Independent Broad-based Anti-corruption Commission.
• Even if the offer complies with all the other requirements above, a non-token offer cannot be accepted without a legitimate business reason. The offer must further the conduct of official business or other legitimate goals of the department, the public sector or the State.

For example:

You are required to meet with a supplier to conduct business. The supplier invites you to meet them at a corporate box during a sporting event (at no cost to you but as a cost to the supplier). There is no legitimate business reason for the meeting to take place in this way. You must refuse and declare the offer.

Offers to a family member

Offers of gifts, benefits or hospitality to an immediate family member of a departmental person (defined as a partner or child living under the same roof) should also be assessed against the minimum accountabilities of the department’s policy, as accepting may cause an actual, perceived or potential conflict of interest for the departmental person.

Additional requirements for refusing an offer

The Department has decided that you must also refuse a gift, benefit or hospitality if any of the following apply:

• You are an Authorised Officer – defined as an employee of the Department, appointed by the Minister or Secretary to carry out a compliance or enforcement action.
• The offer is a repeat offer – repeat offers are multiple offers from the same person, group or organisation. Their combined effect can lead to the reasonable perception that they could influence you.
• The offer is from a person, group or organisation you are likely to make or influence a decision about in the foreseeable future. This is because it could reasonably be seen as a conflict of interest. The only exception to this is if the offer is:
  • Token hospitality (a basic courtesy such as sandwiches over a lunchtime meeting) or
  • A learning opportunity, such as a webinar, if it:
    • is relevant to your work duties
    • has a legitimate business benefit
    • is consistent with community expectations.
• The offer is made by a person, group or organisation whose primary purpose is to lobby Ministers, Members of Parliament or public sector agencies.
• Accepting the offer could reasonably be seen as endorsing a product or service.
• Accepting the offer could reasonably be seen as advantaging a sponsor in a future procurement.
• The Department will already be sufficiently represented to meet its business needs (e.g. at an event).
• The offer will benefit you in your private capacity including the accumulation of loyalty points. See the Department's Travel Policy for information on Frequent Flyer points and lounge memberships.
• If you feel that accepting the offer would be in breach of your obligations under the VPS Code of Conduct. This is a broad test that you can use to protect yourself in you are still unsure about accepting the offer.

For more information on how to respond to an offer of gifts, benefits and hospitality, see the Gifts, Benefits and Hospitality resources page, including the Summary of GBH Minimum Accountabilities and the VPSC ‘GIFT’ Test.

Minimum Accountability 3. Declare all non-token offers

If you receive a non-token offer (valued $50 or more), you must:

• Declare the offer whether you accept or refuse it, within five days of the offer.
• Always refuse the offer unless it complies with minimum accountability 2, it passes the Integrity Test.

and you have prior approval to accept the offer as set out in this policy.

As part of the Integrity Test, you must have a legitimate business reason to accept and articulate it clearly in your declaration.

Remember, thanks is enough. Even if you have a legitimate business reason, do you need to accept?

• If you accept the offer, you do so on behalf of the Department. It is not usually yours to keep. Some exceptions exist, but you will need to apply to receive them. For more information see Applying for Ownership of a non-token gift.
• The offer and outcome will be recorded on the department’s official internal register and in the public register.

How to declare a non-token offer

To declare a non-token offer:

• Use the Department’s Gifts, Benefits and Hospitality Declaration Form.
• If you accept the offer, record the legitimate business reason on the form in enough detail to demonstrate how it links with your duties and the benefit to the Department, the public sector or the State.
• Submit the form to your manager, who will review your declaration. Your manager must approve your decision and submit your signed declaration before it is recorded in the official register.

Examples for describing a legitimate business reason

These are examples of how to record the legitimate business reason in enough detail:

Unacceptable

• ‘Networking’
• ‘Maintaining stakeholder relationships’

Acceptable

• ‘I am responsible for evaluating and reporting on the outcomes for the Department’s sponsorship of Event A. I will attend Event A in an official capacity and report back to the Department on the event’.
• ‘I was invited to present to a visiting international delegation, which my manager approved. The delegation presented me with a cultural item. Declining the gift would have caused offence. I accepted the gift on behalf of the department’.

