2017-02-07 Services & Organisation Committee Agenda

Page 35 of 141

COUNCIL POLICY - GIFTS AND BENEFITS

Recording of gifts received below the value thresholds and gifts not accepted
Whilst not required under this Policy, a Councillor or employee may record the acceptance of a gift
or benefit estimated below the aforementioned value recording thresholds on Council’s Gifts and
Benefits Register should they wish to do so, or if instructed by the CEO or relevant
Director/Manager.
Offers of gifts or benefits that are not accepted may also be entered on the register for
transparency and recording keeping purposes.
DEFINITIONS
Conflict of Interest occurs when a Councillor or employee’s private interests interfere, or appear
to interfere, with the duty to act impartially and in the public interest.
Actual conflict of interest involves a direct conflict between a Councillor or employee current
duties and responsibilities and their existing private interests.
Perceived (or apparent) conflict of interests occurs where it could be perceived by others that a
public official’s private interests could improperly influence the performance of their public duties —
whether or not this is in fact the case.

Donor refers to the person or organisation making the offer of a gift/benefit to Council, a Councillor
or Council Employee.
Gifts and benefits refer to items given and received in the course of official duties and include
tangible (of lasting value) and intangible (of no lasting value) items.   The Local Government
Regulation 2012 defines a gift as:
(a) The transfer of money, other property or other benefit —
   (i)     Without consideration; or
   (ii)    For a consideration substantially less than full consideration; or
(b) A loan of money or other property made on a permanent or indefinite basis.
Examples of a gift include — a gift voucher, entertainment, hospitality (such as meals), travel,
goods, event tickets, lucky door prizes at events paid for by Council, and prizes/awards received in
connection with Council duties.

Examples of a benefit include — a non tangible item of value such as new job of promotion,
preferential treatment or access to confidential information.
Nominal value for the purpose of this policy is considered to be anything up to $100.
Public perception means the perception of a fair-minded person in possession of the relevant
facts.

Recipient means the Councillor or Employee who has been offered the gift/benefit.
Value refers to the estimated reasonable retail value of a gift/benefit.

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