Gifts, Benefits and Hospitality

Breaches and speaking up

Breaches

Disciplinary action consistent with the relevant industrial instrument and legislation, including dismissal, may be taken where school staff fail to adhere to this policy. This includes where school staff fail to avoid wherever possible, or identify, declare and manage a conflict of interest related to gifts, benefits and hospitality in accordance with the Conflict of Interest policy.

Actions inconsistent with this policy may constitute misconduct under the Public Administration Act 2004, which includes:

• breaches of the binding Code of conduct for Victorian public sector employees and the Code of conduct for directors of public entities, such as sections of the codes covering conflict of interest, public trust and gifts and benefits
• school staff making improper use of their position.

In the event of identified non-compliance, principals and managers may proceed with actions in accordance with the Complaints, Misconduct and Unsatisfactory Performance policy.

Procurement Division will report instances of potential non-compliance to authorised delegates, to allow them to take actions under the Complaints, Misconduct and Unsatisfactory Performance policy.

Instances of non-compliance will also be reported to the department’s Audit and Risk Committee.

Schools will communicate this policy on the offering and provision of gifts, benefits and hospitality to contractors, consultants and other business associates using the letter to supplier template (DOCX) (staff login required). Those identified as acting inconsistently with this policy may be subject to contract re-negotiation, including termination.

Speaking up

School staff who consider that gifts, benefits and hospitality or conflict of interest within the school may not have been declared or is not being appropriately managed should speak up and notify their manager or principal.

School staff can seek advice about unprofessional conduct from Fraud and Corruption Control (03 7022 0121) or fraud.control@education.vic.gov.au

School staff can report to the department’s external Speak Up service:

Hotline service: 1800 633 462
Email: educationspeakup@pkf.com.au
Web: PKF Integrity Portal

School staff who believe they have observed corrupt conduct in their colleagues may also make a protected disclosure directly to the Independent Based-based Anti-corruption Commission (IBAC).

How the department or school must respond if personnel speak up

The department must always:

• actively support and protect employees who speak up in good faith
• 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.