Applying for ownership of a non-token gift

Usually, a non-token gift belongs to the Department. However, if the gift was given to you specifically in recognition of your own work or contribution, you may retain it provided that:

• it is not an official gift/item
• it is unlikely to bring you or our organisation into disrepute
• it would be consistent with community expectations, and
• your manager or appropriate delegate gives written approval.

Retrospective approval

If you cannot obtain prior approval to accept an offer, in limited circumstances you can obtain retrospective approval provided you apply within five business days. For example:

• if it was reasonable to be unaware the gift was non-token – such as a wrapped gift.
• if it would have caused serious offence to refuse – but remember, except for official gifts or items, this is not usually sufficient reason.

Offers made in a personal capacity

It is normal to receive offers of gifts, benefits and hospitality in your personal life that are unconnected to your work.

You can accept these offers, provided you believe on reasonable grounds that the offers are made in a personal capacity.

If you are unsure whether an offer is being made to you in a personal capacity or because of your role with our organisation, apply the integrity test, consider the GIFT questions and follow this policy as you would in your professional capacity

Non-token offer from another public sector organisation

Non-token offer from a government department

In the course of your work as an employee of the Department, you might be offered a non-token gift, benefit or hospitality by:

• a Victorian government department or administrative office
• the VPSC.

If this occurs:

• you can accept the offer if it complies with the Integrity Test.
• you do not need to declare the non-token offer.

However, if the offer does not meet the integrity test, it must be refused and declared.

Non-token offer from a public entity or other public sector organisation

In the course of your work as an employee of the Department, you might be offered a non-token gift, benefit or hospitality by another Victorian public sector organisation, such as a public entity.

For example, you might be offered free tickets to an event where our organisation:

• has helped to organise the event
• otherwise actively supports the event or the organisation.

If this occurs:

• you can accept the offer if it complies with the Integrity Test.
• regardless of whether you accept or decline the non-token offer, you must declare

Non-token offers of uncertain origin

If you receive an offer via a work colleague and you believe they may be offering on behalf of a third party with the possible intention of influencing you:

• refuse the offer and declare it, and
• report it to your manager or the appropriate delegate, as it may need to be referred on to an integrity body or the police.

Offers from an interstate or Commonwealth public sector organisation

Offers from public sector organisations that are part of a different state or part of the Commonwealth public sector should be treated the same as any other organisation that is not a Victorian public sector organisation.

Exceptions to declaration rule

Generic offers that are refused

In the course of your public duties, you may receive generic offers of non-token gifts or benefits. For example:

• emails targeting departmental employees with offers to attend a seminar or webinar, or gym membership at a discount rate
• SPAM email.

You don’t need to declare a generic non-token offer if you refuse it.

If you want to accept it, the usual restrictions apply as to whether you can do so. For more information, see the Integrity Test.

Multi-employee declaration

Sometimes, a group of employees may receive the same non-token offer, for example to a conference or event. The Department, through the Integrity Team, will assess the offer and advise you as to whether a multi-employee declaration can be made - meaning each invited employee does not need to make an individual declaration. This can be a multi-employee refusal or multi-employee acceptance, depending on the offer.

What you need to do

If you believe a multi-employee declaration can be made for a non-token offer, you must contact the Integrity Team and provide the following information:

• Confirmation of who the responsible departmental employee is for the declaration.
• The offer details: date of offer, what has been offered, value, name and position title of donor, name of the organisation making the offer, who has been invited.
• If the offer is being accepted, outline how acceptance complied with the Integrity Test.
• Confirmation of who the approver for the declaration will be.

