Gifts and Benefits
Overview
The NSW Rural Assistance Authority (the Authority) is committed to being a professional and
ethical workplace. This can only be achieved and maintained if the community is confident that
staff are not influenced by gifts, benefits and bribery. For staff there are many real and perceived
risks associated with being offered or accepting gifts or benefits while on duty.
This policy states the Authority's requirements regarding the management of gifts and benefits,
which protects staff and their reputation and minimises potential negative consequences for staff
and the Authority.
Background
Staff must not give or accept gifts and benefits that will compromise, or appear to compromise,
their integrity and objectivity in performing their duties, or cause, or appear to cause a conflict of
interest. The giving or acceptance of gifts and benefits may affect the public perception of the
integrity and independence of the Authority and its employees.
Staff must be able to demonstrate that they cannot be improperly influenced in the performance of
their duties by offers of gifts and benefits. If a person who offers a gift/benefit becomes offended
because it will not be accepted, staff should politely explain the Authority’s policy against accepting
gifts and benefits.
This policy is based on and complies with the Independent Commission Against Corruption (ICAC)
Managing Gifts and Benefits in the Public Sector Toolkit.
Scope
This policy applies to all staff and contractors of the NSW Rural Assistance Authority. It includes
temporary staff, private contractors and consultants when performing the role of a public official.
Policy
1.
Staff of the Authority must not:
a.
b.
c.
2.
accept any cash or financial benefit as this could be considered a bribe, which is an
offence under the Crimes Act 1900
solicit any gift/benefit from clients in connection with their official duties
accept any gift/benefit that could be perceived by a reasonable person to influence the
staff member when carrying out their official duties.
Staff of the Authority may:
a. accept token gifts/benefits where the gifts/benefits are offered in business situations or to
all participants and attendees (e.g. seminars, conferences, trade and/or agricultural shows
and business events). These items are not given as a personal gift for use outside the
business environment and a reasonable person would not perceive token gifts as items
designed to influence or win favours. Token gifts could include pen, cap, stationery, coffee
mug, stress ball, mouse pad and memory sticks. Staff do not need to declare and report
token gifts on the Gifts and Benefits Register
b. accept a gift/benefit for presenting at a conference, seminar, and/or business event. Staff
must satisfy themselves that the gift/benefit does not fall into any of the categories outlined
in 4.1 and must declare and report the gift/benefit on the Gifts and Benefits Register
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c. accept a ceremonial gift from another organisation on behalf of the Authority. Ceremonial
gifts belong to the Authority. Staff must declare and report the item on the Gifts and
Benefits Register and arrange to display the item in the Authority office where appropriate
d. accept a gift/benefit given in gratitude when hosting business events, overseas
delegations/missions only where refusal would be unreasonable and unnecessarily
offensive. Staff must declare and report the gift/benefit on the Gifts and Benefits Register
e. accept light refreshments (e.g. tea, coffee, water, juice) or a modest meal (no alcohol)
during a meeting or as a participant of a working group. This is considered a basic
courtesy and under similar circumstances the Authority would reciprocate by providing
similar light refreshments/modest meals to attendees at meetings or working groups
hosted by the Authority. Staff do not need to declare and report basic courtesy on the Gifts
and Benefits Register.
3.
Staff of the Authority will:
a. advise their supervisor immediately if they believe they have been offered a bribe. Where
necessary ICAC and the NSW Police will be notified immediately
b. advise their supervisor immediately if they believe they have been offered a gift/benefit
aimed to influence decision making now or in the future
c. always consider the purpose of a gift/benefit before making any decisions about accepting
it. If staff are unsure, the matter is to be discussed with Authority management
d. register all gifts and benefits within 10 working days of receiving the gift/benefit regardless
of cost, excluding token gifts as outlined in 2 a. This includes registering:

all ceremonial gifts received,

all gifts and benefits that are given in gratitude,

any gift/benefit or prize that may be won as a result of entering a competition while
engaged in official duties, such as winning a prize at a conference paid for by the
Authority, winning a prize as an incentive to complete a survey as an employee of the
Authority. These items are to become the property of the Authority not staff. In this
way, the prize can ultimately be of benefit to the public,

the offer and/or receipt of any benefit as part of their official duties (e.g. meals, seats
at sporting events, access to corporate boxes at sporting/cultural venues, upgrades
on flights, tickets to theatrical, cultural, entertainment and/or sporting events along
with any hospitality included with the ticket ) excluding courtesy tea/coffee as defined
in 2. e. Staff must satisfy themselves that the gift/benefit does not fall into any of the
categories outlined in section 1,

any gift/benefit that is declined, returned or disposed of. For example if staff members
share the gift, it should be donated or returned.
e. discourage your family and relatives from accepting gifts and benefits, which could give the
perception of an indirect attempt to influence you.
4.
Gifts and Benefits Register
a. The Gifts and Benefits Register is an official Authority record that details gifts and/or
benefits received or offered to staff and how these items were managed by the Authority.
Staff access the process via the declaration form on the intranet
b. As specified in 3. d. staff must declare and report gifts and/or benefits on the register to
safeguard and make transparent their relationships and dealings with individuals,
organisations and client groups
c. Staff must complete a Gifts and Benefits declaration form within 10 working days of
receiving/being offered the gift/benefit
d. The Manager Administration is responsible for actioning gifts and benefits reported within
10 working days of receiving the declaration form from staff. The possible actions include
approving, declining, donating or returning the gift/benefit
e. An annual review of the register enables senior management to identify and manage any
emerging risks. For instance, if a particular company/organisation is presenting a
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significant number of gifts to various staff or if companies/organisations are offering
frequent and substantial hospitality to staff.
For additional information on how and when to report gifts and benefits refer to the
procedures.
5.
Roles and responsibilities

