Gifts, Benefits and Hospitality Policy and Register

It is important that we maintain high levels of integrity and public trust.

In some cases, a gift, benefit or hospitality might look like special treatment. This could result in a conflict of interest.

Under our policy, the Ombudsman, her staff and contractors must:

• declare all offers of gifts, benefits and hospitality
• decline non-token offers of gifts, benefits and hospitality
• seek approval to accept the offer where an exemption applies.

All offers worth more than $25 are non-token offers.

Each financial year, we publish a register of offered gifts, benefits and hospitality.

Gifts, Benefits and Hospitality Policy

Policy Statement

The purpose of this policy is to set out the Victorian Ombudsman’s position on responding to offers of gifts, benefits and hospitality and providing gifts, benefits and hospitality.

This policy:

• Supports staff and our organisation to avoid conflicts of interest and maintain high levels of integrity and public trust.
• Supports behavior consistent with the Code of Conduct for Special Bodies . Staff are required under clause 4.2 of the Code to comply with this policy.

This policy has been developed in accordance with requirements outlined in the Minimum Accountabilities for Managing Gifts, Benefits and Hospitality issued by the Victorian Public Sector Commission.

Key Principles

Public Interest

Staff have a duty to place the public interest above their private interests when carrying out their official functions. They will not accept gifts, benefits or hospitality that could raise a perception of, or actual, bias or preferential treatment.

Staff do not accept offers from those about whom they are likely to make business decisions.

Risk-based Approach

Through this policy and procedure and the Executive and Audit and Risk Committees, the Victorian Ombudsman will ensure Gifts, Benefits and Hospitality risks are appropriately assessed and managed.

Staff with direct reports will ensure they are aware of the risks inherent in their team’s work and functions and monitor the risks to which their direct reports are exposed.

Accountability

Staff including agency staff, contractors and third parties are accountable for:

• declaring all offers of Gifts, Benefits and Hospitality
• declining non-token offers of Gifts, Benefits and Hospitality, or where an exception applies under this policy, seeking approval to accept the offer
• responsibly providing Gifts, Benefits and Hospitality.

Managers are accountable for:

• overseeing the management of their direct reports’ acceptance or refusal of non-token gifts, benefits and hospitality
  
• modelling good practice and promoting awareness of the Victorian Ombudsman's Gifts, Benefits and Hospitality policy and procedure.

The Risk and Compliance Manager is accountable for:

• assessing all offers received by Victorian Ombudsman staff and contractors to confirm that no conflict of interest exists
• recording all offers received on the Gifts, Benefits and Hospitality register.

Scope

The scope of this policy applies to all staff including agency staff, contractors or third parties that have access to the Victorian Ombudsman's premises, computers, systems and/or information.

Non-Compliance

Disciplinary action consistent with the relevant industrial instrument and legislation, including dismissal, may be taken where a staff member fails to adhere to this policy. This includes where a staff member fails to avoid wherever possible or identify, declare and manage a conflict of interest related to gifts, benefits and hospitality in accordance with our Conflict of Interest policy.

Actions inconsistent with this policy may constitute misconduct under the Public Administration Act 2004 (Vic) which include:

• breaches of the Code, such as sections of the Code covering conflict of interest (section 3.7), public trust (section 3.9) and gifts and benefits (section 4.2); and
• staff making improper use of their position.

Staff who consider that gifts, benefits and hospitality, or conflict of interest, within our organisation may not have been declared or are not being appropriately managed should speak up and notify their manager or a member of the Executive. An incident report should be completed.

The Victorian Ombudsman will take decisive action, including possible disciplinary action, against staff who discriminate against or victimise those who speak up in good faith.

Gifts, Benefits and Hospitality Register 2023-24

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Gifts, Benefits and Hospitality Register 2022-23

Gifts, Benefits and Hospitality Register 2021-22

*Cumulative value is the sum of all offers made by the same individual or organisation over a financial year.