This policy sets out the Social Services Regulator’s (SSR) position on:
- responding to offers of gifts, benefits and hospitality, and
- providing gifts, benefits and hospitality.
This policy is intended to support individuals and the SSR to avoid conflicts of interest and maintain high levels of integrity and public trust.
The SSR has issued this policy to support behavior consistent with the Code of conduct for Victorian public sector employees (the Code). All employees are required under clause 1.2 of the Code to comply with this policy.
This policy applies to employees, contractors, consultants and any individuals or groups undertaking activity for or on behalf of the SSR.
Gifts, Benefits and Hospitality Policy principles
This policy has been developed in accordance with the minimum accountabilities for the management of gifts, benefits and hospitality issued by the Victorian Public Sector Commission.
The SSR is committed to and will uphold the following principles in applying this policy:
Impartiality
Employees of the SSR have a duty to place the public interest above their private interests when carrying out their official functions. They will not accept gifts, benefits or hospitality that could raise a reasonable perception of potential, or actual, bias or preferential treatment. Individuals do not accept offers from those they are likely to make business decisions about or who may be affected by regulatory decisions or actions of the SSR.
Accountability
Individuals are accountable for:
- declaring all offers of gifts, benefits and hospitality
- requesting approval for all offers $50 or over
- declining offers of gifts, benefits and hospitality, where required by this policy
- the responsible provision of gifts, benefits and hospitality.
Integrity
SSR employees strive to earn and sustain public trust by responding to offers of gifts, benefits and hospitality in a manner that is consistent with what the community expects. Individuals will refuse any offer that may lead to an actual, perceived or potential conflict of interest.
Risk-based approach
The SSR, through its policies, processes and Audit and Risk Committee, will ensure gifts, benefits and hospitality risks are appropriately assessed and managed. Individuals with direct reports will ensure they are aware of the risks inherent in their team’s work and functions and monitor the risks their direct reports are exposed to.
Thanks is enough
Managers should build a culture that encourages employees to uphold particularly high levels of integrity. This means politely declining offers where practical, and proactively telling external parties – such as suppliers, people who use our services and those we regulate – that the SSR prefers they don’t offer gifts, benefits or hospitality.
Minimum accountabilities
Under the Instructions supporting the Standing Directions of the Minister for Finance 2016, the Victorian Public Sector Commission has set binding minimum accountabilities for the appropriate management of gifts, benefits and hospitality. In line with Victorian Public Sector Commission guidance, this policy’s position is that because the SSR is a regulator, not accepting gifts and hospitality appropriately reflects its operating environment and risk profile.
Definitions
| Business associate | An external individual or entity the organisation has or plans to establish some form of business relationship with. Or who may seek commercial or other advantage by offering gifts, benefits or hospitality. |
| Benefits | Preferential treatment, privileged access, favours or other advantage offered to an individual. This may include invitations to sporting, cultural or social events; access to discounts and loyalty programs; and promises of a new job. The value of benefits 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. |
| Ceremonial gifts | Ceremonial gifts are official gifts 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. Ceremonial gifts are the property of the public sector organisation, irrespective of value, and should be accepted by individuals on behalf of the public sector organisation. The receipt of ceremonial gifts should be recorded in the register but does not need to be published online. |
| Conflicts of interest | Actual conflict of interest: There is a real conflict between an employee’s public duties and private interests. Potential conflict of interest: An employee has private interests that could conflict with their public duties. This refers to circumstances where it is foreseeable that a conflict may arise in future and steps should be taken now to mitigate that future risk. Perceived conflict of interest: The public or a third party could form the view that an employee’s private interests could improperly influence their decisions or actions, now or in the future. |
| Gifts | Free or discounted items and any item that would generally be seen by the public as a gift. These include but are not limited to items of high value (e.g. artwork, jewellery or expensive pens), low value (e.g. small bunch of flowers) and consumables (e.g. chocolates) and services (e.g. painting and repairs). Fundraising by public sector organisations that is consistent with relevant legislation and any government policy is not prohibited under the minimum accountabilities. |
| Hospitality | The friendly reception and entertainment of guests. Hospitality may range from light refreshments at a business meeting to expensive restaurant meals and sponsored travel and 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 public sector organisation, the public sector or the state. |
| Public official | As defined in section 4 of the Public Administration Act 2004. This includes:
directors of public entities. |
| Public register | A record, preferably digital, of all declarable gifts, benefits and hospitality. |
| Token offer | A token offer is a gift, benefit or hospitality that is of inconsequential or trivial value to both the person making the offer and the recipient (such as basic courtesy). |
| 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. All offers worth more than $50 are non-token offers and must be recorded on a gift, benefit and hospitality register. |
Management of offers, gifts, benefits and hospitality
This policy requires that gifts and hospitality should not be accepted. However, there are limited exceptions to this, outlined below.
