Executive summary
This report discusses an audit of State Service agencies’ public gifts and benefits registers for compliance with the Gifts, Benefits and Hospitality Policy0F1 (the Policy). The Policy was developed by the Department of Treasury and Finance in consultation with other government departments. It establishes broad principles and procedures for all Tasmanian State Service officers and employees in relation to offering, accepting or refusing a gift, benefit or hospitality. The audit aimed to assess whether the Policy is achieving its objectives and whether recommendations could be made to improve its implementation.
The move to a uniform policy – with limited capacity for variation by individual agencies – has been a valuable initiative and, in many ways, no changes are necessary. Therefore, this report offers both ‘recommendations’ and ‘good practice reminders’.
The good practice reminders reflect the findings that some principles and procedures, while sound, are not being followed by agencies, officers and employees. For example, a central principle of the Policy is that ‘in most situations, “thanks” is enough’. However, some declarations on the gift registers clearly show that this principle has not always been observed.
Good practice reminders
- Each agency should ensure its public gift register is published in compliance with the time frame provided in the Policy.
- Agencies should ensure they clearly communicate the principles and procedures of the Policy to employees. As part of this process, agency-appropriate fact sheets should be developed (similar to those currently provided by the Department of Justice) to guide and educate both employees and approvers.
- If a head of agency approves sponsored travel or professional development, they should explain in writing why the agency cannot cover the cost. This was emphasised in our Operation Kilo Report: ‘If it is not worthwhile for the agency to pay the employee’s way, then it is likely that the offer will not satisfy the public interest test’.2F3
- If a head of agency approves sponsored travel or professional development, they should ensure the employee shares the learning gained, in writing, with relevant colleagues in the agency. Compliance with this condition should be recorded in the register against the entry approving the travel or training.
Recommendation 1
That the Head of the State Service, as owner of the whole-of-government Gifts, Benefits and Hospitality Policy, review and revise the Policy to:
a) clearly distinguish between policies and procedures
b) ensure it is written in plain language
c) resolve the existing conflicts within the Policy, and
d) identify any conflicts with other whole-of-government policies.
For example, the Policy states that employees must never accept an object valued at $100 or more. Despite this express injunction, an employee may accept such offers with the requisite approval. Moreover, by requiring that declarations of items valued at $100 or higher be published, the Policy clearly signals that offers of valuable objects may be approved.
Recommendation 2
That the Head of the State Service insert a requirement in the whole-of-government Gifts, Benefits and Hospitality Policy that a declarant must explain how an offer represents a networking opportunity if the reason for acceptance is ‘networking’ or ‘maintaining stakeholder relationships’. For example, if the offer involves a networking lunch, the declarant must explain who they will network with, how the relationship with the stakeholder will be maintained and how this will benefit the agency.
Recommendation 3
That the Head of the State Service consider approaches for addressing the issue of so-called altruistic donations within the whole-of-government Gifts, Benefits and Hospitality Policy.
Recommendation 4
That the Head of the State Service include an ‘internal gift register template’ (see Appendix 2) in the whole-of-government Gifts, Benefits and Hospitality Policy. As a minimum, the public register must contain the information in the ‘public gift register template’ (see Appendix 3). All agencies must use these register templates.
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