Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994 The Secretary Department of Treasury and Finance 1 Treasury Place Melbourne Victoria 3002 Australia Telephone: +61 3 9651 5111 Facsimile: +61 3 9651 2062 dtf.vic.gov.au Authorised by the Victorian Government 1 Treasury Place, Melbourne, 3002 © State of Victoria 2015 You are free to re-use this work under a Creative Commons Attribution 4.0 licence, provided you credit the State of Victoria (Department of Treasury and Finance) as author, indicate if changes were made and comply with the other licence terms. The licence does not apply to any branding, including Government logos. Copyright queries may be directed to IPpolicy@dtf.vic.gov.au ISBN 978-0-9943637-8-7 (pdf) Published June 2015 If you would like to receive this publication in an accessible format please email information@dtf.vic.gov.au This document is also available in Word and PDF format at dtf.vic.gov.au Contents 1. Introduction .................................................................................................... 1 2. Definitions ....................................................................................................... 2 3. Scope of the Rules ........................................................................................... 3 4. Role of agencies and cardholders .................................................................... 4 5. Role of the Department of Treasury and Finance ............................................ 5 6. Role of portfolio departments ......................................................................... 6 7. Unauthorised use ............................................................................................ 7 8. Determination and reporting of significant unauthorised use ......................... 8 9. Rules ............................................................................................................... 9 Appendix A - 4.5.3 Purchasing Card (Extract from Standing Directions of the Minister for Finance under the Financial Management Act 1994) ..................... 18 Appendix B – Undertaking by the cardholder ........................................................... 20 Appendix C – Template letter for reporting of significant instances of unauthorised use to the Minister for Finance and audit committee ........................ 22 Appendix D – Template letter for reporting annually to the Minister for Finance all instances of unauthorised use of its purchasing card for the period ending 30 June .............................................................................................. 24 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, i 1. Introduction Part of the mandate of the Minister for Finance is to assist the Government in meeting its obligations under the Financial Management Package by prescribing the financial management requirements to be met by the Government. This is an extension of the Minister’s responsibility with respect to financial management, as inadequate management of risks and controls may have an impact on the State’s financial position. As a result, the Minister has endorsed the Financial Management Compliance Framework as a means of managing and addressing the risks arising from financial management compliance, including purchasing card monitoring and reporting requirements. This is achieved through the annual Financial Management Compliance Framework process of certification against a set of Direction Requirements which have been derived from the Standing Directions of the Minister for Finance pursuant to the Financial Management Act 1994. Direction 4.5.3 of the Standing Directions of the Minister for Finance specifically deals with the use of purchasing cards. Agencies who operate purchasing cards, and cardholders responsible for using these cards are bound by the requirements contained within Direction 4.5.3. This Direction is supplemented by the Purchasing Card Rules for Use and Administration (the Rules), which have been developed to assist cardholders and agencies in the interpretation and application of the legislative requirements. The use of purchasing cards, including a general government purchasing card, as a payment mechanism can be of considerable benefit to the Government, taxpayers, and the various individuals and organisations that supply goods and services to the public sector. The benefits are in the form of efficient procurement and reduced administration costs. Accordingly, agencies are encouraged to administer procurement via a purchasing card where such benefits are attainable. Responsible financial management requires a strict, transparent and sound control environment. The Rules aim to ensure agencies administer procurement using purchasing cards within a controlled environment of strict procedures and guidelines, with clear consequences for public servants or statutory officers who misuse cards. The Rules set out in this document reflect government policy and the following key principles in relation to the conduct of persons involved in the use and administration of purchasing cards. Cardholders must always act in the interests of the State, as opposed to their own personal interests or convenience; and Cardholders must perform their duties honestly, with skill and care. The liability for any charges on purchasing cards rests with the State and not the individual cardholder. For this reason, the Rules must be strictly adhered to as a means of limiting the financial exposure of the State. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 1 2. Definitions Defined words are highlighted in italics throughout these Rules. Where a conflict occurs between the words defined in the Rules and the words used in any rules or policies issued by agencies, or the words used in the terms and conditions issued by the card provider, the definitions in the Rules prevail. In the Direction and Rules: accountable officer has the same meaning as in section 3 of the Financial Management Act 1994. agency/agencies has the same meaning as Public Sector Agency in the Standing Directions of the Minister for Finance under the Financial Management Act 1994. authorised signatory/authorised signatories means persons nominated by the accountable officer with specific responsibility for: – reviewing and approving transactions appearing on the cardholder’s statements; and – approving payment of incurred expenses for specified cardholders. cardholder means a person who has been issued with a purchasing card. card provider means the approved supplier of the purchasing card facility account. employee means