Any exceptions to this process must have the prior written approval from the Chief Parliamentary Counsel.
Token offers
A token offer is an offer of a gift, benefit or hospitality that is of inconsequential or trivial value to both the person making the offer and the individual. It may include promotional items such as pens and note pads, and modest hospitality which would be considered a basic courtesy, such as light refreshments offered during a meeting.
Whilst the primary determinant of a token offer is that it would not be reasonably perceived within or outside the organisation as influencing an individual raising an actual, potential or perceived conflict of interest, it cannot be worth more than $50. If token offers are made often by the same person or organisation, the cumulative value of the offers over 12 months, or the perception that they may influence the recipient, may result in the offers becoming non-token.
Individuals may accept token offers of gifts, benefits and hospitality without prior approval or declaring the offer on OCPC’s Gifts, Benefits and Hospitality (GBH) register.
OCPC employees must refuse all offers (with the exceptions listed below):
- made by a current or prospective supplier
- made during a procurement or tender process by a person or organisation involved in the process
- made by a person the OCPC employee will likely make a decision involving recruitment.
Exceptions
- token hospitality (a basic courtesy)
- a learning opportunity, such as a webinar, and all of the following apply:
- it is relevant to your work duties
- it has a legitimate business reason (benefit)
- it is free for all attendees
- the covering or discounting of additional costs (travel, accommodation) is not included in the offer
- it is consistent with community expectations.
Non-token offers
A non-token offer is an offer of 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. The OCPC/DPC threshold for token offers is $50. All offers valued over $50 are considered as non-token offers.
OCPC’s position is that all non-token offers should be declined, however, there will be some exceptions where there is a legitimate business reason for accepting a non-token offer (see section Accepting Non-Token Offers).
The Integrity test - Offers you must refuse
OCPC employees must refuse all non-token offers if any of the following apply:
- likely to influence them, or be perceived to influence them, in the course of their duties or raise an actual, potential or perceived conflict of interest
- if it could compromise the public's trust in performing your job in an impartial manner or the public's trust in the impartiality of OCPC or the public sector
- if it does not align with community expectations
- by a person or organisation about which they will likely make a decision (also applies to processes involving grants, sponsorship, regulation, enforcement or licensing)
- all offers from current or prospective government vendors or suppliers regardless of the monetary value (i.e. both token and non-token) with the exception of beverages or sandwiches over a lunchtime contract management meeting or invitations to free seminars on legitimate business topics
- likely to be a bribe or inducement to make a decision or act in a particular way
- that extend to their relatives or friends
- with no legitimate business benefit
- of money, or used in a similar way to money, or something easily converted to money
- repeat offers are multiple offers (whether token or non-token) from the same person, group or organisation. Their combined effect can sometimes lead to the perception that they could influence you
- where, in relation to hospitality and events, OCPC will already be sufficiently represented to meet its business needs where acceptance could be perceived as endorsement of a product or service, or acceptance would unfairly advantage the sponsor in future procurement decisions
- made by a person or organisation with a primary purpose to lobby Ministers, Members of Parliament or public sector agencies
- made in secret
- if you feel that accepting it would breach your obligations under the Code of Conduct for Victorian public sector employees. This is a broad test that you can use to protect yourself if you are still unsure about accepting an offer. If you are uncertain, you can seek advice from your manager.
- If an individual considers they have been offered a bribe or inducement, the offer must be reported to the Chief Parliamentary Counsel. Any criminal or corrupt conduct will be reported to the Independent Broad-based Anti-Corruption Commission and Victoria Police.
- If you are offered a gift, benefit or hospitality at work, take the GIFT Test to guide your decision-making
GIFT test
The acronym GIFT stands for: Giver, Influence, Favour and Trust.
| Giver | Who is providing the gift, benefit or hospitality and what is their relationship to me? Does my role require me to select contractors, award grants, regulate industries or determine government policies? Could the person or organisation benefit from a decision I make? |
| Influence | Are they seeking to gain an advantage or influence my decisions or actions? Has the gift, benefit or hospitality been offered to me publicly or privately? Is it a courtesy or a token of appreciation or valuable non-token offer? Does its timing coincide with a decision I am about to make or endorse a product or service? |
| Favour | Are they seeking a favour in return for the gift, benefit or hospitality? Has the gift, benefit or hospitality been offered honestly? Has the person or organisation made several offers over the last 12 months? Would accepting it create an obligation to return a favour? |
| Trust | Would accepting the gift, benefit or hospitality diminish public trust? How would the public view acceptance of this gift, benefit or hospitality? What would my colleagues, family, friends or associates think? |
Accepting Non-Token Offers - Legitimate Business Reasons
All accepted non-token offers must be pre-approved in writing by the individual’s manager (via the OCPC Gifts, Benefits and Hospitality Declaration Form) and be consistent with the following requirements:
- it does not raise an actual, potential or perceived conflict of interest or have the potential to bring the individual, OCPC/DPC or the public sector into disrepute (the ‘GIFT’ test table is a good reminder of what to think about in making this assessment)
- there is a legitimate business reason for acceptance ie. It is offered in the course of the individual’s official duties, relates to the individual’s responsibilities and has a benefit to the department, public sector or the State.
The business reason for accepting the non-token offer must be recorded on the OCPC Gifts, Benefits and Hospitality Declaration Form (Appendix B) and provide sufficient detail to link the acceptance to the individual’s work functions and benefit to the OCPC/DPC, public sector or State. This information will also be recorded on the OCPC Gifts, Benefits and Hospitality Register, which is required to be publically published on the Office’s external website annually.
Examples of acceptable and unacceptable levels of detail to be included when recording the business reason are below.
| Unacceptable: | "Networking" "Maintaining stakeholder relationships" |
| Acceptable: | “Individual is responsible for evaluating and reporting outcomes of OCPC’s sponsorship of Event A. Individual attended Event A in an official capacity and reported back to the OCPC on the event.” “Individual presented to a visiting international delegation. The delegation presented the Individual with a cultural item worth an estimated $200. Declining the gift would have caused offence. The Gift was accepted, written prior approval was subsequently obtained for the gift, which became property of OCPC.” |
Declaring and recording non-token offers of gifts, benefits and hospitality
Individuals must declare all non-token offers, whether accepted or declined by completing and providing a OCPC Gifts, Benefits and Hospitality Declaration Form (Appendix B) to Chief Parliamentary Counsel. Where there is no opportunity to seek written prior approval from their manager prior to accepting a gift or hospitality, the individual must seek approval from their manager and complete the OCPC Gifts, Benefits and Hospitality Declaration Form within five business days.
Ownership of gifts offered to individuals
Non-token gifts accepted by an individual for their work or contribution may be retained by the individual where their manager or organisational delegate has provided prior written approval. Employees must transfer to the department official gifts or any gift of cultural significance or significant value (over $50).
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