Gifts, benefits and hospitality policy

WorkSafe's policy on gifts, benefits or hospitality offered to employees, how these offers are recorded and managed and when they must be declined.

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1. Purpose

1.1 The purpose of the Gifts, Benefits & Hospitality Policy (the Policy) is to state the position of WorkSafe Victoria (WorkSafe) on:

  1. responding to offers of gifts, benefits and hospitality; and
  2. the provision of gifts, benefits and hospitality.

1.2 WorkSafe has issued this Policy to support behaviour consistent with the:

  1. Code of Conduct for Victorian Public Sector Employees.
  2. WorkSafe Victoria Code of Conduct (Collectively referred to as 'the Codes').

2. Scope and objective

2.1 This Policy applies to all employees covered by the Victorian Workcover Authority Enterprise Agreement 2020-2024 or covered by conditions of an Executive Officer Contract and Other Workplace Participants.

2.2 All employees and Other Workplace Participants are required to act with integrity and impartiality, consistent with the Codes, with respect to gifts, benefits and hospitality.

2.3 WorkSafe is also moving to establish a culture where offers of gifts, benefits and hospitality will be declined subject to limited exceptions (to be known as our 'thanks but no thanks' approach).

3. Policy statement

3.3 Employees and Other Workplace Participants may be offered gifts, benefits and hospitality, and WorkSafe acknowledges that offers cannot always be declined. They must however be identified and appropriately managed.

3.4 This Policy has been developed in accordance with the Code of Conduct for the Victorian Public Service, Public Administration Act 2004 (Vic) and Minimum Accountabilities on gifts, benefits and hospitality (the Policy Guide).

3.5 The VPSC Model Policy includes reference to Minimum Accountabilities for managing gifts, benefits and hospitality. These Minimum Accountabilities are binding under Instruction 3.4.11 of the Instructions supporting the Standing Directions of the Minister for Finance 2018.

3.6 The Codes provide information on key values that public sector employees must demonstrate in their relationships with the government, the community, clients and other employees, and describe behaviours public sector employees should demonstrate for each value when performing their duties.

3.7 A breach of this Policy could constitute a breach of the Codes and may result in disciplinary action up to and including termination of employment.

4. Policy principles

4.1 WorkSafe is committed to and will uphold the following principles in applying this policy.

4.2 Impartiality: all employees and Other Workplace Participants have a duty to place the public interest above their private interests when carrying out their official functions and public duties. They will not accept gifts, benefits or hospitality that could raise a reasonable perception of, or actual, bias or preferential treatment. All employees and Other Workplace Participants do not accept offers from those about whom they are likely to make business decisions.

4.3 Accountability: all employees and Other Workplace Participants are accountable for:

  1. declaring all Non-Token offers of gifts, benefits and hospitality;
  2. declining Non-Token offers of gifts, benefits and hospitality, or where an exception applies under this policy, seeking approval to accept the offer; and
  3. the responsible provision of gifts, benefits and hospitality.

4.4 Integrity: all employees and Other Workplace Participants strive to earn and sustain public trust through providing or responding to offers of gifts, benefits and hospitality in a manner that is consistent with community expectations. All employees and Other Workplace Participants will refuse any offer that may lead to an actual, perceived or potential conflict of interest.

4.5 Risk-based approach: WorkSafe will take a proactive approach to assessing and managing gifts, benefits and hospitality risks. Individuals with direct reports will ensure they are aware of the risks inherent in their team’s work and functions and monitor the risks to which their direct reports are exposed.

4.6 All employees and Other Workplace Participants with direct reports are accountable for overseeing management of their direct reports' acceptance or refusal of Non-Token gifts, benefits and hospitality, modelling good practice and promoting awareness of gifts, benefits and hospitality policies and processes.

4.7 This Policy should be read in conjunction with the Conflict of Interest Policy.

5. The management of gifts, benefits and hospitality offers

5.1 Managing gifts, benefits and hospitality offers.

5.1.1 As required by the Minimum Accountabilities, employees and Other Workplace Participants must not, for themselves or others, seek or solicit gifts, benefits and hospitality. Further they must refuse all offers of gifts, benefits and hospitality that:

  1. are money, items used in a similar way to money, or items easily converted to money;
  2. give rise to an actual, potential or perceived conflict of interest;
  3. may adversely affect their standing as a public official or which may bring their public sector employer or the public sector into disrepute; or
  4. are non-token offers without a legitimate business benefit.

5.1.2 Employees and other workplace participants must declare all non-token offers (valued at $50 or more) of gifts, benefits and hospitality (whether accepted or declined and seek written approval from their People Leader or organisational delegate to accept any non-token offer. All declarations will be recorded in WorkSafe's gifts, benefits and hospitality register.

5.1.3 Employees and other workplace participants must refuse bribes or inducements and report inducements and bribery attempts to the Executive Director, People and Culture (who should report any criminal or corrupt conduct to Victoria Police or the Independent Broad-based Anti-Corruption Commission).

5.2 High risk functions and activities

5.2.1 Whilst a conflict of interest may occur in any part of WorkSafe, some functions and activities carry a higher risk than others of receiving gifts, benefits and hospitality offers that requires increased risk mitigation measures.