a person who is employed by an agency. This includes persons employed on a ‘fixed term’ contract basis who are on the agency’s payroll. facility account means the individual purchasing and settlement facility between the card provider and the agency. Minister means the Minister for Finance. official purposes means purposes that are in direct connection with, or a direct consequence of, the cardholder’s functions and duties within an agency. program administrator means the person nominated by the accountable officer with responsibility for administration of purchasing cards in a particular agency. purchasing card means any type of purchasing card used within the Victorian Public Sector (ie. general government purchasing card, corporate card, credit card, purchasing card facility). For example, a purchasing card falling within the scope of these rules could be issued by an agency to the employee in the name of the agency. Debit cards are specifically excluded from these Rules. relevant Minister has the same meaning as in section 3 of the Financial Management Act 1994. significant has the meaning referred to in Section 8 ‘Determination of significant unauthorised use’. unauthorised use means any instance of non-compliance with the Direction and Rules, whether by the cardholder or by someone else. Refer to Section 7 for further information on unauthorised use. 2 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 3. Scope of the Rules All agencies operating a purchasing card are required to comply with the Purchasing Card Rules for Use and Administration (the Rules). The Rules derive their authority from the Standing Directions of the Minister for Finance under the Financial Management Act 1994 (Direction 4.5.3). The Rules contained in this document enhance Direction 4.5.3 by setting out the principles to be applied, and the procedures to be followed in relation to the use and administration of a purchasing card. In applying these Rules, agencies (other than universities and local government agencies but including TAFE divisions of universities) must have in place rules covering the use and administration of cards, which are at least equivalent in effect as the rules outlined in this document. More detailed rules, guidelines or policies that relate to the use and administration of the purchasing cards may be issued by agencies to supplement those contained within the Rules, however these must be consistent with the requirements as set out in this document. The Rules should be observed in conjunction with all policy statements issued by the Victorian Government (for example, Code of Conduct for the Victorian Public Sector, Official Hospitality Guidance etc.). Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 3 4. Role of agencies and cardholders The Rules apply to all cardholders (and employees) of agencies, and agencies are required to ensure that cardholders use the purchasing card in accordance with these Rules. Instances of unauthorised use are to be reviewed by the accountable officer, reported to the Minister and if necessary, referred to the police for investigation and action (please refer to unauthorised use below). The program administrator in each agency must ensure that the following procedures are followed in relation to intended cardholders: The employee reads the card provider’s terms and conditions provided with the card; The employee reads and signs the ‘Undertaking by the cardholder’ as set out in Appendix B; The employee is appropriately trained on the operation and use of purchasing cards; The employee signs the purchasing card immediately; and any revised Rules or agency policies issued are circulated to cardholders in a timely manner. It must always be remembered that purchasing cards are a purchasing facility, not a convenient alternative for employees who might otherwise have to seek reimbursement for minor work-related expenses. This principle is reflected within the structure of the Rules. Accountable officers and program administrators within agencies are also responsible for providing administrative support to enable the relevant Minister to assure him/herself that rigorous controls are in place in relation to the use and administration of purchasing cards issued. 4 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 5. Role of the Department of Treasury and Finance The Department of Treasury and Finance undertakes the role of adviser to the Minister in respect to the use and administration of purchasing cards within the Victorian Public Sector. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 5 6. Role of portfolio departments Portfolio departments advise relevant Ministers in respect to portfolio agencies compliance with the Financial Management Compliance Framework and these Rules. This involves: formulation and implementation of strategies to promote compliance throughout portfolios; dissemination of whole of Government knowledge and issues management; provision of portfolio specific knowledge and issues management; provision of briefings to relevant Ministers; and monitoring of portfolio compliance with these Rules. For further information on the role of Portfolio Departments, please refer to the Financial Management Compliance Framework. 6 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 7. Unauthorised use Unauthorised use means any instance of non-compliance with the Direction and Rules, whether by the cardholder or by someone else and can involve: unauthorised or inappropriate transactions made on a purchasing card; or any other non-compliance with the Direction and Rules. The accountable officer of an agency is responsible for investigating all instances of unauthorised use and for reporting such instances to the Minister. In the event a cardholder knows or suspects that unauthorised transactions have been made using the cardholder's purchasing card, the cardholder must immediately notify the card provider and the program administrator. The program administrator must promptly refer all cases of unauthorised use or non-compliance with the Rules (e.g. an individual exceeding their individual transaction limits) to the accountable officer, who in turn must advise the Team Leader, Frameworks Team of the Department of Treasury and Finance. The accountable officer must provide a written report on significant instances of unauthorised use to the agency's audit committee and the Minister as soon as the accountable officer has completed an inquiry into the unauthorised use. This report must provide details of any police or disciplinary action taken. The unauthorised use of a purchasing card