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Gifts, benefits and hospitality policy

This policy establishes the Library’s principles and controls that relate to:  

  • Responding to offers of Gifts, Benefits and Hospitality, and 
  • Providing Gifts, Benefits and Hospitality, to avoid actual, potential or perceived Conflicts of Interest and maintain high levels of integrity and public trust. 

Scope 

This policy applies to all employees, members of the Board and committees, contractors, consultants, and any agents acting on behalf of the Library.  

It also applies to suppliers as per the scope of their contract or agreement with the Library.  

Principles  

The Library is committed to, and will uphold, the following principles in applying this policy:  

  • Impartiality: Individuals place the public interest above their private interests when carrying out their work or official functions. This includes demonstrating Public Sector Values and acting in accordance with the VPSC’s Code of Conduct  
  • Accountability: Individuals are accountable for meeting the requirements and specific responsibilities of this policy  
  • Integrity: Individuals earn and sustain public trust by providing or responding to offers of Gifts, Benefits and Hospitality in a manner that is consistent with community expectations, including by not seeking or soliciting Gifts, Benefits or Hospitality that could reasonably be seen as connected with their employment for themselves or others  
  • Risk orientation: The Library, through its policies, procedures, Audit and Risk Management Committee and oversight practices ensures Gifts, Benefits and Hospitality risks are appropriately identified, assessed and managed.  

This policy supports the Library’s compliance with the: 

  • Financial Management Act 1994 (FMA) and its Standing Directions 2018, including the Instructions and Guidance that support the Standing Directions, specifically the minimum accountabilities for managing gifts, benefits and hospitality established by the Victorian Public Service Commission which are binding under Instruction 3.4.11 
  • Public Sector Codes of Conduct, and 
  • Public Sector Values, as set out in section 7 of the Public Administration Act 2004. 

Responsibility of all Library employees  

  • Decline all Non-Token Offers that do not meet the requirements specified above 
  • Declare any Non-Token Offer or Official Gift received, whether it was accepted or declined 
  • Declare any attempted bribe or inducement 
  • Declare repeated offers, irrespective of their value 
  • Seek advice from their manager or Policy and Risk wherever unsure if it is appropriate to accept an offer or to provide a Gift, Benefit or Hospitality 
  • When providing a Gift, Benefit or Hospitality, ensure it accords with this Policy 
  • Ensure familiarity and compliance with this policy and other policies in the Integrity Framework, including the Conflicts of Interest Policy and the Public Interest Disclosure Policy 
  • Complete any associated mandatory training. 

Gifts that may be accepted 

Token offer 

A Token Offer may be accepted if it does not meet any of the requirements for refusing offers specified below.  

Non-token offers 

A Non-Token Offer may be accepted if:  

  • It is for a Legitimate Business Reason, offered in the course of the receiver’s work or official duties  
  • It does not meet any of the requirements for refusing offers specified below  
  • Acceptance is approved by:
    • The individual’s Branch Head, or  
    • Where the Official Gift value is more than $100, by the CEO, and
  • It is declared and recorded on the Library’s register.  

Gifts that must not be accepted

Offers of Gifts, Benefits and Hospitality must not be accepted if:  

  • The offer is a Non-Token Offer that is not for a Legitimate Business Reason  
  • Acceptance could raise a reasonable perception of, or actual, bias or preferential treatment  
  • Acceptance could bring the receiver, the Library or the public sector into disrepute 
  • Acceptance is likely to influence the receiver, or be perceived to influence them, in the course of their duties or that may lead to a Conflict of Interest (actual, potential or perceived)  
  • The offer is from a person or organisation about which the person receiving the offer is likely to make or influence a business decision, particularly offers made:  
    • By a current or prospective supplier, or  
    • During a procurement or tender process by a person or organisation involved in the process  
  • The offer is likely to be a bribe or inducement to make a decision or act in a particular way
  • The offer extends to the receivers’ relatives or friends 
  • The offer is money, something used in a similar way to money, or something easily converted to money (e.g., a gift voucher)
  • In relation to hospitality and events, the Library will already be sufficiently represented to meet its business needs
  • Acceptance could be perceived as endorsement of a product or service, or acceptance would unfairly advantage the sponsor in future procurement decisions 
  • The offer is made by a person or organisation with a primary purpose to lobby public sector organisations, and/or 
  • The offer is made in secret. 

