Gifts and Benefits - | Health



ACT HealthProcedureGifts and BenefitsContents TOC \h \z \t "Heading 1,1,Heading 2,2" Contents PAGEREF _Toc526762984 \h 1Purpose PAGEREF _Toc526762985 \h 2Alerts PAGEREF _Toc526762986 \h 2Scope PAGEREF _Toc526762987 \h 2Roles and Responsibilities PAGEREF _Toc526762988 \h 3Procedure PAGEREF _Toc526762989 \h 4Overview PAGEREF _Toc526762990 \h 4When offered a gift or benefit PAGEREF _Toc526762991 \h 5Declaration of a gift or benefit PAGEREF _Toc526762992 \h 5Decision on the gift or benefit PAGEREF _Toc526762993 \h 6Gifts Register PAGEREF _Toc526762994 \h 7Implementation PAGEREF _Toc526762995 \h 7Evaluation PAGEREF _Toc526762996 \h 7Related Policies, Procedures, Guidelines and Legislation PAGEREF _Toc526762997 \h 8References PAGEREF _Toc526762998 \h 9Definition of Terms PAGEREF _Toc526762999 \h 9Search Terms PAGEREF _Toc526763000 \h 10Attachments PAGEREF _Toc526763001 \h 10Attachment 1 – Declaration of Gift and/or Benefit Form PAGEREF _Toc526763002 \h 11PurposeThis document sets out the procedures to be followed by ACT Health staff if offered a gift or benefit that is outside their normal employment conditions, in order to ensure that no perceived, potential or actual conflict of interest arises, in terms of accepting or rejecting the offer, reporting and approval.It should be read together with the ACT Government’s Gifts, Benefits and Hospitality policy. This procedure is consistent with the provisions of the ACT Government policy, while including a number of variations to the detail that allow for ACT Health’s particular operating environment and organisational structure.Back to Table of ContentsAlertsACT Health employees, students, contractors and volunteers should always seek to avoid accepting gifts or benefits. Token gifts (those with an apparent value of $75 or less) from, for example, the family of a patient, or following a lecture or presentation, may be accepted, if offered as a gesture of appreciation, and not given in order to secure a favour.ACT Health employees, students, contractors and volunteers must never:Solicit a gift or benefit;Accept a gift or hospitality of an apparent value greater than $75, unless refusal to accept it would cause severe embarrassment or affront; Accept offers of cash, gift cards lottery tickets or the like; andAccept a gift or hospitality, of any value, offered as an inducement to act in a particular way, or where the reason for the offer is unclear or gives rise to concern.Any gift or benefit offered, whether or not it has been accepted, must be declared (on the Gift Declaration form) when:The apparent value is greater than $75;It has been offered as an inducement, or where the reason for the offer is unclear, no matter what the value; andThe cumulative apparent value of a series of gifts is greater than $75.Back to Table of ContentsScopeThis procedure applies to all ACT Health employees, students, contractors and volunteers who work in or provide a service to ACT Health. It also extends to members of their family.In relation to Visiting Medical Officers and other contract staff, this procedure applies whenever they are receiving payment for work done within ACT Health, or where they are acting in an official capacity on behalf of ACT Health.The procedure refers to all gifts and benefits that patients, clients, customers, businesses or contractors may offer, no matter what the value. This may include, for example:Prizes, including lucky door prizes;Promotional materials, including clothing, books, CDs;Bottles of wine, manufacturers’ samples or personal items;Benefits under loyalty schemes;Discounts on commercial items;Tickets to entertainment such as sporting or theatre events;Invitations to participate in golf days;Equipment or facilities, including laptops, cameras;Free or discounted places on training and development courses;Fees to individuals for presentations, training or facilitation;Offers of cash or shares;Preferential treatment;Job promotion;Access to confidential information;Accommodation and hire car discounts;Sponsored travel; andInvitations to hosted events and provision of meals or other like hospitality.Generally gifts of low value from colleagues to celebrate a special occasion such as a birthday, baby shower, Christmas or retirement are not covered by this procedure. However thought should still be given to the motivation for providing the gift and if there are any apparent conflicts of interest. Fundraising and sponsorship activities within ACT Health are outside the scope of this procedure (see the ACT Health Donations, Fundraising and Seeking External Sponsorship Policy and Procedure). The matter of wills and bequests are covered in the ACT Health Wills Procedure.Back to Table of ContentsRoles and ResponsibilitiesThe Senior Executive with Responsibility for Business Integrity and Risk (SERBIR) is responsible for:Implementing this procedure;Advising managers and employees of the detail of the procedure as it relates to them;Advising managers where they are uncertain about what decision to make on gifts or benefits;Maintaining the ACT Health Gifts Register; andConducting a 6-monthly review of the Gifts Register and following up on any matters of concern.Executive Directors/ delegates are responsible for:Monitoring declarations of gifts and benefits offered to ACT Health, employees, students, volunteers or contractors within their Branch;Determining the action to be taken in each case; andForwarding completed declarations to the SERBIR’s Office for inclusion on the Gifts Register.Managers are responsible for:Informing staff, contractors, students and volunteers of their responsibilities under this procedure; andManaging the completion and submission of gift and benefit declarations by their staff.Employees, contractors, students and volunteers are responsible for:Declaring