Employees need to report any gifts or benefits they receive, and any activities they take part in, that may constitute a conflict of interest. You can report these using the forms provided here.
If you're not sure whether a gift, benefit of activity is acceptable, please read the information below.
Gifts
A gift is any gratuity, favour, discount, entertainment, loan, forbearance or other benefit having monetary value gained by an officer or employee in the course of their employment, from any person or entity other than the employer.
Gifts you must disclose
An employee who receives a gift in the course of his or her employment or in relation to his or her employment must disclose that gift to your Division Head.
Gifts you must disclose include, but are not limited to:
money or money equivalent
physical objects (excluding mementos);
the conferring of a benefit;
honorary titles, degrees and awards;
loyalty points, purchasing incentives and exclusive discounts;
indirect or concealed gifts (e.g. the loan of money or property, sale or transfer of property for less than full value);
entertainment (e.g. tickets to arts/sporting/recreational events) for less than full value;
accommodation and travel expenses;
meals and invitations to any event where alcohol is served;
education or training not offered or paid for in full by your employer or is exempt (e.g. external conference or seminar ticket);
an item that has a commercial value of AUD $50 or more, regardless of whether it is a memento; and
mementos and modest refreshments accepted that over the course of 12 months would total AUD $100 or more.
Sponsored travel may be approved if it is considered to be of benefit to the State, and it does not create a conflict of interest or the appearance of a conflict of interest.
A Division Head may decide that a gift is unacceptable, in which case it must be declined or returned.
Acceptable gifts
Acceptable gifts may include mementos, craft, remembrances or other tokens bestowed at an official function, marks of courtesy or of a seasonal nature of a minor value or gifts from personal friends and family members in a genuinely personal capacity and which do not give rise to, or create the appearance of, a conflict of interest.
If you are in any doubt about anything given to you that may constitute a gift, you should contact the People and Culture as soon as possible.
Unacceptable gifts
Gifts that are not to be accepted in any circumstances include illegally-obtained property, drugs or gifts intended to influence Agency decisions.
All Government buyers (i.e. those who purchase goods or services for the Agency) must decline all gifts, gratuities or any other benefits which may influence, or might be deemed to influence, equity or impartiality in procurement or disposal decisions.
If you are in any doubt about anything given to you that may constitute a gift, you should contact the People and Culture Division as soon as possible.
Gifts you may give
You may give gifts as part of your official duties, however avoid any gift-giving that could be construed as a conflict of interest. Approval must be gained from the employee’s Head of Agency and the giving of the gift will be recorded.
Activities
Employees must disclose, and take reasonable steps to avoid, any conflict of interests in connection with their State Service employment.
If you are currently undertaking activities or employment that may represent a potential, perceived, or actual conflict of interest with your State Service employment, or you are considering undertaking such activities or employment, discuss it with your direct manager/supervisor. If needed, complete a Disclosure of Interest General Staff Form (or Disclosure of Interest Declaration Key Management Personnel Form if you are Key Management Personnel) and take reasonable steps to avoid the conflict of interest.
Legislation
State Service Act 2000
State Service Regulations 2001
Criminal Code Act 1924
Legislative Requirements
The State Service Act 2000 has been designed as enabling legislation, facilitating consultation and communication within the State Service while ensuring the best possible services to the Government, Parliament and the community.
A set of principles (known as the State Service Principles) have been incorporated into the State Service Act 2000. The State Service Principles require the State Service to be apolitical, impartial, ethical and professional.
These State Service Principles are underpinned by a Code of Conduct. The Code of Conduct sets a standard for conduct and behaviour expected of State Service employees.
Subsections 9 (1), (4), (8), (10), (11), (12) and (16) of the State Service Code of Conduct, as contained in the State Service Act 2000, respectively require:
that an employee must behave honestly and with integrity in the course of State Service employment
that an employee, when acting in the course of State Service employment, must comply with all applicable Australian law
that an employee must disclose and take reasonable steps to avoid any conflict of interest in conjunction with their employment
any employee who receives a gift in the course of his or her employment must declare that gift to the appropriate person
that an employee must not make improper use of information gained in the course of his or her employment or the employees duties, status, power or authority in order to gain a gift, or seek to gain, a gift, benefit or advantage for the employee or for any other person
that an employee must not knowingly provide false or misleading information in connection with the employee's State Service employment
Section 9 (16) of the State Service Act 2000 extends these requirements to all officers.
These elements of the Code of Conduct are essential for ensuring that State Service employment is undertaken in an ethical and accountable manner consistent with the State Service Principles, and the State Service Act 2000. The Tasmanian community expects that the giving and receiving of gifts or benefits will not influence a person employed in the State Service.