The Integrity Team will assess the information and, if a multi-employee declaration should be made, provide a declaration form to the responsible departmental employee to complete and provide to the approver. Once the declaration form has been approved, a copy must be provided back to the Integrity Team for registration, as well as to all departmental employees listed in the declaration for their records.

Estimating the value

When declaring offers of gifts, benefits or hospitality, you are required to include the actual or estimated value of each offer.

In most instances, this is quite simple. For example, where offered tickets to an event, the value of the tickets can be established by contacting the organiser or through a simple online search. Prices are also often included on complimentary tickets. Similarly, gifts of wine, chocolate, etc. can be established via an internet search.

On occasions where a value cannot be easily established, people registering items should always err on the side of the higher value range.

Unless there is evidence for a lower amount (e.g., a menu with prices), offer of a meal should be considered as being non-token and registered for no less than $50, and no less than $100 if alcohol is included.

Official gifts/items – what you must do

These are items sometimes accepted or given on behalf of the department as part of business with official delegates or representatives of a community group, organisation or government. They can be:

• official gift
• official item (item with cultural, ceremonial, religious, historic or other significance).

For example:

Our department has been working with a local community group representing people of a specific cultural background. In gratitude for our work, the group presents the staff member leading the group with a gift that is culturally significant to them.

This is an official item.

The community group, in addition to this official item, provides the staff member with a bottle of wine for the team to celebrate the successful work.

This is an official gift – it is not culturally significant, but it was provided by an organisation in recognition of our relationship with them.

The staff member accepts both gifts on behalf of our organisation, declares both, and determines what to do with the gift as soon as reasonably possible.

Regardless of its monetary value, an official gift or official item:

• must be declared
• will be recorded in the official register
• will not usually be published in the online public register
• belongs to the Department, not you, unless the exceptions apply.

When attending an event where you represent the Department, the exchange of gifts is a practice that should be anticipated.

Prior to accepting an official gift or item from a person or group representing a particular culture, country, or First Peoples’ nation, reasonable enquiries should be made to ensure that any customs for accepting are discussed prior to attendance, including whether a ceremonial gift should be provided in return (see Providing gifts, benefits and hospitality to others for more information).

For example:

Before accepting an official gift or item from an official representative of a Traditional Owner group, make reasonable enquiries to check whether accepting the gift is appropriate, and whether any customs should be followed. This could include making enquiries with:

• the Department’s First Peoples Self Determination and Reform Team
• an organisation such as the Victorian Aboriginal Heritage Council or your local Registered Aboriginal Party (RAP) or Traditional Owner Organisation, and/or
• the group that the person represents.

For advice on storage and display of official gifts or items, contact Accommodation and Workplace Services.

Applying for ownership of an official item

If an official item was given to you specifically in recognition of your work and contribution, you may retain it provided that:

• it is the express wish of the giver
• it benefits the Department’s relationship with the giver
• it is appropriate given the significance and value of the item
• it would be consistent with community expectations
• it is unlikely to bring you or the Department into disrepute
• your manager or appropriate delegate gives written approval.

You cannot retain the gift unless it meets all the above requirements.

Offers to the Department

Sometimes offers are made to the Department itself. For example, offers of equipment. These offers are usually non-token and must be declared in the same way as all non-token offers.

When deciding whether to accept an offer, the Department will take into account:

• whether the offer passes the Integrity Test
• the people or organisation making the offer
• the nature and circumstances of the offer
• the level of public benefit if the offer is accepted

The department will reject any offer that is not consistent with community expectations.

Reward and recognition offers

Sometimes, an offer is made to provide the department with a benefit like discounts, free tickets or equipment for employees. The department may decide to accept the offer to use for employee reward and recognition purposes after taking into account the above factors and any other relevant requirements on this policy.

Offers that include guests

Invitations to events that are assessed under this policy and include an invitation to the departmental person plus guest require careful consideration to determine the public interest that would be satisfied if the guest was to attend. As a rule, invitations for guests should not be accepted.

