Gifts, Benefits and Hospitality

Minimum accountabilities

For managing gifts, benefits and hospitality in the Victorian public sector.

Part A – Introduction

The minimum accountabilities are issued by the Victorian Public Sector Commission (VPSC).

A gift, benefit or hospitality must not be accepted or given by a public sector organisation or its employees if the offer does not comply with these minimum accountabilities.

The minimum accountabilities are binding under the Instructions supporting the Standing Directions of the Minister for Finance 2018.

Part B – Receiving offers of gifts, benefits and hospitality

You must comply with the minimum accountabilities when responding to all offers of gifts, benefits or hospitality (token or non-token), including offers from other public sector organisations.

Minimum accountability 1 – do not solicit offers

You must not solicit (seek) any gift, benefit or hospitality, for yourself or others, if the offer could reasonably be seen as connected to your employment.

Minimum accountability 2 – offers you must refuse

You must always refuse a gift, benefit or hospitality (token or not token) if any of the following apply.

1. Money or similar

You must refuse the offer if it is money, used in a similar way to money, or easily converted to money, including vouchers other than non-cash vouchers offered as gifts of appreciation, as defined in this policy.

2. Conflict of interest

You must refuse the offer if it gives rise to a conflict of interest (actual, potential or perceived). This means you must refuse the offer if it could influence, or reasonably be seen to influence, how you perform your public duties.

3. Public trust

You must refuse the offer if it 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 your organisation or the public sector.

4. Community expectations

You must refuse the offer if it is not consistent with community expectations.

5. Bribes

You must refuse the offer if it could reasonably be seen as a bribe or other inducement. Report the offer to the head of your public sector organisation or their delegate (who should report any criminal or corrupt conduct to Victoria Police or the Independent Broad-based Anti-corruption Commission).

6. Legitimate business reason – non token offers

Even if the offer complies with all the other requirements above, you must refuse a non-token offer unless there is a legitimate business reason to accept it. The offer must further the conduct of official business or other legitimate goals of the department, your school, the public sector or the state.

Minimum accountability 3 – declare all non-token offers

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

• declare the offer on the department’s Online Registry System, even if you refuse it
• always refuse the offer unless it complies with minimum accountability 2 and you have approval as set out in this policy.

The offer and outcome will be recorded on the organisation’s official internal register and in the public register.

Part C – Providing gifts, benefits and hospitality

These minimum accountabilities relate to providing gifts, benefits and hospitality on behalf of your organisation.

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

Minimum accountability 4 – business purpose

You must ensure that any gift, benefit and hospitality (token or non-token) you provide on behalf of the department or a school is provided for a business purpose, in that it:

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

Minimum accountability 5 – cost and community expectations

You must ensure that the cost of providing a gift, benefit or hospitality is:

• proportionate to the benefits obtained for the state
• would be considered reasonable in terms of community expectations.

Minimum accountability 6 – conflicts of interest

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 your organisation develops a management plan that explicitly allows you to provide it.

Minimum accountability 7 – behaviour

You must ensure that when hospitality is provided, participants:

• demonstrate professionalism in their conduct
• 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.

Obligations for the Secretary of the Department of Education

The minimum accountabilities prescribe additional obligations for the heads of public sector organisations. The relevant public sector organisation head for schools is the Secretary of the Department of Education.

Among these are obligations to maintain and publish a register of all reportable offers of gifts, benefits and hospitality made to staff.