❓ A WA parliamentary question seeks information on gift and benefit registers maintained by agencies within the Attorney General and Minister for Commerce portfolios. The responses reveal varying practices across different agencies regarding the recording of offered but unaccepted gifts.
AnsweredQoN 1493Legislative Assembly
QuestionView source ↗
In relation to all agencies, departments and trading enterprises within the Minister’s portfolio of responsibilities, could the Minister advise: (a) do any of these agencies, departments or trading enterprises maintain a register of gifts or benefits offered to employees but not accepted; (b) if yes to (a), which specific agencies, departments or trading enterprises maintain such a registry; (c) if yes to (a), how long has the register been maintained; (d) if yes to (a), what is the dollar amount at which employees must register an offered gift or benefit; and (e) if yes to (a), through what means or mechanism do employees register a gift or benefit offered to them but not accepted?
AnswerView source ↗
Answered
3 December 2013
Responded by
Minister representing the Attorney General; Minister for Commerce
Response time
33 days
I am advised by the agencies listed below as follows:
Corruption and Crime Commission
(a) Yes.
(b) Corruption and Crime Commission.
(c) Since 2006.
(d) The monetary value of the gift or benefit is not a determinative factor in making a declaration.
(e) The Corruption and Crime Commission has a policy and supporting procedure entitled
Managing Personal Interests
which provides guidance to employees in registering a gift or benefit offered to them but not accepted.
Commissioner for Children and Young People
(a) No.
(b) Commissioner for Children and Young People.
(c) The Commissioner for Children and Young People has maintained a Register of Gifts Benefit and Rewards since 15 May 2009.
(d) The Commissioner for Children and Young People policy on 'Gifts Benefit and Rewards' precludes staff from accepting any gift other than one off gifts where the gift has a 'token value'. The CCYP policy defines 'token value' as being 'A$25 or less'.
(e) The Commissioner for Children and Young People does not maintain a separate 'register of gifts or benefits offered to employees but not accepted'.
Department of Commerce
(a) Yes
(b) The Department of Commerce.
(c) The Department of Commerce's register was established in 2003.
(d)-(e) Gifts or benefits offered to employees, regardless of whether they are accepted or declined, are declared on the Department of Commerce's received gifts, benefits and hospitality registration form. This information is then recorded in the department's register.
Department of the Attorney General
(a) Yes
(b) Department of the Attorney General
(c) Since March 2008
(d) $25
(e) Completion of a Receipt of an Offer of a Gift or Benefit Form.
Office of the Director of Public Prosecutions
Due to the nature of the work of the Office of the Director of Public Prosecutions (ODPP) the receipt or offer of gifts is a rare occurrence.
(a)-(b) The ODPP maintains an administrative file to record instances where a staff member has received a gift and seeks the approval of a nominated senior officer (currently the Director Corporate Services) to retain that gift. The file also records information on instances where an ODPP employee has received an offer of a gift, seeks corporate advice as to whether the gift may be accepted and where that advice is to decline the offer. Instances where an ODPP employee receives an offer of a gift but directly declines the offer without seeking corporate advice, would not generally be recorded on the file.
(c) The file was created in 2006.
(d) There is no defined monetary value. The ODPP only permits the retention of gifts of a token value.
(e) See answer to (a)-(b) above.
Equal Opportunity Commission
(a)-(e) No. Matters concerning gifts and benefits are governed by the Equal Opportunity Commission's Code of Conduct. However the Equal Opportunity Commission is reviewing a number of internal policies and this includes whether a specific gifts and benefits policy and, therefore, register should be established.
Office of the Information Commissioner
(a) Yes.
(b) Office of the Information Commissioner.
(c) Since 2011.
(d) All gifts and benefits, and offers of gifts and benefits, are registered - there is no minimum value.
(e) Staff at the Office of the Information Commissioner fill out a form whenever they are offered a gift or benefit, regardless of whether it is accepted or not. The decision whether to accept or decline is also included in the form. In addition, the decision must be authorised by two senior officers independent of the officer to whom the gift or benefit is offered.
Legal Aid Western Australia
(a) Yes.
(b) Legal Aid Western Australia.
(c) Since 2006.
(d) There is no dollar limit set, however staff are not required to report token/ promotional gifts.
(e) Email to Division Director and to Human Resources.
Law Reform Commission of Western Australia
(a)-(e) No. Matters concerning gifts and benefits are governed by the Law Reform Commission of Western Australia's Code of Conduct.
Western Australian Industrial Relations Commission
(a) Yes.