may constitute a criminal offence. The accountable officer of an agency is responsible for determining whether a breach of the Direction and Rules is significant and requires referral to police for immediate investigation and action. Where the accountable officer has determined that a significant breach has occurred but does not warrant police involvement, he/she must either refer the matter for disciplinary action or, if he/she is the responsible officer, initiate disciplinary action. Disciplinary action is to conform with the agency's disciplinary or misconduct policy/code. The accountable officer has a discretion not to proceed with disciplinary action if he/she is satisfied that the unauthorised use was accidental, and it was not part of a pattern of unauthorised use (accidental or not). In addition to referral for disciplinary action, should three separate breaches have occurred, irrespective of the dollar amount, consideration should be given to withdrawing the purchasing card immediately. The purchasing card must be withdrawn if any one breach involves $1 000 and above. Cases involving $1 000 and above, or any repeated unauthorised use may result in a finding of misconduct which could lead to the employee's employment being terminated. Any other instances of unauthorised use must be reported to the Minister in accordance with the Rules in section 9. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 7 8. Determination and reporting of significant unauthorised use The timing of the reporting of unauthorised use of a purchasing card is determined by whether the unauthorised use is classified as ‘significant’. Significant unauthorised use of a purchasing card must be reported to the Minister for Finance and the public sector agency’s audit committee as soon as an inquiry into the unauthorised use has been completed (Direction 4.5.3 Procedure (b)). Reports should also be sent to the relevant minister using the template provided in Appendix C. All instances of unauthorised use of purchasing cards, including unauthorised use that does not fall within the ‘significant unauthorised use’ category, must be reported annually to the Minister for Finance (Direction 4.5.3 Procedure (c)). Reports should also be sent to the audit committee and the relevant minister using the template provided in Appendix D. Whether an instance of unauthorised use of a purchasing card is ‘significant’ can be determined by considering the following factors: a) whether the transaction involves a sum of $1 000 or greater; or b) whether the nature or circumstances of the unauthorised use from the perspective of public interest has the potential to cause reputational risk; or c) whether the transaction is revealed to be one of many highlighting a pattern of unauthorised use. Genuine cases of accidental or inadvertent use, where the cardholder has repaid the funds immediately, should not be considered significant, though these instances should be reported as part of the annual report required by the Rules. 8 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 9. Rules Public Sector Agencies operating a Purchasing Card (Card) must: 4.5.3 Procedure (a) Dot point 1 Establish their own facility account, including a maximum monthly account limit, directly with the card provider Facility accounts Each agency using purchasing cards will establish its own facility account with the card provider and will deal directly with the card provider on a day-to-day basis. The accountable officer is required to authorise the opening of the facility account with the card provider on behalf of the agency. Contract arrangements with the card provider A summary of the contract arrangements with the Victorian General Government Purchasing Card card provider(s) is available on the internet at: www.vgpb.vic.gov.au/contracts/. Agencies are encouraged to adopt the General Government Purchasing Card card provider(s) to enhance the internal efficiencies and costs savings in operating purchasing cards. Details to be provided by the agency to the card provider Agencies must provide the following details to the card provider: number of purchasing cards required; agency and cardholder credit limits involved; facility account limit required; bank account for direct debiting of monthly billing statement; and reporting structure for tiered reporting. These details should be updated as required. Additional facility accounts The accountable officer must not arrange for any additional facility account for his or her agency without the prior approval of the Minister. Maximum facility account limits Each agency is required to set a maximum monthly facility account limit with the card provider. 4.5.3 Procedure (a) Dot point 2 Ensure only one Card is issued to each employee approved as a cardholder Who is eligible to be a cardholder? Only an employee of an agency can be a cardholder. This includes persons employed on a ‘fixed term’ contract and registered on the payroll of an agency. Other persons associated with an agency, such as independent contractors, are not eligible to exercise financial delegations or hold a purchasing card. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 9 Ministers Ministers and their staff are not eligible to be cardholders. Statutory Office Holders Statutory office holders may require access to purchasing card services. These potential cardholders are not, technically, employees of public bodies. The Auditor-General, Electoral Commissioner and Ombudsman are examples of such officers. The Minister has authorised the provision of purchasing cards to persons occupying these offices, subject to the cardholders adhering to a control regime which is at least equivalent in its standards to that applying to employees of agencies. The Minister may provide advice from time to time to assist the relevant Minister’s or Parliamentary officer’s oversight of the use and administration of purchasing cards outside the direct control of accountable officers within their portfolio. Conditions for issue to employees A purchasing card may be issued to an employee whose functions and duties relating to official purposes within an agency would be enhanced through the efficiencies that arise from use of the Card. Purchasing cards should not be issued to employees on the basis of their seniority in an agency. A purchasing card approved for the use of a specific cardholder must only be used by the person whose signature appears on the Card. Card register A register of all purchasing cards issued within the agency must be developed and maintained. 