all offers of gifts or benefits;Refusing inappropriate gifts or benefits;Adhering to the ACT Health Values and the ACTPS Code of Conduct; andReporting any alleged breaches of this procedure to their Manager or Director.The Canberra Hospital Foundation Office Manager is responsible for:Managing all gifts or benefits that have been approved by the Delegate to be sent to their office; andRecording the receipt and placement of gifts or benefits that have been sent to their office.Back to Table of Contents ProcedureOverviewThe complexity of the relationship between ACT Health staff and patients and their families, as well as businesses seeking to provide services to ACT Health, requires particular care to be taken in relation to the offer of gifts or benefits. A gift or benefit offered and accepted, regardless of its value, has the potential to constitute a conflict of interest, and damage the reputation of the employee, ACT Health, and the ACT Government as a whole.ACT Health employees, students, contractors and volunteers should always seek to avoid accepting gifts or benefits. Token gifts (those with an apparent value of $75 or less) from, for example, the family of a patient, or following a lecture or presentation, may be accepted, if offered as a gesture of appreciation, and not given in order to secure a favour.ACT Health employees, students, contractors and volunteers must never:Solicit a gift or benefit;Accept a gift or hospitality of an apparent value greater than $75, unless refusal to accept it would cause severe embarrassment or affront; Accept offers of cash, gift cards lottery tickets or the like; andAccept a gift or hospitality, of any value, offered as an inducement to act in a particular way, or where the reason for the offer is unclear or gives rise to concern.Failure to appropriately notify the receipt or offer of a gift or benefit may lead to misconduct and disciplinary action being taken, including the termination of employment, particularly if it is found that a conflict of interest existed and the employee knowingly concealed the receipt of the gift or benefit.ACT Health employees from regulated health professions are also subject to professional standards regarding professional and personal boundaries, breaches of which may be notified to the Australian Health Practitioner Regulation Agency (AHPRA). When offered a gift or benefitWhen a gift or benefit is offered which has an apparent value greater than $75, or is one which is inappropriate for the other reasons outlined above, the intended recipient should politely decline the offer, explaining that accepting it would breach ACT Health policy. If such a gift is insisted upon, the employee should suggest that a donation be made to the Canberra Hospital Foundation.In circumstances where refusal to accept would cause severe embarrassment or affront, such as where a gift or benefit is offered in a public forum in appreciation for the work, assistance or involvement of the person as an employee of ACT Health, the recipient should make it clear that they are accepting on behalf of ACT Health. If cash, vouchers or gift cards are offered (regardless of the amount) the offer should be refused, with an explanation that it is against ACT Health policy. If the person making the offer persists, they should be directed to the Hospital Foundation. If the recipient is not in a position to refuse receipt of such a gift (e.g. if it is received in the mail) the matter must be declared immediately and every effort made to return it. Declaration of a gift or benefitAny gift or benefit offered, whether or not it has been accepted, must be declared (on the Gift Declaration form) when:The apparent value is greater than $75;It has been offered as an inducement, or where the reason for the offer is unclear, no matter what the value; andThe cumulative apparent value of a series of gifts is greater than $75.The Gift Declaration form is at Attachment 1 and can be downloaded from the ACT Health intranet site. Gift declarations must be completed within 14 days of the gift or benefit being given or offered, and submitted to the delegate (the Executive Director, Branch Head or equivalent executive).If the employee is unsure of the value of a gift they should discuss the matter with their manager. As an overriding rule, they should err on the side of caution and declare the gift.Decision on the gift or benefitThe delegate must, within 7 days, determine the course of action, which may include:Returning the item to the giver;Allowing the recipient to retain the gift;Retaining the gift within ACT Health for display or use;Donating the gift to charity;Passing the gift to the Canberra Hospital Foundation to be utilised for the benefit of ACT Health;Donating the gift to a gallery or museum; and Reporting the matter to the Senior Executive with Responsibility for Business Integrity and Risk (SERBIR) for further investigation.Any gift or benefit of cultural significance becomes the property of the Territory.If the delegate decides that the gift or benefit should be returned to the giver, this should be done with an explanation of the reasons for not accepting it (e.g. contrary to ACT Health policy). A decision by the delegate that a gift not be returned should only be made where a reasonable person would be unlikely to see this as creating a conflict of interest or influence the performance of duties or functions. In exceptional circumstances the delegate may decide to allow the recipient to retain a gift with an apparent value greater than the $75 threshold.When entering their decision on the Gift Declaration form the delegate must include the reasons for the decision, and include any special criteria in dealing with the gift. This is particularly important where the decision may be unusual or contentious, for example