Conflict of Interest and Disclosure of Gifts

Gifts you may give
Activities
Legislation

Gifts

A gift is any gratuity or benefit gained by an officer, employee, or their immediate family, either monetary or otherwise (except by means of a will), in the course of or in relation to the officer's or employee's duties 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 the Deputy Chief Operating Officer.

Gifts you must disclose include, but are not limited to:

• a gift of money
• a gift of a physical object
• the conferring of a benefit
• indirect or concealed gifts such as the permanent or indefinite loan of money or property, the sale or transfer of property at less than full value or the provision of a benefit which has a financial or commercial value for less than full value; or
• provision of hospitality (e.g. accommodation), travel (e.g. airfares), or entertainment for less than full value.

A gift may include sponsored travel, hospitality, entertainment, payments or commercial/promotional objects.

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.

The Deputy Chief Operating Officer 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 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.

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 conflict of interest with the employee's State Service employment, or you're considering undertaking such activities or employment, advise your General Manager using the Conflict of Interest - Disclosure of Activities form 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.

Section 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, and
• any employee who receives a gift in the course of his or her employment must declare that gift to the appropriate person and
• 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.