Giving and Receipt of Gifts and Benefits in relation to staff of the University - Managerial Policy

Part A: Preliminary

1. Overview

This policy provides a framework to enable University staff to consider the giving and receiving of gifts and benefits in the course of their official duties.

All members of the University should be aware of the provisions of the USC Code of Conduct - Governing Policy which provides guidance for staff of the University in the ethical conduct of their duties. To assist staff to ensure that their duties are carried out impartially and with integrity, this policy has been developed to provide guidance in instances where gifts or benefits are to be given or received.

2. Application

This policy applies to all staff of the University and should be read in conjunction with the principles relating to the giving and receipt of gifts and benefits outlined in the Public Sector Ethics Act 1994, the USC Code of Conduct and the Financial Accountability Act 2009.

3. Definitions

Intangible gift or benefit’is one which has no lasting value and which cannot be dealt with as property of the University. Examples include but are not limited to:

An intangible gift or benefit can be nominal, significant or reportable and must be dealt with in accordance with this policy.

‘Tangible gift or benefit’ is one having a significant or lasting real value. Examples include but are not limited to:

‘Fair market value’ means the reasonable retail value of the gift or benefit.

Part B: Policy

4. Policy principles

The University and its staff are placed in a position of trust and should act in ways which maintain public confidence in the University. Consequently, it is not appropriate for staff to be offered, to accept, or to give gifts and benefits that affect, may be likely to affect, or could reasonably be perceived to affect, the performance of their duties.

The first consideration must always be whether a gift or benefit is appropriate to accept. There are two major considerations – why was the offer made and the public perception of acceptance. Staff should discuss these issues with their supervisor to ensure appropriate approval is obtained prior to a decision about whether to accept a gift or benefit.

In no circumstances should staff:

It is important that conflict of interest situations, once recognised, are declared and resolved in a way which promotes propriety and integrity. Consequently a staff member facing a conflict of interest situation (whether actual, potential or perceived) must notify their supervisor. Merely declaring the conflict situation without taking steps to resolve the situation will almost always be insufficient. An example of resolving the conflict is:

5. Nominal gifts or benefits

A nominal gift or benefit is one with a fair market value of less than $100. Examples include but are not limited to entertainment, hospitality, a bottle of wine, flowers or chocolates.

Staff must advise their supervisor of the circumstances and details of a nominal gift or benefit. Nominal gifts are the property of the University. However, at the discretion of the Head of the Cost Centre permission may be given for a staff member to retain the gift or benefit.

6. Significant gifts or benefits

A significant gift or benefit is one with a fair market value between $100 and $250. Examples include but are not limited to ornaments, works of art or jewellery.

While significant gifts or benefits are the property of the University, at the discretion of the Head of the Cost Centre permission may be given for a staff member to retain the gift or benefit. However, significant gifts or benefits must be reported to the Pro Vice-Chancellor (Corporate Services) and Chief Financial Officer for recording in the Reportable Gift Register within 14 days of receipt.

7. Reportable gifts or benefits

A reportable gift or benefit is one with a fair market value of over $250.

Reportable gifts or benefits are the property of the University and must be declared to the Pro Vice-Chancellor (Corporate Services) and Chief Financial Officer within 14 days for recording in the gifts register. However, at the discretion of the Head of Cost Centre, permission may be given for the staff member to purchase the gift or benefit by paying to the University the difference between the fair value of the reportable gift or benefit and the reportable gift or benefit threshold (currently $250). In all cases, gifts of cultural or historical value must remain the property of the University and cannot be purchased by a staff member.

Where a staff member receives more than one gift from the same donor in a financial year (1 January to 31 December), and the current market value of all gifts is greater than $250, then all the gifts are considered to be reportable gifts.

8. Corporate Gifts

In certain cases it may be appropriate for staff to provide corporate gifts to individuals or organisations on behalf of the University. Examples of such cases may include:

The practice of giving gifts should not be common or frequent in occurrence and all gift giving must be approved by the Head of Cost Centre prior to their purchase, and all such gifts recorded in the reportable gifts register.

Where a staff member makes more than one reportable gift to the same receipient in a financial year (1 January to 31 December), and the current market value of all gifts is greater than $250, then all the gifts are considered to be reportable gifts.

The Reportable Gifts Register is maintained by the Pro Vice-Chancellor (Corporate Services) and Chief Financial Officer and records:

The Reportable Gifts Register will be regularly monitored by the Pro Vice-Chancellor (Corporate Services) and Chief Financial Officer to identify any trends, problems or patterns that may cause concern and need corrective action.

END

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