Donations or gifts given on the department’s behalf

Sometimes an individual or business that has a relationship with the department may seek to donate or gift to a third party, like a charity, in our name or on our behalf. Often this happens without seeking prior approval from the department or giving us any opportunity to accept or refuse the gift or donation.

There are reputational risks associated with any donation or gift made on our behalf, even where this is well meaning. For example, it can be seen as preferencing one charitable organisation over another and can impact the perception of and trust in the Victorian Government as a whole.

There are other risks associated with allowing a commercial partner to donate or gift in this manner, including the impact that this may have on future procurement or work activities.

The department expects that everyone who works with us is made aware of our expectations around donations made in our name.

While there is no opportunity to refuse the donation or gift once made, the commercial partner should be informed that no gift or donation should be made on our behalf in future without a formal offer and approval.

Where a gift or donation has been made without prior approval, that gift or donation should be listed on the gifts, benefits and hospitality register, noting that there was no opportunity to accept or refuse.

Official register and public register

Access to the official internal register is restricted to relevant persons in the Department. Certain information from the official register is published online in the public register, consistent with the minimum accountabilities and VPSC guidance.

Receiving Token offers

If you receive a token offer (valued less than $50):

• You can accept the offer if it passes the Integrity Test.
• Remember, thanks is enough. Do you need to accept?
• You do not need to declare the offer
• You do not need a legitimate business reason to accept.
• You do not need approval from your manager to accept.
• You are the owner of the gift, benefit or hospitality.

Providing gifts, benefits and hospitality to others

These minimum accountabilities apply when making any offer of a gift, benefit or hospitality, including an offer to another Victorian public sector organisation.

Minimum accountability 4. You must ensure that any gift, benefit and hospitality (token or non-token) you provide on behalf of the department is provided for a business reason:

• It furthers the conduct of official business or other legitimate organisational goals, or
• It promotes and supports government policy objectives and priorities.

Minimum accountability 5. You must ensure that the cost of providing a gift, benefit or hospitality is proportionate to the benefits obtained for the State and would be considered reasonable in terms of community expectations.

Minimum accountability 6. You must ensure that you do not provide a gift, benefit or hospitality unless no conflict of interest exists (actual, potential or perceived), or you declare a conflict and develop a management plan that explicitly allows you to provide it.

Minimum accountability 7. You must ensure that when hospitality is provided, participants demonstrate professionalism in their conduct and uphold their obligation to extend a duty of care to other participants.

If you are a participant who is accepting hospitality, you must also comply with these standards.

For more information on providing gifts, benefits and hospitality, see the Gifts, Benefits and Hospitality resources, including the Summary of GBH Minimum Accountabilities and the VPSC ‘HOST’ Test.

Process you must follow when providing gifts, benefits and hospitality

The department has processes and procedures for providing gifts, benefits and hospitality. For example, for providing hospitality at internally or externally focused events, the following requirements must be complied with:

• alcohol – Health, Safety and Wellbeing Framework
• financial expenditure and approval – Procurement Policy
• catering for employees and for office functions – Good Food Policy
• reward and recognition programs
• recording and reporting.

Providing official gifts and items

Before providing an official gift or item, make reasonable enquiries to ensure it will be appropriate to do so.

For Example:

Before providing a ceremonial gift to an official representative of a Traditional Owner group, make reasonable enquiries to check that the gift would be culturally appropriate. This could include making enquiries with:

• the Department’s First Peoples Self Determination and Reform Team
• an organisation such as the Victorian Aboriginal Heritage Council or your local Registered Aboriginal Party (RAP) or Traditional Owner Organisation, and/or
• the group that the person represents.

Providing alcohol as hospitality or a gift

The supply and consumption of alcohol is a hazard to occupational health, safety and wellbeing, and increases the risks of anti-social behaviour and reputational damage to both employees and the Department.

While the Department may permit the provision of alcohol at Department events, it has obligations under the Occupational Health and Safety Act 2004, the Liquor Control Reform Act 1998 and the VPS Code of Conduct, and must consider these prior to granting approval for the provision of alcohol or attendance at events at which alcohol is provided. For all other purposes and considerations, the default position under this policy is that the Department does not support the provision of alcohol at department events.