5.2.2 The following functions and activities are high risk within WorkSafe (not exhaustive) because they involve the exercise of public duties which are more likely to give rise to a conflict of interest because they are connected to powers/authority to confer a benefit, impose a penalty, regulate individual or business activities, distribute funds or subsidies and make binding decisions:

  1. recruitment;
  2. procurement, contract management and tendering;
  3. internal committee governance;
  4. inspectorate;
  5. licensing;
  6. enforcement (investigations and prosecutions);
  7. internal review;
  8. sponsorship, grants, marketing;
  9. agent contract;
  10. claims management;
  11. self-insurance and
  12. any role that has been assessed by a people leader as warranting declaration on the basis of potential, perceived or actual conflict of interest risk.

5.3 Accepting gifts, benefits and hospitality offers

5.3.1 Recipients must exercise particular care when accepting gifts, benefits or hospitality if the donor:

  1. is involved in a procurement or grant funding process;
  2. is the subject of, or potentially affected by a decision or the authority of WorkSafe;
  3. is in a contractual relationship with the Victorian Government or WorkSafe;
  4. has offered gifts, benefits or hospitality of any kind more than once in the past 12 months.

5.3.2 Where conditions apply to offers, recipients must assess whether the conditions comply with the policy. Recipients must refuse all offers which do not comply with the policy.

5.3.3 When considering whether to accept an offer of a gift, benefit or hospitality, Recipients should consider the GIFT test included in the Gifts, Benefits and Hospitality Procedure (Procedure). If in doubt, employees should discuss the situation with their People Leader or seek advice from the Workplace Relations Team.

5.4 Declaring gifts, benefits and hospitality offers

5.4.1 Employees and Other Workplace Participants must use WorkSafe's digital Gifts, Benefits and Hospitality Declaration Form (declaration form) to declare Non-Token offers, whether accepted or declined. Accepted Ceremonial Gifts should be declared using the digital form, irrespective of their value, i.e. whether they are Token or Non-Token.

5.4.2 Non-Token offers, whether accepted or declined, and accepted Ceremonial Gifts are required to be declared by recipients using the declaration form within 21 days of the offer date, and where possible, be approved prior to acceptance.

5.4.3 Where there is no opportunity to declare the Non-Token offer or Ceremonial Gift and seek approval from the People Leader prior to acceptance, the Recipient must declare the Non-Token offer using the declaration form within 21 days of the acceptance date and provide an explanation of the circumstances to the People Leader. Unjustified delays in declaring offers may constitute non-compliance with the Policy.

5.4.4 Employees and Other Workplace Participants must ensure that the offer has a clear and legitimate business benefit if proposed to be accepted, this detail should be included in the declaration form.

5.4.5 Accepted Token offers and declined and/or unanswered generic 'spam' invitations do not need to be declared. Hospitality provided by a Victorian government department, administrative office or other Victorian Government agencies is not required to be declared, where the reason for attendance is consistent with the Department’s or Worksafe's objectives, and the Recipients official role.

5.4.6 WorkSafe expects that all, employees and Other Workplace Participants to make everyone aware of our expectations regarding donations to third parties on WorkSafe's behalf. While there may be no opportunity to refuse a donation or gift once made, the party that made the gift or donation is to be informed that no gift or donation should be made on Worksafe's behalf in future without prior approval.

6. The management of the provision of gifts, benefits and hospitality

6.1 As required by the Minimum Accountabilities all employees and Other Workplace Participants must ensure that:

  1. any gift, benefit or hospitality is provided for a legitimate business benefit and does not raise a conflict of interest
  2. any costs are proportionate to the benefits obtained for the State and would be considered
  3. when hospitality is provided, individuals demonstrate professionalism in their conduct, and uphold their obligation to extend a duty of care to other participants.

7. Minimum Accountabilities

7.1 This Policy and Gifts Benefits and Hospitality Procedure are directed to ensuring WorkSafe's compliance with the Minimum Accountabilities which require it to:

7.1.1 Establish, implement and review organisational policies and processes for the effective management of gifts, benefits and hospitality that comprehensively address these minimum accountabilities.

7.1.2 Establish and maintain a register for gifts, benefits and hospitality offered to public officials that, at a minimum, records sufficient information to effectively monitor, assess and report on these minimum accountabilities.

7.1.3 Communicate and make clear within the organisation that a breach of the gifts, benefits and hospitality policies or processes may constitute a breach of binding codes of conduct and may constitute criminal or corrupt conduct and may result in disciplinary action.

7.1.4 Establish and communicate a clear policy position to business associates on the offering of gifts, benefits and hospitality to employees and Other Workplace Participants, including possible consequences for a business associate acting contrary to the organisation's policy position. This must take into consideration any whole of Victorian Government supplier codes of conduct.

7.1.5 Report at least annually to the organisation's Risk Committee on the administration and quality control of its Gifts, Benefits and Hospitality Policy, processes and register. This report must include analysis of the organisation's gifts, benefits and hospitality risks (including repeat offers from the same source and offers from business associates), risk mitigation measures and any proposed improvements.