This section sets out the process for accepting, declining and recording offers of gifts, benefits and hospitality. Any exceptions to this process must have the prior written approval of the Regulator.
Conflict of interest and reputational risks
When deciding whether to accept an offer, individuals should first consider if the offer could be perceived as influencing them in performing their duties or lead to reputational damage. The more valuable the offer, the more likely that a conflict of interest or reputational risk exists.
| G | Giver | Who is providing the gift, benefit or hospitality and what is their relationship to me? Does my role require me to select suppliers, award grants, regulate industries or determine government policies? Could the person or organisation benefit from a decision I make? |
| I | 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 a valuable non-token offer? Does its timing coincide with a decision I am about to make? |
| F | 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? |
| T | 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? |
Requirement for refusing offers
Individuals should consider the GIFT test at Figure 1 and the requirements below to help decide whether to refuse an offer. Individuals are to refuse offers:
- likely to influence them, or be perceived to influence them, in the course of their duties or that raise an actual, potential or perceived conflict of interest
- could bring them, the SSR or the public sector into disrepute
- made by a person or organisation about which they will likely make or influence a decision (this also applies to processes involving grants, sponsorship, regulation, enforcement or licensing), particularly offers:
- made by a current or prospective supplier
- made during a procurement or tender process by a person or organisation involved in the process
- likely to be a bribe or inducement to make a decision or act in a particular way
- that extend to their relatives or friends
- of money, or used in a similar way to money, or something easily converted to money
- where, in relation to hospitality and events, the SSR 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 organisations
- made in secret.
If an individual believes they have been offered a bribe or inducement, the offer must be reported to the Regulator (who should report any criminal or corrupt conduct to Victoria Police or the Independent Broad-based Anti-Corruption Commission, also known as IBACC).
Exceptions – token offers
This policy requires that gifts and hospitality should not be accepted and offers of gifts and hospitality are to be recorded in the SSR’s gifts, benefits and hospitality register, whether token or non-token.
There are some specific exceptions where a person may accept a token offer. These are:
| Promotional material | Stationary such as pens and note pads or other promotional material, for example given to all attendees at a conference or event. |
| Hospitality provided by Victorian public sector organisations | Victorian public sector organisations may provide hospitality to stakeholders, as part of their functions. Hospitality offered by a Victorian public sector organisation can be accepted where the reason for the individual’s attendance is consistent with the SSR’s functions and objectives and with the individual’s role. |
| Other modest hospitality | Modest hospitality that would be considered a basic courtesy and proportionate to the occasion, such as tea or coffee offered in the course of a business meeting, catering such as sandwiches at a conference or meeting, or finger food at an opening ceremony. |
| Free training and associated hospitality | Free training and associated modest hospitality from professional organisations engaged under a state purchasing contract when there is a legitimate business benefit (such as continuing professional development training). |
When considering these exceptions, individuals should still consider whether the gift or benefit creates a conflict of interest or could lead to reputational damage.
These exceptions are not required to be recorded in the SSR’s gifts, benefits and hospitality register.
Non-token offers
Individuals may only accept non-token offers if the offer has a legitimate business benefit and if acceptance has been approved in writing by the Regulator. A non-token offer may only be accepted where:
- it does not raise an actual, potential or perceived conflict of interest or have the potential to bring the individual, the SSR or the public sector into disrepute
- there is a legitimate business reason for acceptance. This means it is offered in the course of the individual’s official duties; relates to the individual’s responsibilities; and has a benefit to the SSR, public sector or the state.
Examples of non-token offers that may be accepted could include payment of a conference fee when a person is giving a keynote speech, or receiving an award, where that activity promotes or supports the work of the organisation.