Bribes and Inducements  

If an offer of a Gift, Benefit or Hospitality is likely to be a bribe or inducement to make a decision or act in a particular way, the offer must be reported to the CEO (who should report any criminal or corrupt conduct to Victoria Police or the Independent Broad-based Anti-corruption Commission (IBAC) respectively.  

Any attempted bribe or inducement must be declared and recorded on the Library’s register.  

Official Gifts  

Individuals may retain Official Gifts with a value up to $100 with approval by their Branch Head.  

Where an individual receives an Official Gift with a value of more than $100, or any gift of cultural significance they must transfer the gift to the Library.  

Any Official Gift must be declared and recorded on the Library’s register, irrespective of its value.  

Gifts to the Library’s State Collection should be dealt with in accordance with the Collections Policy.  

The CEO may give permission to purchase an Official Gift, after first establishing that no other public entity (e.g., Museums Victoria) wishes to retain it.  

Repeat Offer 

Receiving multiple offers (whether Token or Non-Token Offers) from the same person or organisation can generate a stronger perception that the person or organisation could influence the receiver.  

Individuals should refuse repeat offers from the same source if they create a conflict of interest or may lead to reputational damage. 

Repeat offers must be declared and recorded on the Library’s register, irrespective of their value. 

Requirements for providing Gifts, Benefits and Hospitality to others  

Gifts, Benefits and Hospitality may be provided by the Library to:  

  • Welcome guests  
  • Facilitate the development of business relationships  
  • Further public sector business outcomes, and  
  • Celebrate achievements.  

When determining whether to provide a Gift, Benefit or Hospitality, or the type of Gift, Benefit or Hospitality to provide, individuals must ensure:  

  • Any Gift, Benefit or Hospitality is provided for a Legitimate Business Benefit  
  • That any costs are proportionate to the benefits obtained and would be considered reasonable in terms of community expectations  
  • It does not raise an actual, potential or perceived Conflict of Interest, and  
  • Participants demonstrate professionalism in their conduct and uphold their obligation to extend a duty of care to other participants.  

Record keeping and reporting  

The Library must maintain a register which records:  

  • All Non-Token Offers, whether accepted or declined  
  • All repeat offers from the same source, irrespective of value  
  • All Official Gifts, irrespective of value, and  
  • Any attempted bribe or inducement, irrespective of value.  

An abridged version of the Library’s register, covering the current and previous financial year is published on the Library’s public website.  

Definitions:

  • Benefit: means preferential treatment, privileged access, favours or other advantage offered to an individual. A benefit may include invitations to sporting, cultural or social events, access to discounts and loyalty programs or promises of a new job. The value of a benefit may be difficult to define in dollars, but as they are valued by the individual, they may be used to influence the individual’s behaviour. 
  • Gift: means a free or discounted item or service and any item or service that would generally be seen by the public as a gift. These include items of high value (e.g., artwork, jewellery, or expensive pens) low value (e.g., small bunch of flowers), consumables (e.g. chocolate) and services (e.g. painting and repairs). 
  • Hospitality: means the friendly reception and entertainment of guests. Hospitality may range from light refreshments at a business meeting to expensive restaurant meals, sponsored travel, or accommodation.
  • Legitimate business benefit: a Gift, Benefit or Hospitality may have a legitimate business benefit if it furthers the conduct of official business or other legitimate goals of the Library, the public sector, or the State.    
  • Non-Token Offer: means a Gift, Benefit or Hospitality that is, or may be perceived to be by the recipient, the person making the offer, or by the wider community, of more than inconsequential value. All offers of a Gift, Benefit or Hospitality that are worth more than $50 are Non-token Offers and are therefore declarable. 
  • Official Gift: means gifts intended for the Library, or the State, rather than an individual recipient. Often known as ceremonial gifts which may be provided as part of the culture and practices of communities and government, within Australia or internationally. Ceremonial gifts are usually provided when conducting business with official delegates or representatives from another organisation, community or foreign government. 
  • Token Offer: means a Gift, Benefit or Hospitality that is of inconsequential or trivial value to both the person making the offer and the recipient. Examples include promotional items such as pens and note pads, sweets or flowers offered in appreciation, or light refreshments during a meeting. A Token Offer must not be worth more than $50.