4.5.3 Procedure (a) Dot point 3 Ensure cardholders use the Card for official business and that purchases of goods and services are for Government purposes Liability for the Card The liability for any charges on purchasing cards rests with the State and not the individual cardholder. For this reason, the Rules must be strictly adhered to as a means of limiting the financial exposure of the State. Official Purposes The purchasing card is to be used for official purposes only. This means that the card is to be used for purposes that are in direct connection with, or as a direct consequence of, the cardholder’s functions and duties within an agency. Therefore, prior to making a purchase, consideration must be given as to whether the public expenditure is in line with the expectations of the community and government in that it will stand up to public scrutiny. This applies regardless of: the amount of the transaction involved; and the type of transaction made using a purchasing card. For example, whether the card is used to pay for goods or services which are bought directly from a merchant, or by mail or telephone order, or through electronic means. The process to be taken in the event of unauthorised use of the purchasing card is detailed in Section 7 ‘Unauthorised Use’. Private Expenses 10 On occasions a cardholder may incur coincidental official and private expenditure recorded on a single billing system. For example, a cardholder may make private telephone calls or purchase goods for private consumption that are subsequently charged to a hotel account. Cardholders must settle all such private expenses prior to charging the balance on the purchasing card. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Determination of ‘official purposes’ Judgements about the nature and legitimacy of particular transactions must be made having regard to all policy statements issued by the Victorian Government. The determination of whether an expense is for official purposes must not differ between one purchasing method and another. In other words, the tests applied by cardholders to determine whether a purchase can legitimately be paid for using purchasing cards must be the same as if the transaction was being managed through mainstream procurement and payment systems. Cardholders who are in doubt as to the private or official nature of a particular transaction, for example the purchase of gifts or flowers for staff who are leaving the organisation or are ill, must take advice from their authorised signatory prior to the expenditure being incurred. Purchases by other means A cardholder must not use a purchasing card to pay for expenses, which, under the rules issued by an agency, must be paid for by means other than purchasing cards. For example, an agency may impose additional restrictions on the types of goods or services for which the cardholder may use the purchasing card, such as restrictions on expenses incurred in relation to domestic and overseas travel, hospitality or entertainment. Cash A cardholder must not use a purchasing card to obtain cash. Other card purchasing arrangements A cardholder must not use a purchasing card for purchases covered by other existing contracts to which the Government is a signatory, for example, fuel cards. Reimbursement A cardholder must not use a purchasing card to pay for an expense where reimbursement has been made (or will be made) to the cardholder in respect of that same expense from any allowance, which exists in an agency. For example, accommodation expenses must only be claimed once; either through the use of a card or through reimbursement of payments made by the cardholder personally. Tipping and gratuities A purchasing card is not permitted to be used for the payment of tips or gratuities in any circumstance. Tipping or gratuities are generally not permitted at an agency’s expense. However, in circumstances where it is justified, payment must be made at the cardholder’s own expense and reimbursement sought from the agency through alternative reimbursement processes. If payment of a tip or gratuity is required, payment should not exceed 10 per cent of the total bill amount, and should not be paid where the bill includes a service charge. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 11 4.5.3 Procedure (a) Dot point 4 Require cardholders to provide supporting documentation for all transactions and ensure that monthly statements are reviewed and approved by the appropriate financial delegate, and that any discrepancies identified with the cardholder or provider are resolved in a timely manner Supporting Documentation The authorised signatories in each agency must ensure that all transactions made using purchasing cards are supported by sufficient supporting documentation. A cardholder must obtain sufficient supporting documentation in relation to each and all transactions made using the purchasing card. There are no materiality thresholds in relation to this requirement. Accordingly transactions: made directly with a merchant must be supported by appropriate documentation; and made by telephone, mail or electronic means must be supported by an invoice or receipt which the cardholder must request be sent at the time of making the order. The requirement for sufficient supporting documentation applies – irrespective of the form of the transaction, such as transactions conducted directly with a merchant, or by telephone or mail order, or transactions made using electronic means; and irrespective of the amount of the transaction made using the purchasing card. Supporting documentation consists of, but not limited to receipts, tax invoices and merchant records (airplane boarding passes etc). Where supporting documentation is not obtainable, copies of such documentation can be provided in its place, when it has been endorsed (signed) by the cardholder stating why original documentation was not available. What if appropriate supporting documentation is unable to be obtained? In exceptional circumstances where appropriate supporting documentation cannot be obtained, alternate certification may be acceptable. In these cases, the advice of the authorised signatory and/or appropriate agency personnel should be sought before a monthly statement is verified. All supporting documentation must be sufficiently detailed to adequately support the payment processes. To avoid any doubt as to the level of documentation required in respect of various transactions, agencies may wish to determine thresholds and matching substantiation requirements. Tax invoices Where GST input tax credits are being claimed, a valid tax invoice is required for supplies greater than $82.50 (GST inclusive). The ATO has ruled that the card provider statement itself may be considered a valid tax invoice for claiming input tax credits. Transactions made using purchasing cards must also comply with other requirements such as the Fringe Benefits Tax legislation. 