Individuals may be offered a gift or hospitality where there is no opportunity to seek written approval from their manager prior to accepting. For example, they may be offered a wrapped gift that they later identify as being a non-token gift. In these cases, the individual must seek approval from the manager within five business days.
If the gift would likely bring the individual or the SSR into disrepute, the SSR should return the gift. If it represents a conflict of interest for the individual the SSR should either return the gift or transfer ownership to the SSR to mitigate this risk.
All gifts accepted must be recorded on the gifts, benefits and hospitality register.
Recording non-token offers of gifts, benefits and hospitality
All offers of gifts, benefits and hospitality must be recorded in the Regulator’s gifts, benefits and hospitality register. This includes:
- offers that have been accepted
- offers that have been declined
- gifts of any value.
Token offers (set out in the above table), and their acceptance, do not need to be recorded.
All non-token offers, whether accepted or declined, must be recorded in the SSR's gifts, benefits and hospitality register. The business reason for accepting the non-token offer must be recorded in the register with sufficient detail to link the acceptance to the individual’s work functions and benefit to the SSR, public sector or state.
Individuals should consider the following examples that show acceptable and insufficient levels of detail to be included in the SSR’s register when recording the business reason:
| Insufficient register entry | Acceptable register entry |
| Maintaining stakeholder relationships | Individual is responsible for evaluating and reporting on the outcomes of the SSR’s sponsorship of Event A. Individual attended Event A in an official capacity and reported back to the SSR on the event. |
| Networking | 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 on behalf of the SSR. |
Process for declaring gifts
An individual making a declaration of gifts should use the SSR Gifts Benefits and Hospitality Declaration Form, and once completed provide to the Manager, Budget and Finance for entry into the gifts register. Access to edit the register is restricted to relevant people within the SSR.
If the SSR intends to accept a gift, benefit or hospitality then the SSR needs approval from the Social Services Regulator’s General Counsel.
The SSR’s Audit and Risk Committee, or its equivalent committee, will receive a report at least annually on the administration and quality control of the gifts, benefits and hospitality policy, processes and register. The report will include analysis of the SSR’s gifts, benefits and hospitality risks (including multiple offers from the same source and offers from business associates), risk mitigation measures and any proposed improvements.
The public register will contain a subset of the information detailed in the SSR’s internal register.
Ownership of gifts offered to individuals
Non-token gifts with a legitimate business benefit that have been accepted by an individual for their work or contribution may be kept if:
- the gift is not likely to bring them or the SSR into disrepute and
- where the SSR has provided written approval.
Employees must transfer to the SSR official gifts or any gift of cultural significance or significant value.
Repeat offers
Receiving multiple offers (token or non-token) from the same person or organisation can generate a stronger perception that the person or organisation could influence an employee. Individuals should refuse repeat offers from the same source if they create a conflict of interest or may lead to reputational damage.
Ceremonial gifts
Ceremonial gifts are official gifts provided as part of the culture and practices of communities and government, within Australia or internationally. Ceremonial gifts are the property of the organisation, irrespective of value, and should be accepted by individuals on behalf of the SSR. The receipt of ceremonial gifts should be recorded on the SSR’s register, but this information does not need to be published online.
Management of the provision of gifts, benefits and hospitality
This section sets out the requirements for providing gifts, benefits and hospitality.
| H | Hospitality | To whom is the gift or hospitality being provided? Will recipients be external business associates, or individuals of the host organisation? |
| O | Objectives | For what purpose will hospitality be provided? Is the hospitality being provided to further the conduct of official business? Will it promote and support government policy objectives and priorities? Will it contribute to staff wellbeing and workplace satisfaction? |
| S | Spend | Will public funds be spent? What type of hospitality will be provided? Will it be modest or expensive, and will alcohol be provided as a courtesy or an indulgence? Will the costs incurred be proportionate to the benefits obtained? |
| T | Trust | Will public trust be enhanced or diminished? Could you publicly explain the rationale for providing the gift or hospitality? Will the event be conducted in a manner which upholds the reputation of the public sector? Have records in relation to the gift or hospitality been kept in accordance with reporting and recording procedures? |
Requirements for providing gifts, benefits and hospitality
Gifts, benefits and hospitality may be provided when welcoming guests, to facilitate the development of business relationships, further public sector business outcomes and to celebrate achievements.