Director
o
o

Manager Administration
o
o
o
o
o

Incorporate gifts and benefits awareness and training into the Authority’s induction
program,
Manage the Authority's gifts and benefits register,
take appropriate action in relation to any reported bribe,
arrange for the display of gifts in the Authority office where appropriate,
supervise the disposal of gift items not suitable for display in the Authority office or
donation to charity.
Policy Unit
o

Determine the appropriate course of action for managing the gifts and benefits offered
to staff,
Promote best conduct and regularly remind staff of their responsibilities in relation to
gifts and benefits.
Review policy and procedures and maintain Gifts & Benefits Declaration template.
All Staff
o
o
register the offer, receipt, refusal, return or disposal of gifts and benefits other than
token gifts/benefits as defined in this policy,
take all reasonable steps to ensure family members do not receive gifts and benefits
intended to influence their decision making as a public official and to register any
such offers.
Definitions
Benefit:
similar to a gift in that it is of value to the recipient, but less tangible.
For example meals, seats at sporting events, access to corporate
boxes at sporting venues, upgrades on flights, new job or promotion,
preferential treatment, or access to confidential information.
Bribe:
a gift or benefit offered to or solicited by a public official to influence
that person to act in a particular way and to induce the public official to
act in a way that is contrary to the known rules of honesty and integrity.
Bribery:
includes offences committed under section 249B and associated
sections of the Crimes Act 1900, involving acts of offering or soliciting a
corrupt commission or reward to or by a public official to influence that
person in a particular way.
Ceremonial Gift:
an official gift from one organisation to another organisation. Such gifts
are often provided to a host agency when conducting official business
with delegates from another organisation. Although these gifts may
sometimes be offered to express gratitude, the gratitude usually
extends to the work of several people in the agency and therefore the
gift is considered to be for the organisation, not a particular individual.
Corruption:
the abuse of public office, that is, ‘public trust’ for private or personal
advantage.
Cumulative Gifts:
also referred to as serial gift giving, it is a series of gifts or benefits
given to staff by an organisation over a 12 month period.
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Gift:
an item of value for example - a gift voucher, entertainment, hospitality,
travel, commodity, property etc which one person or organisation
presents to another. Gifts may be offered as an expression of gratitude
with no obligation to repay in kind, or given to create a feeling of
obligation. In the business context, gifts can have different meanings
and purposes. The purpose of the gift, to a certain extent, affects how it
should be managed.
Gift of Gratitude:
a gift that is offered to an individual or an agency in appreciation of
performing specific tasks or for exemplary performance of duties. Gifts
to staff who speak at official functions would be considered gifts of
gratitude.
Gift of Influence:
a gift that is intended to generally ingratiate the giver with the recipient
for favourable treatment in the future.
Gifts and Benefits
Register:
an official agency record that details gifts and benefits received by staff
and how they were managed.
Nominal Value:
the monetary limit of acceptable gifts. By accepting the gift, there would
be no obligation, perception or expectation for reciprocation or
providing preferential treatment. For the Authority this is not a definitive
amount, all items received should be declared with the exception of
token gifts as defined.
Official duties:
The work done by a public official as defined by relevant or governing
legislation (and regulations), the official’s position description or lawful
directions given by a supervisor.
Public Official:
an individual who carries out public official functions or acts in the
capacity of a public official. Temporary employees and in some
circumstances private contractors and consultants are also considered
public officials when performing the role of a public official.
Token Gift:
a gift that is offered in business situations to an agency or public official
representing an agency. Such gifts are in the nature of small office or
business accessories that contain the company logo. These items are
not given as a personal gift for use outside the business context and a
reasonable person would not perceive a token gift as items designed to
influence or win favours. A token gift has no significant or lasting value
and could include a pen, cap, stationery, coffee mug, stress ball,
mouse pad, memory stick or a showbag given to all participants at
seminars, conferences, trade and/or agricultural shows and business
events.
Procedures

Reporting Gifts and Benefits
Related Legislation



Crimes Act 1900
Public Sector Employment and Management Act 2002
Independent Commission Against Corruption Act 1998
Related Policies




Code of Conduct
Conflict of Interest
Public Interest Disclosures
Authority Board - Corporate Governance Handbook
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Related Delegations
Approve exemptions to this policy
Director
Determine the appropriate course of
action for managing the gifts and
benefits offered to staff
Director
Related Documents





Managing Gifts and Benefits in the Public Sector Toolkit - ICAC
Know your risks – gifts and benefits - ICAC
Bribery, Corrupt Commissions and Rewards Brochure - ICAC
Department of Premier & Cabinet – Circular C2002:29 - Frequent Flyer Points
Public Service Commissioner Direction 1 of 2014: Managing Gifts and Benefits: Minimum
Standards
Revision History
VERSION
DATE
1.0
1.1
21/05/2013
3/11/2015
BY WHOM
POLICY OFFICER
POLICY OFFICER
DATE OF NEXT REVIEW
31/05/2017
Authorised by
Manager Policy
NSW Rural Assistance Authority
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