Departmental persons also have obligations under the VPS Code of Conduct and the Department’s Health, Safety and Wellbeing Framework, and must not be impaired by alcohol or other illegal substances while in the workplace or while representing the Department at an event. When hospitality is provided, departmental persons must demonstrate professionalism in their conduct and uphold their obligation to extend a duty of care to other participants.

Decisions relating to the provision of alcohol as hospitality should be made on a case-by-case basis, assessed and approved by the relevant Executive Director or Group Deputy Secretary. The following parameters may be useful in making these decisions:

• provision of alcohol alone would be unusual and should be accompanied by the provision of a meal
• any event where alcohol is served should be held at a time that minimises the risk of employees returning to work and being impaired by alcohol (e.g., if standard office hours are worked, the event should be held in the late afternoon or early evening)
• events with alcohol service should not exceed two hours in duration
• no more than two standard drinks per person should be provided
• monitoring an employee’s alcohol consumption is the responsibility of all employees
• the provision of alcohol should be incidental to the overall level of hospitality provided.

The Department does not permit the provision of alcohol as a gift to Department employees or guests of the Department.

Dealing with an alleged breach

If you may have breached this policy notify your manager in writing immediately. This enables us to assess how best to mitigate the risk – for example, we may arrange to return the gift.

Our organisation’s response

The department will respond to alleged breaches of this policy consistent with the Act, the code, this policy and any other obligations that apply.

We will take a graduated approach. Our response will be fair, reasonable and proportionate. In some instances, no action will be taken. In others, we will deal with the matter:

• on an informal basis, for example, through education or counselling
• through a performance management process or similar, or
• if other methods are not appropriate, through a misconduct process.

A finding of misconduct may amount to a breach of the code of conduct. Serious misconduct can result in termination of employment.

Contractors may be subject to contract renegotiation or termination.

If a criminal offence may have occurred, the Victorian or Federal Police may investigate and prosecute.

Speak Up

Departmental persons who consider that offers of gifts, benefits or hospitality within the Department may not have been declared or are not being appropriately managed should speak up and notify their manager or authorised representative.

If you have a concern with regard to a gift, benefit and/or hospitality within the Department, you can also contact Integrity & Ethical Behaviour or use the Speak Up resources on the Department’s intranet.

The Department will take appropriate action, including possible disciplinary action, against employees who discriminate against or victimise those who speak up in good faith.

Responsibilities

Departmental persons

Ensure your personal interests do not influence and could not reasonably be perceived to influence you in your official role.

Do not seek or solicit gifts, benefits and hospitality for yourself or others.

Politely say “no thank you” to offers of gifts, benefits and hospitality and hold the position that “thanks is enough”.

Only accept offers that pass the integrity test(opens in a new window), and you have a legitimate business reason(opens in a new window) to accept.

Refuse all offers of gifts, benefits and hospitality that:

• Money or similar, used in a similar way to money, or easily converted to money.
• It gives rise to a conflict of interest (actual, potential or perceived).
• It could compromise the public’s trust that you will perform your duties impartially.
• It is not consistent with community expectations (The Newspaper Test)
• It could reasonably be seen as a bribe or other inducement (you must report criminal or corrupt conduct).
• It comes from a person or organisation that repeatedly offers GBH, a lobbyist, or is seeking endorsement
• It would advantage a sponsor
• Sufficient attendees from the department are already attending the offered event
• The offer contributes to the personal accumulation of loyalty points.
• Any if you are an Authorised Officer.

Even if it is not any of the above, you cannot accept without a legitimate business reason(opens in a new window).

Declare all non-token offers (valued at $50 or more) of gifts, benefits and hospitality, whether accepted or declined, using the Gifts, Benefits and Hospitality Declaration Form(opens in a new window).

