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FNM-PR-022: Receipt of Gifts and benefits by Employees of the Department
Outlines the issues and risks associated with an employee accepting a gift or benefit that affects or is likely to affect the performance of their official duties. Also describes the processes that should be followed when any gift or benefit, including hospitality, with a fair market value of more than $150 is offered or received.
Statement of intent
An employee should not accept a gift or benefit that affects or is likely to affect the performance of their official duties.
'Gifts and benefits' refers to items received by departmental employees in the course of official duties. It includes:
It does not include any gifts or benefits:
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received under an appropriately approved employee health and well-being program
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received under an appropriately approved rewards and recognition program, or relevant directive
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negotiated when an agency sponsors a service, product or activity on its own or with another government agency, as may occur under the Queensland Government Sponsorship Policy.
Offers of cash
Accepting money in any form will breach a number of departmental and whole of government policies and legislative requirements, including the Criminal Code Act 1899 (Qld) 
It may be seen as an attempt at bribery.
Gifts and Benefits Register - Finance Branch will compile a summary register for the Department based on the completed Gifts and Benefits Received Declaration 
93k forms. For employees in Central Office, Regional Office, and TAFE institutes, these declarations are required to be signed, scanned and saved to TRIM container 200/1/188
Responsibilities
Employees:
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should refuse:
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any offer of cash, or any items which are readily converted into cash (e.g. lottery ticket, 'scratchie', shares).
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a gift or benefit that affects or is likely to affect the performance of their official duties (e.g. conflict of interest)
If an employee is not in a position to refuse the acceptance of such a gift, it should immediately be passed on to their supervisor, manager, Chief Finance Officer, or the Director Internal Audit.
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of cultural or historical significance, regardless of its value.
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received by an employee in a sensitive role (e.g. providing advice or making decisions about [but not limited to] granting licences, inspecting and regulating businesses or giving approvals, internal audit, tendering, purchasing)
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valued at a fair market value of more than $150
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are required to obtain approval from their supervisor prior to attending a hospitality event.
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are required to submit any gifts and benefits to the Department that:
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may retain the gift or benefit, subject to approval, in appropriate circumstances (for example where the item is generally not used in the delivery of the agency's services, and is not of cultural or historical significance).
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should not:
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use the gift or benefit during normal working hours, unless the gift or benefit forms part of the employee's official duties and appropriate approval is obtained.
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incur any costs to the Department when accessing or receiving hospitality benefits (for example taxi fares, parking fee reimbursements). These costs are regarded as a private expenditure.
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should monitor the culmulative value of multiple gifts from the same donor, or from donors in a similar relationship with the employee. Where the cumulative value in any financial year is more than $150, then the employee is required to report each gift or benefit using a
Gifts and Benefits Received Declaration 93k
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Ensure that the estimated value of a gift is reasonably accurate and where necessary independent advice has been obtained. Deliberately undervaluing a gift or benefit to avoid reporting it or to fraudulently keep it, may be official misconduct
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Discuss with your supervisor, manager, Chief Finance Officer, or the Director Internal Audit if you have any doubt about gifts or benefits.
Managers/Principals:
- approve attendance of employees at hospitality events
- review and approve the Gifts and Benefits Received Declaration 93k for any gift or benefit, including hospitality received by officers
- provide guidance on the acceptability of gifts and benefits
- ensure gifts and benefits retained by the department are used for the public benefit and in an appropriate manner, including where used by the recipient
Director-General, Associate Director-General or Deputy Director-General:
- consider the appropriateness of allowing/approving the gift recipient to retain the gift in exceptional circumstances where the gift is worth more than $350
Assistant Directors-General / Director-General:
Finance Branch:
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conduct a quarterly review of the register and report any issues to the Director-General. This review should include analysis of any trends or patterns which may cause concern and require corrective or preventative action.
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provide advice on methods for determining the fair market value of a gift, where requested.
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publish the Gifts and Benefits register quarterly, within 10 calendar days of the end of the quarter.
Contacts
For information on Receipt of Gifts and benefits by Employees of the Department, please contact:
For information on Receipt of Gifts and benefits by Employees of the Department, please contact:
Document information
Approval record: 10/15206
Doc. Ref. 09/235491
Date of implementation: 2010-02-03
Date of publication: 2010-02-04
Date to be reviewed: 2010-07-21
This procedure replaces:
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