As the year draws to a close, suppliers may wish to celebrate with you and your Victorian Public Sector (VPS) colleagues. Every festive season, it’s important to remain mindful of the rules governing gifts, benefits, and hospitality (GBH). CourtHeath Consulting’s latest blog explores the dos and don’ts of gifts and hospitality, equipping you with the knowledge to navigate holiday celebrations confidently and compliantly.

If you are involved in procurement, regulation or licensing, there may be some additional restrictions on accepting Christmas cheer, perhaps even a complete prohibition. It’s best to seek advice from a manager or integrity advisor if you are not sure what to do.

As public officials, it’s advisable to pay your own way in any social situations to avoid any perception of bias or impropriety. Additionally, while enjoying the ‘Christmas spirit’, remember that compliance with the VPS Code of Conduct is essential. This includes adhering to confidentiality provisions at all times to avoid any unintended ‘loose lips’.

Minimum Accountabilities in the VPSC Gifts, Benefits and Hospitality Policy Guide are:

1. Do not, for yourself or others, seek or solicit gifts, benefits and hospitality.

2. Refuse all offers of gifts, benefits and hospitality that:

• are money, items used in a similar way to money, or items easily converted to money;
• give rise to an actual, potential or perceived conflict of interest (COI);
• may adversely affect your standing as a public official or which may bring your public sector employer or the public sector into disrepute; or
• are non-token offers without a legitimate business benefit.

3. Declare all non-token offers (valued at $50 or more) of gifts, benefits and hospitality (whether accepted or declined) on your organisation’s register, and seek written approval from your manager or organisational delegate to accept any non-token offer.

4. Refuse bribes or inducements and report inducements and bribery attempts to the head of the public sector organisation or their delegate (who should report any criminal or corrupt conduct to Victoria Police or the Independent Broad-based Anticorruption Commission (IBAC)).

The VPSC offers a Gifts, Benefits and Hospitality Resource Suite on its website. This includes a policy guide and minimum accountabilities, a model policy and gift register, and a helpful one page ‘ready reckoner’ – the GIFT and HOST tests – for public officials thinking about giving and receiving gifts.

Minimum Accountabilities for public officials providing GBH:

1. Ensure that any gift, benefit and hospitality is provided for a business purpose in that it furthers the conduct of official business or other legitimate organisational goals, or promotes and supports government policy objectives and priorities.
2. Ensure that any costs are proportionate to the benefits obtained for the State and would be considered reasonable in terms of community expectations.
3. Ensure that when hospitality is provided, individuals demonstrate professionalism in their conduct, and uphold their obligation to extend a duty of care to other participants.

Proper handling of gifts, benefits, and hospitality (and associated offers) is fundamental to fostering and maintaining public trust. As we navigate the complexities of these regulations, let’s also embrace the camaraderie and goodwill that define the holiday season. By adhering to the principles in the VPSC Gifts, Benefits, and Hospitality Policy Guide, we contribute to a positive and harmonious workplace environment!

CourtHeath will be closed from 20 December 2024 and will re-open on 6 January 2025. While our offices are officially closed, we are available for urgent matters. Please text your advisor and send an email during this time.

Best wishes for a joyful and safe holiday season.

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A participant in the UN Global Compact, CourtHeath seeks to raise awareness about the sustainable development goals and the principles of the Global Compact with business and government organisations in Victoria.

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IMAGE: CourtHeath Consulting