when allowing a recipient to keep a gift valued at more than the $75 threshold, or when specifying that an item must be displayed in a particular location.Where the delegate is unsure of the correct action to take, they should discuss the matter with the SERBIR.The delegate’s decision should be included on the Declaration Form and forwarded to the SERBIR for inclusion on the ACT Health Gifts Register.The delegate will keep a copy of the Gift Declaration on file, forward a copy to the staff member, and ensure their decision is carried out.Gifts RegisterThe SERBIR will record all Gift Declaration forms on the ACT Health Gifts Register.The SERBIR will review the Gifts Register at least every 6 months and investigate any decisions that appear contrary to the ACT Government policy and these procedures. Back to Table of Contents Implementation Orientation programs should include information on the procedures that apply to the receipt of gifts or rmation will be sent to all delegates and to staff notifying them of this procedure and the associated ACTPS policy, and encouraging them to familiarise themselves with their responsibilities.Back to Table of ContentsEvaluationOutcome MeasuresAll offers of gifts and benefits to staff, contractors, students and volunteers are declared to management and decisions made on the appropriate course of action; andAll offers of gifts and benefits are recorded on the gift register.MethodThe SERBIR conducts a 6-monthly review of the Gifts Register and follows up on any matters of concern.Back to Table of ContentsRelated Policies, Procedures, Guidelines and LegislationPoliciesACTPS Gifts, Benefits and HospitalityConflict of InterestMisconduct and DisciplineVolunteer PolicyFraud and Corruption ControlRisk ManagementDonations, Fundraising and Seeking External SponsorshipACTPS Integrity PolicyProceduresGifts and BenefitsConflict of InterestDonations, Fundraising and Seeking External SponsorshipGuidelinesProcurement GuidelinesFraud and Corruption Control PlanRisk Management GuidelinesFrameworksACT Health Delegations ManualRisk Management FrameworkStandardsPublic Sector Management Standards 2016ACT Health ValuesACTPS Code of ConductACT Health Standards of Practice for ACT Health Allied Health ProfessionalsRelevant profession specific registration standards as prescribed by the Health Practitioner Regulation National Law (ACT) Act 2010Relevant Codes of Conduct as specified by individual professional association bodies (e.g. AMA Code of Ethics and Position Statement – Doctors’ Relationships with Industry).LegislationPublic Sector Management Act 1994Health Practitioner Regulation National Law (ACT) Act 2010Human Rights Act 2004All ACTPS Enterprise AgreementsBack to Table of ContentsReferencesNSW Department of Health, Policy Directive, Conflicts of Interest and Gifts and BenefitsBack to Table of ContentsDefinition of TermsGift or benefitAnything of value that is offered to an employee that is over and above normal salary or employment entitlements:Token gift is an inexpensive gift of gratitude such as a bunch of flowers or box of chocolates, of nominal value;Non-token gift has a greater than nominal value or is a gift that can be seen to be given as an inducement; andBenefit is a service or non-tangible item that is of value to the receiver, such as access to a private box at a sporting event, a new job or promotion, preferential treatment, or access to confidential information.BribeA gift or benefit offered to or solicited by a staff member to influence that person to act in a particular way.Conflict of interestConflict of interest arises where a public officer is placed in a position where their duty to act independently, ethically and without prejudice may be compromised by self-interest or a relationship with a third party. Conflict of interest may be:Perceived when it appears to a reasonable person that a staff member’s private interest could improperly influence the performance of their duties irrespective of whether this is in fact the case;Potential when a staff member has private interests that are of such a nature that a conflict of interest would arise if the staff member were to become involved in official responsibilities in the future related to those interests; andActual when the improper influence is occurring or has occurred in the past.Gift registerAn official record of gifts, benefits and hospitality received by, or offered to, a staff member, including a record of the action taken.Corruption/ corrupt conductAn activity in which a person abuses their position of trust in order to achieve some personal gain or advantage.InducementPersuasion by enticement or urging to commit a crime, make a particular decision or pursue a particular course of action. SERBIRAn executive nominated by the Director-General responsible for the implementation of the integrity strategies and the processes for the detection and investigation of fraud and corruption. ACT Health’s SERBIR is the Executive Director, People and Culture.Back to Table of ContentsSearch Terms Gift, benefit, hospitality, conflict, interest, bribe, corrupt, corruption, token, donation, register, declaration.Back to Table of ContentsAttachmentsAttachment 1: Declaration of Gift and/or Benefit formDisclaimer: This document has been developed by ACT Health specifically for its own use. Use of this document and any reliance on the information contained therein by any third party is at his or her own risk and Health Directorate assumes no responsibility whatsoever.Policy Team ONLY to complete the following:Date AmendedSection AmendedDivisional ApprovalFinal Approval This document supersedes the following: Document NumberDocument NameAttachment 1centercenterSample00Sample – Declaration of Gift and/or Benefit Form ................
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