Policy Corporate Governance Reportable Gifts Policy

Reportable Gifts Policy


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Intent

This policy provides guidelines to ensure that gifts received or given by Officers of the University are ethically appropriate, and are properly managed and disclosed.

Scope

Reportable Gifts received by an Officer of the University, including Members of Council or its Committees, or given by an Officer of the University to an external party.

Exclusions - items or monies given to an Officer of the University by a personal friend or family member in a purely personal capacity.

Definitions

$250: 250 Australian dollars (AUD$250) or the equivalent in any foreign currency.

Donation: involves giving as an act of generosity by the University where there is no reciprocal benefit to the University, and which does not involve a token of appreciation.

Officer of the University: includes all staff and members of Council and its committees.

Reportable Gift:

a. an item, money, travel, hospitality, entertainment or other  token of appreciation with a value of more than $250, and which is received by an Officer of the University, or given by an Officer of the University to an external party or to another Officer of the University; or

b. a series of such gifts received from a single giver or given to a single external party within a financial year (January 1 to December 31), where the value of the gifts is more than $250.

Value: the market value of a gift on the day it was given or received.

Policy and Procedures

  1. Individuals should exercise judgement in determining whether receipt of a gift could be seen by others as an inducement which could place that staff member under an obligation to the donor or associated parties.

  2. An Officer of the University must not:

    1. solicit for private purposes any benefit in connection with their official function and duties;

    2. accept any benefit for any official function or duties, performed or not performed, which could create a conflict of interest or be seen to create such conflict; or

    3. accept any gift of money or benefit by way of loans and the like for any functions or duties, performed or not performed, which are part of the normal duties of a member of the staff of the University.

  3. An Officer of the University may accept a tangible (of lasting value) or intangible (of no lasting value) gift or benefit, not referred to in (2) above, provided that where the amount of a gift or benefit exceeds $250, a Reportable Gift declaration is submitted to the Head of the organisational unit, who is to notify the Governance and Corporate Services Office within fourteen days of the gift being received so that it can be recorded in the Register of Reportable Gifts.

  4. Whilst complying with the provisions of this policy, members of staff may keep gifts with a value not exceeding $250, or may give them to the University.

  5. Any tangible and Reportable Gift (ie exceeding $250 in value) which is accepted by a member of the University is considered to be the property of the University, and the University Officer in receipt of the gift must either (a) give the gift to the University or (b) keep the gift and pay the University the difference between the value of the gift and $250.

  6. An intangible gift or benefit cannot be dealt with as property of the University.  Examples of intangible gifts or benefits include but are not limited to:

    1. entertainment and hospitality;

    2. tickets to the theatre, cultural events, sporting and other events;

    3. corporate offers of transportation, accommodation, tickets, meals, and functions;

    4. conference transportation, accommodation and fees.

  7. Where an intangible gift or benefit is a Reportable Gift and is retained by the University member, there is no requirement to reimburse the University for the difference between its value and $250.

  8. A University Officer who either receives or makes a gift must keep a diary note for each gift to determine if the $250 threshold is reached.

  9. Reportable Gifts must not be bestowed without prior approval.  The responsibility for approving the bestowal of a Reportable Gift is shown below.  Note that if the proposed recipient is one of the authorised Officers, then the one-up authorisation rule shall apply.  Also note that gifts do not include donations, and where a donation of plant, property, equipment or cash is involved, staff should refer to FMPM Policy 940 – Donated Plant, Property, Equipment and Cash.

Chancellor

Unlimited

Vice-Chancellor

Unlimited

Members of VCAC

$2,000

Nominees of the above

$2,000 (for any one Reportable Gift)

  1. Approvals for the giving of hospitality/entertainment are set out in FMPM Policy 750 – Hospitality/Entertainment and FMPM 752 Authorised Limits - Hospitality/Entertainment.

  2. The principles that must be complied with before a hospitality/entertainment benefit may be accepted are set out in FMPM Policy 750 – Hospitality/Entertainment.

  3. The giving of a Reportable Gift is to be reported by the Head of organisational unit to the Governance and Corporate Services Office within fourteen days of the gift being made so that it can be recorded in the Register of Reportable Gifts.

  4. These provisions should not be construed as prohibiting the pursuit of financial assistance or benefit to the University where such pursuit is lawful.

  5. In the case of a Reportable Gift received during overseas travel, a declaration must be submitted to the head of the organisational unit within fourteen days of the recipient's return to the University.

Register of Reportable Gifts

  1. The Governance and Corporate Services Office will maintain a Register of Reportable Gifts made to, or received from, an Officer of the University.

  2. The Register of Reportable Gifts will list:

    1. a description and assessed value of the gift;

    2. the method of assessing the value of the gift;

    3. the date and authority for the gift;

    4. the identity of the person or party receiving or making the gift;

    5. any relevant file references;

    6. in the case of Reportable Gifts given, the approval for the expenditure;

    7. in the case of Reportable Gifts received, the present location of the gift or the application of the proceeds.

    8. if an Officer of the University keeps a Reportable Gift - the date and amount of the payment made under clause 5 above.

  3. A report of the movements on the Reportable Gifts Register shall be provided on an annual basis to the Vice-Chancellor.

Related documents and legislation

FMPM Policy 750 – Hospitality/Entertainment

FMPM Authorised Limits 752 – Hospitality/Entertainment

FMPM Policy 420 – Corporate Credit Cards

FMPM Procedure 421 – Corporate Credit Cards

FMPM Policy 710 - Purchasing

FMPM Policy 940 – Donated Plant, Property, Equipment and Cash

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Policy Sponsor

Vic Chancellor

Approval Authority

Council

Date for next Major Review (in accordance with the Policy Handbook)

20/10/2016

Revision History

Approval date - the date the approval authority approved the establishment, minor or major amendment or disestablishment

Implementation Date - the date the policy was published in the Policy Library and is the date the policy takes effect

Version

Approval date          

Implementation date

Details

Author

16-1

10/06/2016

10/06/2016

Minor amendments to administration details including policy sponsor amended from University Secretary to Vice Chancellor and approval authority amended from Vice Chancellor to Council, to reflect the Policy and Delegations Framework.

Quality, Standards and Policy

11-117/11/201118/11/2011  
03-110/11/201310/11/2013  

Keywords

[list several relevant key words which may be used to search for and locate the policy in the Policy Library]

Approval Details

Policy sponsor:

Vice Chancellor

Approval authority:

Council

Version no:

11-1

Date for next review:

20/10/2016

Modification History

Version no.

Approval date

Implementation date

Details

16-110/06/2016  

11-1

17/11/2011

18/11/2011

 

03-1

10/11/2003

10/11/2003