Making your declaration will automatically add it to the Department’s official register.

Seek written approval from your manager or delegate to accept any non-token offer.

Report any breaches or compliance concerns with regard to this policy to the Speak Up resources on the department’s intranet, or contact Integrity & Ethical Behaviour(opens in a new window).

Ensure that any gift, benefit and hospitality provided for a business reason furthers the conduct of official business or other legitimate organisational goals, or promotes and supports government policy objectives and priorities.

Ensure that any costs are proportionate to the benefits obtained for the State and would be considered reasonable in terms of community expectations.

Ensure that when hospitality is provided, individuals demonstrate professionalism in their conduct and uphold their obligation to extend that duty of care to other participants.

Managers

Ensure all departmental persons are aware of this policy, and that support and guidance is provided to those departmental persons who receive an offer of gifts, benefits and hospitality.

When approached by a departmental person seeking written approval to accept any non-token offer, ensure that the offer is not:

• Money or similar, used in a similar way to money, or easily converted to money.
• Giving rise to a conflict of interest (actual, potential or perceived).
• It could compromise the public’s trust that you will perform your duties impartially.
• It is not consistent with community expectations (The Newspaper Test)
• It could reasonably be seen as a bribe or other inducement (you must report criminal or corrupt conduct).
• It comes from a person or organisation that repeatedly offers GBH, a lobbyist, or is seeking endorsement
• It would advantage a sponsor
• Sufficient attendees from the department are already attending the offered event
• The offer contributes to the personal accumulation of loyalty points.
• Being offered to an Authorised Officer.
• Even if it is not any of the above, you cannot accept without a legitimate business reason(opens in a new window).

These types of offers must be declined and declared.

• When reviewing a declarant’s Gifts, Benefits and Hospitality Declaration Form(opens in a new window), ensure:
• Only offers that pass the integrity test(opens in a new window), with a legitimate business reason, are being accepted.

All questions have been answered correctly, and that a legitimate business reason(opens in a new window) is clearly articulated with enough detail for those which have been accepted.

This review must be done before providing your final approval. If information is missing, or the decision made is not consistent with this policy, the form should be sent back to the declarant for changes. Gifts, Benefits and Hospitality Declaration Form(opens in a new window).

Ensure that all non-token offers (valued at $50 or more) of gifts, benefits and hospitality, whether accepted or declined, are being declared using the

The Secretary

Model good practice and foster a culture of integrity.

Establish, implement and review departmental policies and processes for the effective management of gifts, benefits and hospitality that comprehensively address the minimum accountabilities as set out by the VPSC.

When an employee speaks up in good faith, ensure that the department’s policy and procedures require the department to:

• actively support and protect employees who speak up in good faith about a possible breach of the policy
• take decisive action, including possible disciplinary action, against anyone who discriminates against or victimises an employee who speaks up in good faith
• respond in a constructive manner to the information provided.

Ensure that an official internal register of non-token gifts, benefits and hospitality offered to employees is established and maintained.

At a minimum, the register must record sufficient information to:

• effectively monitor, assess and report on the minimum accountabilities,
• meet the information requirements for the public register.

Communicate this policy and related process effectively to employees, including communicating that a breach of the gifts, benefits and hospitality policy or processes may constitute a breach of binding codes of conduct and, where appropriate, may result in disciplinary action. In some circumstances, a breach my constitute criminal or corrupt conduct.

Ensure that a clear policy position is established and communicated to business associates on the offering of gifts, benefits and hospitality to employees, including the possible repercussions for a business associate acting contrary to the organisation’s policy position.

The information provided to (potential) suppliers should include:

• what constitutes a gift, benefit or hospitality
• the organisation’s policy
• that the organisation discourages the making of offers
• any whole of Victorian Government supplier codes of conduct.

Report at least annually to the department’s Audit, Risk and Integrity Committee on the administration and quality control of the department’s gifts, benefits and hospitality policy, processes and internal register. This report must include a copy of the internal register, analysis of the organisation’s gifts, benefits and hospitality risks (including repeat offers from the same source and offers from business associates), risk mitigation measures and any proposed improvements.