(b) The Department of the Registrar, WA Industrial Relations Commission maintains a register of gifts or benefits offered to employees but not accepted.
(c) Since 2008
(d) $10.00
(e) Employees record offers of a gift or benefit into an electronic database maintained by the Department. This database provides for the recording of whether the gift was accepted, or declined.
WorkCover
(a) Yes
(b) WorkCover WA
(c) Since 2009
(d) All gifts irrespective of value are registered.
(e) All gifts are registered on the Record of Gift Decisions Register through completion of a form.
Corruption and Crime Commission
(a) Yes.
(b) Corruption and Crime Commission.
(c) Since 2006.
(d) The monetary value of the gift or benefit is not a determinative factor in making a declaration.
(e) The Corruption and Crime Commission has a policy and supporting procedure entitled
Managing Personal Interests
which provides guidance to employees in registering a gift or benefit offered to them but not accepted.
Commissioner for Children and Young People
(a) No.
(b) Commissioner for Children and Young People.
(c) The Commissioner for Children and Young People has maintained a Register of Gifts Benefit and Rewards since 15 May 2009.
(d) The Commissioner for Children and Young People policy on 'Gifts Benefit and Rewards' precludes staff from accepting any gift other than one off gifts where the gift has a 'token value'. The CCYP policy defines 'token value' as being 'A$25 or less'.
(e) The Commissioner for Children and Young People does not maintain a separate 'register of gifts or benefits offered to employees but not accepted'.
Department of Commerce
(a) Yes
(b) The Department of Commerce.
(c) The Department of Commerce's register was established in 2003.
(d)-(e) Gifts or benefits offered to employees, regardless of whether they are accepted or declined, are declared on the Department of Commerce's received gifts, benefits and hospitality registration form. This information is then recorded in the department's register.
Department of the Attorney General
(a) Yes
(b) Department of the Attorney General
(c) Since March 2008
(d) $25
(e) Completion of a Receipt of an Offer of a Gift or Benefit Form.
Office of the Director of Public Prosecutions
Due to the nature of the work of the Office of the Director of Public Prosecutions (ODPP) the receipt or offer of gifts is a rare occurrence.
(a)-(b) The ODPP maintains an administrative file to record instances where a staff member has received a gift and seeks the approval of a nominated senior officer (currently the Director Corporate Services) to retain that gift. The file also records information on instances where an ODPP employee has received an offer of a gift, seeks corporate advice as to whether the gift may be accepted and where that advice is to decline the offer. Instances where an ODPP employee receives an offer of a gift but directly declines the offer without seeking corporate advice, would not generally be recorded on the file.
(c) The file was created in 2006.
(d) There is no defined monetary value. The ODPP only permits the retention of gifts of a token value.
(e) See answer to (a)-(b) above.
Equal Opportunity Commission
(a)-(e) No. Matters concerning gifts and benefits are governed by the Equal Opportunity Commission's Code of Conduct. However the Equal Opportunity Commission is reviewing a number of internal policies and this includes whether a specific gifts and benefits policy and, therefore, register should be established.
Office of the Information Commissioner
(a) Yes.
(b) Office of the Information Commissioner.
(c) Since 2011.
(d) All gifts and benefits, and offers of gifts and benefits, are registered - there is no minimum value.
(e) Staff at the Office of the Information Commissioner fill out a form whenever they are offered a gift or benefit, regardless of whether it is accepted or not. The decision whether to accept or decline is also included in the form. In addition, the decision must be authorised by two senior officers independent of the officer to whom the gift or benefit is offered.
Legal Aid Western Australia
(a) Yes.
(b) Legal Aid Western Australia.
(c) Since 2006.
(d) There is no dollar limit set, however staff are not required to report token/ promotional gifts.
(e) Email to Division Director and to Human Resources.
Law Reform Commission of Western Australia
(a)-(e) No. Matters concerning gifts and benefits are governed by the Law Reform Commission of Western Australia's Code of Conduct.
Western Australian Industrial Relations Commission
(a) Yes.
(b) The Department of the Registrar, WA Industrial Relations Commission maintains a register of gifts or benefits offered to employees but not accepted.
(c) Since 2008
(d) $10.00
(e) Employees record offers of a gift or benefit into an electronic database maintained by the Department. This database provides for the recording of whether the gift was accepted, or declined.
WorkCover
(a) Yes
(b) WorkCover WA
(c) Since 2009
(d) All gifts irrespective of value are registered.
(e) All gifts are registered on the Record of Gift Decisions Register through completion of a form.
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