When deciding whether to provide gifts, benefits or hospitality or the type of gift, benefit or hospitality to provide, individuals must ensure:
- any gift, benefit or hospitality is provided for a business reason that furthers the conduct of official business or other legitimate organisational goals, or promotes and supports government policy objectives and priorities
- any costs are proportionate to the benefits obtained for the state, and would be considered reasonable in terms of community expectations (the ‘HOST’ test at Figure 2 is a good reminder of what to think about in making this assessment)
- it does not raise an actual, potential or perceived conflict of interest.
Containing costs
Individuals should contain costs involved with providing gifts, benefits and hospitality wherever possible, and should comply with the financial probity and efficient use of resources guidance outlined in the Code. The following questions might help individuals to decide on the type of gift, benefit or hospitality to provide:
- Will the cost of providing the gift, benefit or hospitality be proportionate to the potential benefits?
- Is an external venue necessary or does the SSR have facilities to host the event?
- Is the proposed catering or hospitality proportionate to the number of attendees?
- Does the size of the event and number of attendees align with intended outcomes?
- Is the gift symbolic, rather than financial, in value?
- Will providing the gift, benefit or hospitality be viewed by the public as excessive?
Related policy, legislation and other documents
Minimum accountabilities for the management of gifts, benefits and hospitality (see Instructions supporting the Standing Directions of the Minister for Finance)
- the Social Services Regulator’s Conflict of Interest Policy
- Public Administration Act 2004
- Code of Conduct for Victorian Public Sector Employees
- Victorian Public Sector Commission’s Gifts, Benefits and Hospitality Policy Guide
Authorising officer
This policy is issued under the authority of the SSR as the Authorising Officer.
Breaches
The SSR may take disciplinary action (including dismissal) consistent with any relevant industrial instrument and legislation where an individual fails to adhere to this policy. This includes where an individual fails to avoid wherever possible or identify, declare and manage a conflict of interest related to gifts, benefits and hospitality in accordance with the SSR’s Conflict of Interest Policy.
Actions inconsistent with this policy may constitute misconduct under the Public Administration Act 2004, which includes:
- breaches of the Code, such as sections of the Code covering conflict of interest, public trust, gifts and benefits
- individuals making improper use of their position.
For further information on managing breaches of this policy, please contact the SSR or its General Counsel.
The SSR will communicate its policy on the offering and provision of gifts, benefits and hospitality to contractors, consultants and other business associates. Those identified as acting inconsistently with this policy may be subject to contract re-negotiation, including termination.
Speak up
Individuals who believe that gifts, benefits and hospitality or conflict of interest within the SSR may not have been declared or are not being appropriately managed should speak up and notify the SSR. Individuals who believe they have observed corrupt conduct in their colleagues may also make a protected disclosure directly to the Independent Based Anti-corruption Commission (IBAC).
The SSR will take decisive action, including possible disciplinary action, against individuals who discriminate against or victimise those who speak up in good faith.
Contacts for further information
A conflict of interest resulting from the acceptance of a gift, benefit or hospitality is not always clear to those who have them. Individuals who are unsure about accepting a gift, benefit or hospitality, or the application of this policy, should ask the Manager, Budget and Finance as the policy owner or the Regulator, as the Authorising Officer, for advice.
Policies and guidelines
- Quick Guide: Gifts, benefits and hospitality policy
Compliance
This policy is designed to ensure compliance with all relevant legislation, in particular:
- Minimum accountabilities for the management of gifts, benefits and hospitality (see Instructions supporting the Standing Directions of the Minister for Finance)
- Regulator’s Conflict of Interest Policy
- Code of Conduct for Victorian Public Sector Employees
- Victorian Public Sector Commission’s Gifts, Benefits and Hospitality Policy Guide
- Public Administration Act 2004
Policy review and currency
This policy is to be reviewed:
- within three years of the last approved date or
- within six months of any significant legislative change or VPS-wide policy change that affects the policy.
Version history
| Version | Date of effect | Amendment details | Amended by |
| 2.0 | 9/08/2024 | Minor wording change | Regulator |
| Record no. | SSR/PO/GBH |
| Policy owner: | Manager, Budget and Finance |
| Approved by: | Regulator |
| Approved on: | 09/08/2024 |
| Next Review Due: | 09/08/2027 |
Updated
Social Services Regulator Gifts, Benefits and Hospitality Register