7.1.6 Publish the organisation's Gifts, Benefits and Hospitality Policy and register on the organisation's public website. The published register will cover the previous financial year.

8. Breaches and Improper Conduct

8.1 An employee's failure to avoid, wherever possible, identify, declare and manage gifts, benefits or hospitality offers or provisions in accordance with this Policy may lead to disciplinary action up to and including dismissal consistent with clause 73 of the Victorian WorkCover Authority Enterprise Agreement 2020-2024 and subject to applicable Victorian law. This includes where an employee fails to avoid wherever possible or identify, declare and manage a conflict of interest related to gifts, benefits and hospitality in accordance with this Policy.

8.2 Any Other Workplace Participant's failure to avoid, wherever possible, or identify, declare and manage any gift, benefit or hospitality offers or provisions in accordance with this Policy may lead to contract re-negotiation, up to and including termination.

8.3 Employees and Other Workplace Participants who consider that a gift, benefit or hospitality offer or provision within WorkSafe may not have been declared or are not being appropriately managed should raise this in accordance with WorkSafe’s Fraud and Corruption Control Policy.

8.4 WorkSafe will take decisive action, including possible disciplinary action, against employees and Other Workplace Participants who discriminate against or victimise those who speak up in good faith.

8.5 WorkSafe is committed to the aims and objectives of the Public Interest Disclosures Act 2012. WorkSafe does not tolerate improper conduct by our employees, officers, agents or Other Workplace Participants nor the taking of reprisals against those who come forward to disclose such conduct.

8.6 The Public Interest Disclosures - Detrimental Action – Policy and Procedure outlines how you can disclose improper conduct to IBAC without fear from reprisal.

8.7 Actions inconsistent with this Policy may constitute misconduct under the Public Administration Act 2004 (Vic), which includes:

8.7.1 breaches of the Codes, such as sections of the Codes covering conflict of interest, public trust and gifts and benefits; and

8.7.2 individuals making improper use of their position.

9. Privacy and Confidentiality

9.1 WorkSafe treats all personal information provided in a declaration in accordance with the Privacy and Data Protection Act 2014 (Vic) and the Public Records Act 1973 (Vic).

9.2 Information arising from gift, benefit and hospitality declarations are managed in accordance with Worksafe's Privacy Procedures.

9.3 To ensure the confidentiality of information provided, WorkSafe's Gifts, Benefits and Hospitality Declaration Register is stored on the secure WorkSafe platform.

9.4 A declaration may be seen by the Executive Director, People and Culture, People and Culture Business Unit representatives, Integrity, Risk and Resilience business unit representatives and WorkSafe’s internal auditors.

9.5 If there are circumstances that arise where the information contained within the Gifts, Benefits and Hospitality Declaration register is sought for purposes not contained within this policy such as verifying compliance with this policy, a disciplinary matter, investigation or legal matter the Executive Director People and Culture may approve access to a declaration to a party not specifically named in this policy.

10. Accountabilities and Responsibilities

10.1 All WorkSafe, employees and Other Workplace Participants are responsible for ensuring compliance with the gifts, benefits & hospitality in accordance with this Policy.

10.2 All People Leaders and line managers must ensure their employees and Other Workplace Participants are aware of their obligations under this Policy and other relevant policies and procedures.

10.3 The Executive Director, People and Culture is responsible for establishing, implementing and reviewing policies and processes for the effective management of gifts, benefits & hospitality that comprehensively address the minimum accountabilities mentioned in this Policy.

11. Reporting and Notification process

11.1 WorkSafe will publish its Gifts, Benefits and Hospitality Register on its public website annually. This will be done following the first Finance and Audit Committee meeting of the financial year. The content of the register will be aligned to VPSC guidelines.

11.2 WorkSafe will communicate its Policy on the offering and provision of gifts, benefits & hospitality to Other Workplace Participants including contractors, consultants and other business associates. Those identified as acting inconsistently with this Policy may be subject to contract re-negotiation, including termination.

12. Assurance

12.1 Assurance on the effectiveness of this Policy within the organisation is provided through People and Culture and reported regularly via the Risk Committee.

13. Policy Review and Approval

13.1 This Policy is reviewed at least annually by People and Culture to ensure its continued appropriateness.

13.2 The Risk Committee will approve any material amendments to the Policy.

13.3 The Executive Director, People and Culture may approve minor amendments to the Policy and all amendments to the Procedure.

14. Definitions

15. Related policy, legislation and other documents

  • Gifts Benefits and Hospitality Procedure
  • WorkSafe's Conflict of Interest Policy
  • WorkSafe's Private Interest Policy
  • WorkSafe's Code of Conduct
  • Standing Directions 2018 Under the Financial Management Act 1994
  • WorkSafe's Fraud and Corruption Control Policy
  • WorkSafe's Public Interest Disclosures - Detrimental Action – Policy and Procedure
  • Privacy and Data Protection Act 2014 (Vic)
  • Public Records Act 1973 (Vic)
  • Public Administration Act 2004 (Vic)
  • Public Interest Disclosures Act 2012
  • Code of Conduct for Victorian Public Sector Employees