(1) The purpose of this Policy is to outline the ethical principles that govern the giving and receiving of a gift or benefit by a QUT staff member and clarify the various roles and responsibilities for approving and administering a gift or benefit. (2) This Policy applies to any gifts or benefits made, received or offered to QUT staff members. (3) For the purposes of this Policy, references to ‘staff member’ include all individuals and members of the University community as defined in Section 12 below. (4) This Policy does not apply to: (5) The following principles apply to giving and receiving gifts at QUT. (6) A gift is an item of value which one person or organisation presents to another. In a business context, gifts can have different meanings and purposes. The purpose of the gift, to a certain extent, affects how it should be managed. (7) A gift or benefit is the transfer of property or other benefit without payment; or for a consideration substantially less than full consideration; or a loan of property made on a permanent, or an indefinite, basis received or given by an official when they are acting in their official capacity. For the purposes of this Policy, gifts and/or benefits include tangible items of lasting value and intangible items of no lasting value (including hospitality). (8) A gift or benefit can include, but is not limited to, the following: (9) Gifts and benefits are managed according to the market value on the day the gift was offered, given or received, based on market research or independent evidence. (10) The following table explains how gifts or benefits given or received must be managed: (11) No pre-approval is required for minor value gifts received or given (under $250) however the ethical principles of this Policy must always be applied. (12) Staff who either receive or give a gift or benefit must keep a record (diary note or other written evidence) for each gift or benefit received to determine if the $250 threshold is reached per single entity for the calendar year or where there are multiple gifts from the same provider that meet the cumulative threshold. (13) Staff must at all times be mindful of their obligation to maintain and enhance public confidence in the integrity of QUT. (14) Staff will not: (15) Staff may accept a gift which is offered in accordance with social or cultural practice, provided that the approval and reporting obligations in this Policy are applied. (16) Gifts or benefits can only be used outside the staff member’s normal working hours or on approved leave, unless the gift or benefit forms part of the staff member’s official duties and appropriate approval is obtained. (17) Gifts received from external parties to staff members with a value over $300 may incur Fringe Benefits Tax (FBT). The QUT Tax team monitors the Gifts Register and determines if FBT is applicable. The FBT expense will be charged to the staff members home cost centre. (18) A staff member will not give a gift or benefit out of University funds, without the prior approval of a Head of School /Department or equivalent, to: (19) Gifts provided to other QUT staff members paid out of University funds with a value over $300 may incur Fringe Benefits Tax (FBT). The QUT Tax team monitors the Gifts Register and determines if FBT is applicable. Any applicable FBT will be charged to the cost centre of the authorising officer. (20) No gifts may be given as bribes or otherwise in breach of Commonwealth or state anti-corruption laws including those that prohibit the bribery of Australian and foreign officials. (21) Staff who receive/give a reportable gift or benefit equal to or greater than $250 must report this via the QUT Disclosure of Interest (DOI) System. (22) For reportable gifts, the recipient is required to provide a reason for accepting the gift and explain the benefit to QUT of accepting the gift. (23) The disclosure must be reported within thirty days of receiving/giving of the gift or benefit. If the gift or benefit was received/given while overseas on University business, the gift or benefit must be reported within fourteen (14) days after the staff member has returned to the University. (24) The Gifts Register will be reviewed each year by the Associate Director, Financial Control to identify any trends or patterns that may cause concern and need corrective or preventative action. (25) If multiple gifts or benefits are from the same provider in any financial year and the cumulative value is equal to or greater than $250, then each gift or benefit is to be recorded in the Gifts Register. (26) A reportable gift received may be retained by staff with a retail value of $250 or more if approval is obtained from the Head of School/Department or equivalent in appropriate circumstances. If approval is not obtained, the reportable gift remains the property of the University. (27) Any gift or benefit which has retail value of less than $250 may remain the property of staff if acceptance is not likely to affect, or would not reasonably be perceived to affect, the independent and impartial performance of the staff member’s official duties. (28) Staff who fail to report or register a reportable gift or benefit received, or who fail to seek approval from their Head of School/Department or equivalent for a gift or benefit of more than the minor value, may be subject to disciplinary action in accordance with the Code of Conduct - Staff. (29) Refer to the Register of Authorities and Delegations (VC217) (QUT staff access only).Staff Gifts and Benefits Policy
Section 1 - Purpose
Section 2 - Application
Top of PageSection 3 - Roles and Responsibilities
Top of Page
Supervisor of senior staff or Supervisor of other persons to whom this Policy applies
Section 4 - Principles
Top of PageSection 5 - Determining what is a Gift or Benefit
Top of PageSection 6 - Minor or Reportable Gifts and Benefits
Section 7 - Accepting Offers of Gifts and Benefits
Section 8 - Gifts and Benefits Given
Section 9 - Gift Register
Section 10 - Retention of a Gift or Benefit Received
Section 11 - Failure to Report or Register a Gift or Benefit
Section 12 - Definitions
Terms
Definitions
Ethical Principles
Means as provided in the Code of Conduct - Staff.
Gifts and Benefits
Are defined in Section 5 above.
Minor Value
Means a minor gift or benefit valued at less than $250.
Reportable Gifts
Means any property, travel, entertainment or hospitality with a value equal to or greater than $250 (or equivalent in any foreign currency); or a series of such gifts received from a single entity or made to a single recipient within a calendar year, where the total value is equal to or greater than $250 (or equivalent in any foreign currency).
Reportable Gift for Fringe Benefits Tax (FBT)
A reportable gift for FBT purposes is any gifts or benefits with a value of $300 or more (or equivalent in any foreign currency); or a series of such similar gifts received from a single provider to a staff member within a calendar year, where the total value is $300 or more (or equivalent in any foreign currency).The value of the gift is the market value on the day the gift was received and may incur a fringe benefit tax liability to QUT and a reportable benefit on the staff member’s annual payment summary.
Staff means:
(as defined in the Code of Conduct - Staff)
Tangible Gift
Is an item having a lasting value.
Top of PageSection 13 - Delegations
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Position
Responsibility
Associate Director, Financial Control
Provides advice to the University on reportable gifts and benefits.
Approves procedures relating to gifts and benefits.
Maintains the QUT Gifts Register.
Head of School/Director of Department/Centre or equivalent
Approves the receiving and giving of all reportable gifts and benefits.
Staff
Must refuse offers of cash or any items which are readily converted into cash.
Must always consider whether a gift or benefit is appropriate to accept and obtain appropriate approval to accept a gift or benefit.
Must keep a record or other evidence for each gift or benefit received.
Must report if multiple gifts or benefits are received from the same provider in any calendar year (1 Jan – 31 Dec) and the cumulative value is equal or more than $250.
Must disclose any gifts or benefits within 30 days of receiving/giving a reportable gift via the QUT Disclosure of Interest (DOI) System (refer to Conflicts of interest and disclosure – QUT staff access only).
Gift or benefit value
Market value
Declare
Approval required
Tangible gift or benefit retained by staff member
Recordkeeping
Minor
Under $250
No
No
Yes
By staff member
Reportable
Equal to or above $250
Yes
Yes
Possibly, refer to retention of a gift or benefit (Section 10)
Report via QUT Disclosure of Interest (DOI) System
without the prior approval of a head of school/department or equivalent.