Ensure that the following documents are available to the public:

• The department’s gifts, benefit and hospitality policy
• The public register of reportable gift offers received.

by publishing on the department’s public website.

The public register should cover the previous financial year and be published within four months of each new financial year.

The public register must at a minimum contain the following reportable information:

• all non-token offers, whether they were accepted or not
• the date each non-token offer was made
• the position of the recipient
• the position and organisation of the person making each offer
• where possible, whether the offeror is a business associate of the organisation
• a description of each offer and its value
• whether the offer was accepted or declined.
• if accepted, the business reason for doing so.

Integrity and Ethical Behaviour

Prepare, review at least annually and amend this policy as required.

Maintain forms, resources and registers used in the administration of gifts, benefits and hospitality management and reporting procedures.

Conduct quality assurance reviews of incoming declarations, ensuring declaration forms are complete, including evidence of manager approval, and where applicable, that the appropriate decision was made.

Provide information and advice to departmental persons to assist their understanding of gifts, benefits and hospitality and appropriate decision making of an offer.

Provide information and advice to departmental persons and managers to assist their understanding of gifts, benefits and hospitality and appropriate decision making of an offer.

Prepare the Gifts, Benefits and Hospitality Register for reporting to the Department’s Audit, Risk and Integrity Committee.

Prepare the Gifts, Benefits and Hospitality Register for publication on the Department’s website by 30 September each year.

Non-compliance with this policy

An employee’s failure to identify, declare and manage offers of gifts, benefits and hospitality in accordance with this policy may result in disciplinary action, including termination, on the basis of a breach of the VPS Code of Conduct. In some circumstances, a breach my constitute criminal or corrupt conduct.

History of changes

Content in this policy was developed through the consolidation of former DoT, PTV and VicRoads policies and consideration of policy content from other department/s organisations relevant to the policy topic.

This policy replaces the following policies:

• Confirmation that Responsible Parties listed in this policy agree with and understand their responsibilities as described.
• Updates to definitions to align with the VPSC draft model policy released June 2024.
• Updates to the policy body to align with the VPSC draft model policy released June 2024.
• Inclusion of guidance when responding to culturally significant gifts or providing gifts to Aboriginal and Torres Strait Islander guests.
• Inclusion of guidance for the registering, storage and display of gifts and ceremonial gifts accepted on behalf of the department.

Document Control Information

Attachment 1: Policy Definitions

Refer to the Corporate Policy Common Terms and Definitions for terms shared across the department’s suite of corporate policies including this policy.

The below table lists the terms specific to this policy only.

Attachment 2: Supporting information

Department people should also familiarise themselves and comply with the following information which supports and informs this policy.

DTP policies

Conflict of Interest Policy(opens in a new window)

Good Food Policy(opens in a new window)

Health, Safety and Wellbeing Framework(opens in a new window)

Travel Policy(opens in a new window)

Other DTP resources

Gifts, Benefits and Hospitality Declaration Form (opens in a new window)

Gifts, Benefits and Hospitality – Common Scenarios Guide(opens in a new window)

Providing Gifts, Benefits and Hospitality to others – A Simple Guide

Responding to Gifts, Benefits & Hospitality flowchart(opens in a new window)

Summary of Gifts, Benefits and Hospitality Minimum Accountabilities(opens in a new window)

Relevant legislation

Liquor Control Reform Act 1998 (Vic)(opens in a new window)

Occupational Health and Safety Act 2004 (Vic)(opens in a new window)

Public Administration Act 2004 (Vic)(opens in a new window)

Other external resources

Code of Conduct for Victorian Public Sector Employees(opens in a new window)

Victorian Public Service Enterprise Agreement 2020(opens in a new window)

VPSC ‘GIFT’ Test(opens in a new window)

VPSC ‘HOST’ Test(opens in a new window)