3.3 Gifts - received

Policy

This schedule applies to Ministers and their staff.

This section should be read in conjunction with the Ministers' Code of Ethics, the requirements of the Members' Pecuniary Interest Register and the Code of Conduct for Ministerial Staff.

The Public Sector Ethics Act 1994 sets out the ethical obligations for public officials and requires they be included in an agency's Code of Conduct. It also sets out the functions of the Integrity Commissioner which include providing advice (upon request) about conflict of interest issues.

Ministers and staff should not ask for or encourage the offer of any gift or benefit in connection with the performance of their official duties.

Gifts are tangible items that have a lasting value and can include (but are not limited to) items that have been presented or donated, transfers of money other than as part of an approved assistance program, virtual or concealed gifts such as permanent loans of money or property, sales at sums significantly below proper

valuations or shares. They do not include intangible benefits such as hospitality where there is no enduring value (These items are covered separately under section 4.7 Hospitality)

Inducements such as preferential treatment, access to information or the promise of a job at a future date must be considered in line with codes of conduct and codes of ethics.

Ministers need not disclose items which can be regarded as momentos and take the form of company badged gifts, cuff-links, ties, scarves, stationery and the like, the manufacturer's wholesale value of which did not exceed $300 in the country of origin unless:

1. the gift was one (1) of two (2) or more gifts made by the same person at any time during the same trip; and
2. the wholesale value of those two (2) or more gifts exceeds, in aggregate $300.

(Note: If doubt exists as to the value of the gift, the gift should be disclosed to Ministerial Services).

The definition of 'gifts' does not extend to include those gifts retained by the Minister, their staff, or members of their immediate family which are received from family members or personal friends in a purely personal capacity.

For all gifts received and estimated at more than $300 wholesale value, the Minister shall complete a 'Declaration of Official Gift' within 21 days of receiving the gift (or 21 days from the date of return to Australia if the gift was received overseas).

Ministerial staff must seek the approval of the Minister prior to accepting or retaining a gift of any value. The approval for gifts with a wholesale value above $300 must be included on the 'Declaration of Gifts Received' form.

See APPENDIX 5 - Declaration of gifts received (PDF, 52 KB).

The following acceptance and non acceptance principles apply to
all gifts as defined above.

Acceptance Principles

A gift may be accepted if it complies with all of the following principles:

1. Refusal would offend; or
2. it conforms to international practice or other cultural practices of the giver; and
3. it does not influence a Minister or staff member in such a way as to compromise impartiality or create a conflict of interest; and
4. it is received in the course of duty in respect of portfolio responsibilities or representing the State.

The State of Queensland will have first call to retain any gifts deemed to be of historical or cultural significance (eg. artworks) regardless of value.

Non-Acceptance Principles

A gift may not be accepted if any of the following principles apply:

1. it is intended, or is likely to cause the recipient to act in a partial manner in the course of their duties; or
2. it is a concealed gift; or
3. it is an offer of money

Ministers or ministerial staff, members of their immediate families (ie. partner and dependent children) should not accept gifts which could give the appearance of a conflict of interest past, present or future with the duties of the Minister or staff member, or shall not in any circumstances accept gifts involving transfer of moneys, regardless of value, (eg. by cash or loan) other than as part of an approved assistance program.

Promotional schemes offered in conjunction with official activities, such as instant scratch-its for free overseas flights or lucky door prizes won at official functions should not be accepted as they will not meet the principles as stated in this Handbook.

Importation of gifts, etc. through Diplomatic Mail Bags is not permitted under any circumstances.

Procedures

The Declaration and the gift shall be forwarded to Ministerial Services, who will be responsible for valuation.

Ministerial Services shall establish and maintain a register of gifts received.

The gift may be purchased by the Minister only if the gift is deemed not to be of State or national significance. The purchase price will be the wholesale value in excess of $300.

If not purchased, the Minister may choose to display the gift. However, it will remain the property of Ministerial Services.

The Premier will annually table the details of all gifts noted on the gifts register which have a wholesale value of more than $300.

The Executive Director, Ministerial Services may dispose of gifts not on display subject to the approval of the Premier and in accordance with the policies of the Department of the Premier and Cabinet.

See Appendix 18 - Disposal of Ministerial Gifts (PDF, 98 KB).

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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