12 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Electronic procurement Agencies that have advanced to electronic procurement must issue specific rules to ensure that the requirements for signatories and sufficient supporting documentation are met in an adequate electronic form that can be audited. Payments directly A cardholder must not make any payments directly to the card provider in to card provider respect of expenses the cardholder incurred using the purchasing card. Authorisation A cardholder’s expenses must be authorised by an employee who is senior to the cardholder. In the case of expenses incurred by accountable officers who are cardholders, arrangements should be made for cardholder statements to be authorised by the chairman of the relevant Audit Committee. In the case of statutory office holders and those operating in an environment where there is no audit committee, arrangements must be made through the relevant departmental audit committee to gain authorisation. Review of monthly A cardholder must ensure that the monthly statement issued by the card provider is reviewed for completeness and accuracy and transactions statement appearing on the statement are matched to supporting documentation. The monthly statement provided by the card provider must be signed by the cardholder to verify that transactions appearing on the statement have been made for official purposes. The signed monthly statement (with attached supporting documentation) is then forwarded to the authorised signatory for approval. The approval of the authorised signatory must be evidenced on the card provider’s statement. The approved statement is then forwarded to the program administrator for processing. Procedures to be followed The cardholder must ensure that the following procedures are also followed: reconciliations must be performed on a timely basis upon receipt of the monthly statement; discrepancies on the statement are to be followed up with the card provider and promptly advised to the program administrator; goods or services paid for using the card are actually delivered or provided; credits on the card are raised where, for example, a good or service is not delivered or not provided in accordance with original expectations; each transaction appearing on the card provider’s statement is appropriately coded for accounting purposes; and sufficient supporting documentation for each transaction is attached to the card provider’s statement when statements are provided by the cardholder to the authorised signatory for approval. 4.5.3 Procedure (a) Dot point 5 Ensure cardholders hold a financial delegation and their individual transaction limits do not exceed this delegation Limits The following limits must be set for each cardholder: maximum limits for each monthly billing period; maximum limits on the amount of any individual transaction which can be made using a purchasing card; and where applicable, restrictions on the types of goods or services for which the cardholder may use the card, for example, restrictions on domestic and overseas travel, hospitality and entertainment. The limits also apply to purchasing cards issued on a temporary basis. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 13 Financial Delegations Cardholders must hold a financial delegation and their purchasing card individual transaction limits must not exceed this delegation. The Cardholder Agreement which outlines the terms and conditions for each cardholder is signed by the cardholder on receipt of their card and serves then as the instrument of delegation. Expenditure incurred and commitments on the card must be taken into account when monitoring delegation limits expended by cardholders. Agencies should install preventative and monitoring controls that prevent and detect: misuse of purchasing cards; purchasing cards being issued to employees who have not signed a Cardholder Agreement; and expenditure and commitments incurred on a purchasing card, and from other sources, exceeding a cardholder’s maximum: individual transaction limit; monthly card limit; and financial delegation limit. Cardholders must not purchase items using a ‘stringing’ arrangement, that is, splitting one transaction into many to avoid exceeding card limits. 4.5.3 Procedure (a) Dot point 6 Ensure that all individual Card limits do not exceed $25 000, unless approved by the Minister for Finance A cardholder must not exceed the overall maximum limit set for the cardholder’s purchasing card. The limits placed on a cardholders overall card limit may vary depending on an individual cardholder’s financial delegation, however this limit must not exceed $25 000 unless it is approved by the Minister. 14 4.5.3 Procedure (a) Dot point 7 Ensure adequate monitoring and security procedures are in place The agency must ensure that appropriate internal controls are in place and maintained An agency must ensure that the following controls are in place and maintained: appropriate training is given to employees before they are issued with a purchasing card; appropriate purchasing card limits are set and reviewed in line with the cardholder’s actual usage; sufficient documentation is obtained and maintained covering the authorisation and identification of transactions, including merchant records and approved and reconciled statements; the allocation of transactions to expenditure types is made in the same manner as other agency expenditure; purchasing cards are withdrawn and immediately cancelled: On the termination, or notification of resignation of the cardholder’s employment within an agency; Where the card has been lost, stolen or misused; Where the card is no longer relevant to the performance of the cardholder’s functions and duties within an agency; or If the cardholder’s account is inactive. monthly reports are monitored by the program administrator. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Transactions must To ensure that purchasing cards are used in accordance with the Rules and be subject to any agency rules, transactions must be subject to the following controls: controls regular audits by the agency’s internal auditors; reports by managers on card usage within their areas, based on regular checks of samples of transactions; random checks carried out by the program administrator; regular review of monthly reports on card usage issued by the card provider; and regular review to ascertain whether cardholders have an ongoing or changed requirement for the card. The agency must ensure adequate security procedures are in place. Each agency must ensure that adequate procedures are in place to: provide for the secure delivery of purchasing cards from the card provider to the agency, and from the program administrator to each cardholder; ensure the recovery of all unused cards and their destruction in accordance with the card provider’s requirements; and recover cards from cardholders leaving the employment of the agency or cardholder’s who have been requested to return their card. The agency must reconcile payment of the purchasing card liability to their bank account, general ledger and other supporting records Loss or theft of card A cardholder must also immediately report the loss or theft of the cardholder’s purchasing card to the program administrator and the card provider. Notification must be made using the 24 hour emergency number provided by the card provider. A cardholder must retain any notification number or other acknowledgment provided by the card provider as evidence of the date and time of the notification. Where the cardholder changes position within an agency, it is the responsibility of the program administrator within that agency to assess the requirement for ongoing issue of the card to the current cardholder, as well as the limits and types of expenses for which the card can continue to be used by the cardholder. Cardholder may be personally liable for any unauthorised use of the card The cardholder may be held to be personally liable for any unauthorised use of the purchasing card unless the unauthorised use is the result of the card being lost or stolen (provided the cardholder took adequate measures to prevent the card from being lost or stolen) or is otherwise the result of fraud on the part of some third party such as a merchant. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 15 4.5.3 Procedure (a) Dot point 8 Include in the internal audit program a review of the card scheme and the use of cards issued The objective of any set of rules is to assist in the management of risk. As a consequence agencies should consider the following as part of a broader risk management strategy overseen by its audit committee. Adherence to the Rules is, therefore, more than a compliance exercise. Agencies should perform a number of roles in relation to the administration of purchasing cards. Agencies should: appoint relevant administrative personnel (e.g. authorised signatories, program administrator) to ensure the efficient and effective administration of the facility account within that agency. Persons appointed to such positions should be at a level appropriate to the responsibilities of that position; assess the costs and benefits of using purchasing cards; develop adequate internal controls, security measures and reporting procedures to implement and control the operation of the purchasing cards; determine their own internal rules or policies in relation to the use and administration of the purchasing card, particularly in respect of electronic commerce, which supplement the rules in this document; administer and monitor the operation of purchasing cards on a day-to-day basis in compliance with these Rules and any rules or policies issued by the agency. Service issues should first be raised with the card provider; ensure cardholders are appropriately briefed before they are issued with a card; authorise and process the relevant documentation for the operation of purchasing cards; maintain all documents, statements and reconciliations required to be kept in relation to the use and administration in accordance with Direction 4.5.3 of the Minister’s Directions under the Financial Management Act 1994; and provide administrative support to relevant Ministers for the management of purchasing cards as it applies to relevant statutory office holders. This function includes nominating a program administrator in respect of these cardholders. 16 4.5.3 Procedure (a) Dot point 9 Certify annually that they have followed this Purchasing Card procedure Annual Assurance The annual assurance process provides a level of assurance to the Minister that the Rules or equivalent standards have been complied with by agencies operating a purchasing card. Certification Each agency is required to certify annually against their compliance with Procedure (a) of the Direction (the requirements of which are consistent with these Rules). This is to be completed as part of the Financial Management Compliance Framework certification process and such certification is to take place via the Compliance Monitoring System website. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Reporting of unauthorised use In accordance with Direction 4.5.3, Procedure (b) of the Direction, in the event of a significant instance of unauthorised use of the card occurring throughout the reporting period, the accountable officer must provide a written report to the Minister for Finance and the agency’s audit committee, as soon as an inquiry into the unauthorised use has been completed. Reporting should be made using the template contained in Appendix C. In accordance with Direction 4.5.3, Procedure (c) of the Direction, all instances of unauthorised use (including any significant instances reported throughout the year), for the period ending 30 June, are required to be reported annually by an agency to the Minister for Finance. Reports should also be sent to the audit committee and the relevant minister using the template provided in Appendix D. Refer to Section 7 ‘Unauthorised Use’ and Section 8 ‘Determination and reporting of significant unauthorised use’ for further details. The sample letters of assurance are located in Appendices C and D. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 17 Appendix A - 4.5.3 Purchasing Card (Extract from Standing Directions of the Minister for Finance under the Financial Management Act 1994) Direction Public Sector Agencies that operate a purchasing card must comply with the following Purchasing Card procedure. Procedure a) Public Sector Agencies which operate a Purchasing Card (‘Card’) must: Establish their own facility account, including a maximum monthly account limit, directly with the Card provider; Ensure only one Card is issued to each employee approved as a cardholder; Ensure cardholders use the Card for official business and that purchases of goods and services are for Government purposes; Require cardholders to provide supporting documentation for all transactions and ensure that monthly statements are reviewed and approved by the appropriate financial delegate, and that any discrepancies identified with the cardholder or provider are resolved in a timely manner; Ensure cardholders hold a financial delegation and their individual transaction limits do not exceed this delegation; Ensure that all individual Card limits do not exceed $25,000, unless approved by the Minister for Finance; Ensure adequate monitoring and security procedures are in place; Include in the internal audit program a review of the Card scheme and the use of cards issued; and Certify annually that they have followed this Purchasing Card procedure. See Guidelines 1, 2 and 3 below b) The accountable officer must provide a written report to the Minister for Finance and the public sector agency’s audit committee in the event of a significant instance of unauthorised use of a purchasing card, as soon as an inquiry into the unauthorised use has been completed. See Guidelines 1 and 3 below c) Each public sector agency to report annually to the Minister for Finance all instances of unauthorised use of its purchasing cards for the period ending 30 June. See Guidelines 1 and 3 below 18 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Guidelines Guideline 1 Public Sector Agencies are required to report annually on their compliance with Procedure (a), as part of their annual compliance with the Directions generally. This is monitored through the Financial Management Compliance Framework. All instances of unauthorised use (as defined by the Purchasing Card Rules for Use and Administration (the Rules)) must be reported annually to the Minister for Finance, in accordance with Procedure (c). In addition to the requirements above, in the event of a significant instance of unauthorised use of a purchasing card, in accordance with Procedure (b), the accountable officer must provide a written report to the Minister for Finance and the Public Sector Agency’s audit committee as soon as an inquiry into the unauthorised use has been completed. A copy of this report should also be provided to the relevant Minister. Guideline 2 When implementing the necessary internal controls for the Card, Public Sector Agencies and cardholders are encouraged to apply the principles set out in the Rules, issued by the Department of Treasury and Finance. The Rules outline guiding principles and procedures that should be followed in relation to the use and administration of the Card. More detailed guidelines or policies, relating to the use and administration of the Card may also be issued by Public Sector Agencies subject to them being consistent with the Rules. For more information on the Rules, refer to the Department of Treasury and Finance website at http://dtf.vic.gov.au. Guideline 3 A significant instance of unauthorised use should be determined by reference to Section 8 of the Rules Determination and reporting of significant unauthorised use. Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 19 Appendix B – Undertaking by the cardholder Purchasing card cardholder agreement Cardholder name: Position: Branch: Division: Agency: Accountable officer: Authorised signatory: Program administrator: I understand and agree that the Purchasing Card is issued to me on the express understanding that I will, at all times, comply with the following conditions: Use 1. The purchasing card is the property of (specify provider) and is in my possession and under my strict control. 2. I will not permit the purchasing card to be used by any person other than myself. 3. I will only use the purchasing card for official purposes. 4. I will immediately report any suspected or known unauthorised use of the purchasing card to the card provider and the program administrator. 5. I will not use the purchasing card to pay for expenses that have already been claimed (or will be claimed) by any form of allowance. 6. I will not use the purchasing card to pay for tips or gratuities. 7. I will not use the purchasing card for cash withdrawals. 8. I can use the purchasing card to a maximum limit of $ in any one transaction and to a maximum monthly limit of $ . My use of the purchasing card is subject to the following restrictions on transaction types (specify): 9. I will not split transactions on the purchasing card to avoid exceeding purchasing card transaction limits. 10. I hold a financial delegation that is at least equivalent in value to the transaction limit in 8 above. 11. In the case of General Government purchasing cards, I understand that purchasing information may be periodically reviewed by the Department of Treasury and Finance. 20 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Transaction/monthly reconciliation 12. I will be issued with a monthly statement by the card provider. I will ensure that all transactions that appear on the monthly statement are verified by me and that sufficient supporting documentation is attached to the monthly statement when it is submitted for approval. I will ensure that goods or services paid for using the purchasing card are actually delivered or provided. I will ensure that each transaction appearing on the card provider’s statement is appropriately coded for accounting purposes. 13. I will sign the monthly statement provided by the card provider to indicate that the transactions being paid by the State have been made only for official purposes. 14. I will ensure that credits are requested in relation to transactions made using the purchasing card as soon as I become aware of the need for a credit, for example, where a good or service is not delivered or not provided in accordance with original expectations. Change in cardholder details 15. I will immediately advise the program administrator of any change in my name or contact details. Upon resignation or transfer 16. I will immediately return my purchasing card to the program administrator if I resign or retire, or if my services as an employee of the agency or statutory office holder are otherwise terminated, or if I take up a position in another agency, or if I am instructed to do so by the accountable officer or the program administrator. Lost or stolen cards 17. I will immediately report the loss or theft of my purchasing card to the card provider (24 hour service) and the program administrator. Declaration 18. I confirm that I have access to only one purchasing card. 19. I acknowledge receipt of the Purchasing Card Rules for Use and Administration. 