Document 1
FOIREQ18/00166 001
Document 2
FOIREQ18/00166 002
Document 3
FOIREQ18/00166 003
Document 4
FOIREQ18/00166 004
FOIREQ18/00166 005
Document 5
FOIREQ18/00166 006
Document 6
FOIREQ18/00166 007
Document 7
FOIREQ18/00166 008
FOIREQ18/00166 009
FOIREQ18/00166 010
FOIREQ18/00166 013
Purpose
This document outlines the OAIC’s policy on gifts or benefits. It gives guidance on what to do when gifts
or benefits are offered to an OAIC staff member or are to be provided to others. Implementation of the
policy will ensure that the integrity and reputation of the OAIC are not compromised.
Introduction
As an independent regulatory agency, the integrity and reputation of the OAIC are critical. From time to
time OAIC staff may be offered gifts or benefits. These situations may be sensitive, and they must be
handled in a way that demonstrates that OAIC staff members cannot be improperly influenced.
At all times, staff members must act in accordance with the Australian Public Service values and code of
conduct.
Principles
In general:
gifts or benefits that may be perceived as representing a conflict of interest should not be accepted
gifts or benefits worth over $50 must be recorded in the Gift Register, whether they are accepted or
not
gifts or benefits worth $50 or less may be recorded in the Gift Register, and
if a gift or benefit is provided on behalf of the OAIC, it must be recorded in the Gift Register.
Definition
A gift or benefit may include but is not limited to:
offers of cash or shares
bottles of wine, manufacturer’s samples or personal items
promotional materials, including clothes, books, USBs or DVDs
sponsored travel
airline competition prizes
airline upgrades
meals or other hospitality
accommodation and hire car discounts
entertainment, such as meals, seats at sporting or theatre events or golf days
discounts on commercial items
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FOIREQ18/00166 014
Gift Policy, January 2017
free or discounted places at training courses, conferences or seminars
plants or flowers
lottery tickets, and
small items like pens, notepads or keyrings.
This policy applies in all circumstances including where gifts or benefits may be offered to staff members
outside normal working hours or while they are on leave.
Managing Offers of Gifts or Benefits
Should I accept?
Always exercise caution. The following should be taken into consideration:
is the person or organisation in a contractual or regulatory relationship, or involved in a
purchasing/tendering process, with the OAIC?
is the person or organisation’s primary purpose to lobby Ministers, members of Parliament or
agencies?
would accepting be likely to create an actual or perceived conflict of interest?
would accepting be likely to create a feeling of obligation?
would accepting the gift or benefit reflect poorly on the OAIC if reported in the media or raised
before a parliamentary committee?
Where possible staff members should discuss offers of gifts in advance with their Assistant or Deputy
Commissioner.
Accepting a gift
In some cases gifts may be offered in good faith and with no intention or ability to undermine
impartiality or independence. An example could be a small gift made by an international visitor. In such
cases refusal of a gift may cause embarrassment.
Any gift accepted by an OAIC staff member is accepted on behalf of the OAIC and becomes the property
of the OAIC.
Gifts or benefits worth over $50 must be reported promptly to the Deputy Commissioner through the
Executive Officer, using the Record of Gift Offered to the OAIC Form. The Deputy Commissioner may
decide that the gift will be retained for official purposes, disposed, or retained by the staff member who
received it.
The ‘Record of Gift Offered to the OAIC’ form will be placed in the Gift register.
Staff members may report gifts or benefits worth $50 or less, however this is not a mandatory
requirement.
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Not accepting a gift
If a gift or benefit worth over $50 is offered but refused, the details and circumstances must be
recorded on the Record of Gift Offered to the OAIC Form.
The ‘Record of Gift Offered to the OAIC’ form will be placed in the Gift register.
Staff members may report gifts or benefits worth $50 or less that are offered but refused, however this
is not a mandatory requirement.
Providing Gifts
In some cases the OAIC may offer a gift for official purposes, for example to acknowledge a guest
speaker. Any gifts purchased from OAIC funds must be approved in advance by the Deputy
Commissioner and reported on the Record of Gift Provided by the OAIC.
The ‘Record of Gift Provided by the OAIC’ form will be placed in the Gift Register.
Gift Register
The Gift Register will be maintained by the Executive Officer and held by the Deputy Commissioner.
References
APS Values and Code of Conduct in practice
Official Hospitality Guidelines
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