CEI 1.3 Gifts

1. Scope of this instruction

These Chief Executive's Instructions (CEI) outline the Department of Agriculture, Fisheries and Forestry's (the department) policy on officials accepting, giving and disposing of gifts. Gifts include property, benefits or advantages—other than items received of certain value—that an official might receive, provide or cause to be provided to another person in the course of their employment.

It does not apply to official hospitality, sponsored travel or rewards and recognition given to staff. There are separate instructions and departmental policies that cover these topics.

2. Policy principles

• In relation to giving a gift and in accordance with Section 43 of the Financial Management and Accountability Act 1997 (FMA Act), all officials must not make a gift of public property unless:
• • the making of the gift is expressly authorised by law or
  • the Finance Minister (or his/her delegate) has given written approval to the gift being made or
  • the Commonwealth acquired the property to use it as a gift.
• Gifts are not to be given for routine activities or to departmental officials unless as part of the department's rewards and recognition policy or for some special purpose agreed to by the secretary.
• Purchases of items to be given as gifts should be made in accordance with the CEI 3.1 – Procurement and, as applicable, CEI 1.4 – Official hospitality.
• In relation to receiving gifts all officials are to adhere to the following rules:
• • they must not use their position in order to obtain a benefit
  • they must be able to demonstrate that they cannot be improperly influenced in the performance of their duties by offers of gifts or other inducements
  • gifts must not be accepted where they are intended to influence, or could be perceived to influence decisions or actions in any matter or regarding a specific provider of goods and/or services.
• Gifts valued at $AUD300 or less can be retained without seeking approval.
• Retention of gifts valued at more than $AUD300 but less than $AUD2 000 may be authorised by an approving officer.
• Retention of gifts valued at more than $AUD2 000 can only be approved by the secretary.

3. Target audience

This CEI is applicable to all officials in the department.

4. Departmental instructions

4.1 Responsibilities

Officials:

• before providing a gift, must first obtain approval from an approving officer to confirm the gift and the expenditure are appropriate. Note: If the item was not originally acquired as a gift, the official must have approval of a delegate under s43 of the FMA Act. A s43 delegate may also be the approving officer. (Please note that some holders of this delegation are only allowed to gift certain items (e.g. crates and surplus Quarantine detector dogs))
• before accepting any gift, must obtain written prior approval from an approving officer. Where it is not possible to obtain prior approval, retrospective approval is to be sought as soon as possible. Retrospective approval is to be an exception rather than a standard practice
• must declare, on return from overseas travel, gifts received and accepted whilst travelling overseas on departmental business
• may, if the value of the gift exceeds the specified valuation limitations and approval is given for the gift to be retained for personal use outside of work, retain the gift by electing to pay the difference between the specified valuation limitations and the value of the gift to the Collector of Public Money
• must not accept multiple gifts from the same person or organisation without written approval from an approving officer.
• if disposing of an item that was given as a gift to a departmental official, officials must adhere to the requirements of s41 of the FMA Act, as outlined in CEI No. 6.1 - Care and Custody of Public Property.
• must submit all requests to retain, relinquish or provide a gift to an approving officer on a gifts approval formand ensure the final signed copy is kept on a departmental file.

Approving officer:

must ensure that the proposed provision of a gift and associated expenditure are appropriate, reasonable and defensible

• may approve the retention of a gift by an official if the value of the gift does not exceed $AUD2 000
• must decide if the gift which has been received is to be:
• • kept by the recipient for personal use, or
  • utilised in the workplace, or
  • disposed of by the department
• must hold any gift that has been received and exceeds $AUD2 000 until the secretary has decided what is to be done with it
• must, where the official does not wish to retain a gift valued $AUD2 000 or less, and it is not to be retained in the workplace, make arrangements to dispose of the gift in accordance with CEI 6.1 – Care and Custody of Public Property. Disposals must have the approval of a delegate under s43 of the FMA Act (a delegate can also act as the approving officer)
• must record their approval or rejection of requests on the gifts approval form
• must not be the giver or recipient of the gift. In cases where the may be a conflict of interest, approval must be sought from an official of the next level above the giver or recipient or from the Chief Operating Officer.

The secretary:

• may approve an official to keep the gift if its value exceeds $AUD2 000.

4.2 Record keeping

• each division must keep up to date a divisional gift register that summarises the acceptance and giving of gifts
• failure to obtain FMA Regulation 9 approval before procuring an item to use as a gift is a breach of that regulation and must be reported as part of the Certificate of Compliance process
• if a gift that has been received has an estimated worth of over $AUD5 000, or is considered portable and attractive, officials must notify the Chief Finance Officer so the gift can be included in the department's asset register.

5. Breaches

• Most officials are bound by the Public Service Act 1999 (the Australian Public Service (APS) Values and APS Code of Conduct) and the FMA Act. The inappropriate provision or acceptance of gifts could result in disciplinary action or penalties under the Code of Conduct or section 141.1 of the Criminal Code Act 1995: Bribery of a Commonwealth Public Official. Failure to obtain approval before providing a gift is a breach of the FMA Regulation 9.

6. References

6.1 Legislation

• Financial Management and Accountability Act 1997 (s.41, 43 and 44)
• Public Service Act 1999 Code of Conduct (s13)
• Criminal Code Act 1995 (s.141.1)
• Financial Management and Accountability Regulations (as amended) (Regs 9 and 23)

6.2 Internal guidance/instruction

• All about gifts – Additional guidance to CEI 1.3
• DAFF Finance Manual – Disposal of Assets
• Gifts approval form
• DAFF Finance Manual – Disposal of Assets

6.3 External guidance/instruction

• Finance Circular 2011/05 – Chief Executive's Instructions
• Australian Public Service Commission: APS Values and Code of Conduct in practice – Chapter 12: Gifts and benefits
• Financial Management and Accountability (Finance Minister to Chief Executives) Delegation 2010

6.4 Related CEIs

• CEI 1.4 - Official Hospitality
• CEI 1.6 - Recordkeeping
• CEI 3.1 – Procurement
• CEI 3.2 - Payment of Accounts
• CEI 3.4 – Official travel
• CEI 3.5 - Corporate Credit Card
• CEI 6.1 – Care and Custody of Public Property

7. Definitions

Change History