20. I have been briefed on all aspects of the operation and use of the purchasing card. .............................................................. ....................................................................... Signature of cardholder Signature of agency program administrator .............................................................. ....................................................................... Name of cardholder Name of agency program administrator .............................................................. ....................................................................... Date Date Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 21 Appendix C – Template letter for reporting of significant instances of unauthorised use to the Minister for Finance and audit committee Date The Hon Robin Scott MP Minister for Finance Level 5, 1 Macarthur Street EAST MELBOURNE VIC 3002 Dear Minister Purchasing cards – Reporting of a significant instance of unauthorised use In accordance with Procedure (b) of Direction 4.5.3 of the Standing Directions of the Minister for Finance issued pursuant to the Financial Management Act 1994, the following significant instance of unauthorised use of a purchasing card operated within [insert Public Sector Agency name] is hereby reported. This significant instance of unauthorised use of the purchasing card arose from the failure to comply with the following requirement of both Procedure (a) of Direction 4.5.3 and the Purchasing Card Rules for Use and Administration. In particular [insert Public Sector Agency name] failed to: [Please delete as necessary from the below list of requirements and provide full report as to the particulars of the significant unauthorised use – either as part of this letter or as a separate attachment]. [Establish their own facility account, including a maximum monthly account limit, directly with the Card provider. Ensure only one Card was issued to each employee approved as a cardholder. Ensure cardholders use of the Card was for official business and that purchases of goods and services were for Government purposes. Require cardholders to provide supporting documentation for all transactions and ensure that expenditure was approved by the most appropriate financial delegate prior to settling the monthly account with the Card provider. Ensure cardholders held a financial delegation and that their individual transaction limits did not exceed this delegation. Ensure that all individual Card limits did not exceed $25,000, unless approved by the Minister for Finance. 22 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Ensure adequate monitoring and security procedures were in place. Include in the internal audit program a review of the Card scheme and the use of cards issued.] An inquiry into the authorised use has now been completed. The following action in accordance with the Purchasing Card Rules for Use and Administration has been taken [please provide full details as to the particulars of action taken]. If you require any further information, please contact [insert relevant individual’s contact details]. Yours sincerely <insert chief executive officer details> Cc: Chief Finance and Accounting Officer Public Sector Agency Audit Committee Chairperson Relevant Minister Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 23 Appendix D – Template letter for reporting annually to the Minister for Finance all instances of unauthorised use of its purchasing card for the period ending 30 June Date The Hon Robin Scott MP Minister for Finance Level 5, 1 Macarthur Street EAST MELBOURNE VIC 3002 Dear Minister Purchasing Cards – Annual reporting of all instances of unauthorised use for the period ending 30 June [insert year] In accordance with Procedure (c) of Direction 4.5.3 of the Standing Directions of the Minister for Finance issued pursuant to the Financial Management Act 1994, all instances of unauthorised use in respect to the use and administration of purchasing cards operated within [insert Public Sector Agency name] for the period ending [insert period ending date] are hereby reported. The unauthorised use of the purchasing card arose from the failure to comply with the requirements of both Procedure (a) of Direction 4.5.3 and the Purchasing Card Rules for Use and Administration. In particular [insert Public Sector Agency name] failed to: [Please delete as necessary from the below list of requirements and provide full particulars of the unauthorised use – either as part of this letter or as separate attachment]. [Establish their own facility account, including a maximum monthly account limit, directly with the Card provider. Ensure only one Card was issued to each employee approved as a cardholder. Ensure cardholders use of the Card was for official business and that purchases of goods and services were for Government purposes. Require cardholders to provide supporting documentation for all transactions and ensure that expenditure was approved by the most appropriate financial delegate prior to settling the monthly account with the Card provider. Ensure cardholders held a financial delegation and that their individual transaction limits did not exceed this delegation. 24 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, Ensure that all individual Card limits did not exceed $25,000, unless approved by the Minister for Finance. Ensure adequate monitoring and security procedures were in place. Include in the internal audit program a review of the Card scheme and the use of cards issued. Certify annually that they have followed the Purchasing Card requirements as contained within the Standing Directions] [Insert Public Sector Agency name] provides reasonable assurance that in respect to the above reported instances the following action [has been/will be] taken to ensure that further incidences of unauthorised use are prevented. [Please provide details as to any action taken by the Public Sector Agency to address the above reported instances of unauthorised use]. All instances of unauthorised use [listed as part of this letter or as separate attachment] identified and investigated by the [insert Public Sector Agency], including those that have previously been reported to the Minister are enclosed. If you require any further information, please contact [insert relevant individual’s contact details] Yours sincerely <insert chief executive officer details> Cc: Chief Finance and Accounting Officer Public Sector Agency Audit Committee Chairperson Relevant Minister Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994, 25 www.dtf.vic.gov.au 26 Purchasing card rules for use and administration Issued pursuant to the Financial Management Act 1994,