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Gifts, benefits and hospitality policy

Summary

The purpose of this policy is to provide clear direction to all Gallery employees concerning the appropriate response as public officials to any offer of gifts, benefits and/or hospitality. Gifts, benefits and hospitality are defined as any item, service, prize, event invitation or travel provided by a customer, client, applicant, supplier, potential supplier or external organisation which has an intrinsic value and/or a value to the recipient, a member of their family, relation, friend or business associate.

Compliance with this policy is mandatory.

Authority

This policy is established by the Director and approved by the Gallery. The policy is consistent with the NSW Public Service Commissioner Direction No 1 of 2014 – Managing Gifts and Benefits.

Objective

The objective of this policy is to minimise the risk that unethical or corrupt behaviour will occur through the acceptance of gifts, benefits and/or hospitality by Gallery employees and to protect the public perception of the integrity and independence of the Gallery and its staff.

Application

This policy applies to all Gallery employees.

Definitions

Gallery means the Art Gallery of New South Wales Trust, a statutory corporation established in accordance with the NSW Art Gallery Act 1981.

Gallery Department means a business unit of employees at the Art Gallery of NSW.

Gallery employee means a person employed by the Gallery under the Government Sector Employment Act in either an ongoing, temporary or casual basis.

Gallery Manager means a Gallery employee who undertakes a management role within the Gallery.

Gift, Benefit and Hospitality Declaration Form is a form that Gallery employees must complete and submit to Gallery Managers as required in accordance with this policy. It is available on the Gallery’s intranet or from the Gallery’s Administration Department.

Gifts and benefits means any item, service, prize or travel provided by a customer, client, applicant, supplier, potential supplier or external organisation which has an intrinsic value and/or a value to the recipient, a member of their family, relation, friend or business associate.

Gifts Register is a list of gifts, benefits and hospitality offered to Gallery employees, which is completed by the Gallery’s administration department each time an Executive Director forwards a completed Gift, Benefit and Hospitality Declaration Form to the department.

Executive Director refers to one of the Gallery’s Executive Team Members.

Hospitality means invitations to the employee and/or the employee’s family, friends and business associates to functions, launches, openings, restaurants, corporate boxes or marquees, private homes, travel, sporting, entertainment or cultural events provided by a customer, client, applicant, supplier, potential supplier or external organisation which has an intrinsic value and/or a value to the recipient, a member of their family, relation, friend or business associate.

Monetary/financial gifts or financial benefits includes cash, cheques, money orders or gift vouchers or other monetary benefits.

Unacceptable gifts, benefits and hospitality includes:

  • Monetary/financial gifts or financial benefits (as defined in this policy).

  • Gifts, benefits or hospitality where a Gallery employee currently has or may have in the future, an ability to exercise discretion affecting the giver.

  • Gifts, benefits or hospitality where there could be a perception that it has been offered as an inducement to act a certain way.

Policy

All Gallery employees are required to be diligent regarding the acceptance of gifts, benefits and/or hospitality particularly if the gift, benefit or hospitality is (or would be perceived to be) intended or likely to cause employees to do their job in a particular way or deviate from the proper course of duty. Employees should also be alert to any attempt to influence Gallery employees as public officials through the offer of gifts, benefits and/or hospitality to other individuals connected to Gallery employees (for example, by way of family relationships or involvements).

Gallery employees must notify their manager of any offers of gifts, benefits or hospitality that they are considering accepting (or where appropriate, have accepted), regardless of the monetary value.

Care must be taken about the frequency of gifts. If more than one gift is offered by the same person or organisation to the same employee or Gallery Department which when aggregated in any rolling 12 month period exceeds $25, then each of the aggregated gifts in the 12 month period must be declared.

This policy has been developed to assist Gallery employees to understand their obligations and Gallery rules relating to offers of gifts, benefits and hospitality.

As a Gallery employee, you are required to:

  • Read, understand and comply with this policy.

  • Politely decline a gift, benefit or hospitality which cannot be accepted in accordance with this policy.

  • Seek management approval to accept a gift, benefit or hospitality which is permitted to be accepted under this policy.

  • Promptly complete the Gift, Benefit and Hospitality Declaration Form and forward it to your manager.

As a Gallery employee you must not:

  • Solicit a gift, benefit or hospitality.

  • Accept an unacceptable gift, benefit or hospitality.

  • Accept a gift, benefit or hospitality where it is to be provided to a family member, relation, friend or business associate.

  • Accept a gift, benefit or hospitality if you are unsure whether you should.

Approval of all registerable gifts or benefits declared to a manager must be considered in light of this policy, the Gallery’s Code of Ethics and Conduct and the Gallery’s values.

Managers must:

  • Send their primary approval to an Executive Director for secondary approval and recording of the gift, benefit or hospitality in the Gifts Register.

  • Notify an Executive Director of any gifts, benefits or hospitality being offered to staff about which they have concerns as to why it is being offered.

When gifts, benefits or hospitality may be accepted (and may require declaration or written approval prior to acceptance)

The value of the gift, benefit or hospitality and the frequency offered, is the major determinant as to whether a gift can be accepted. Other than ‘unacceptable gifts, benefits and hospitality’ (as defined in this policy), if a Gallery employee is offered gifts, benefits or hospitality valued:

  • At $25 or less, the Gallery employee may accept the gift, benefit or hospitality without first seeking approval from their Gallery Manager. However, the Gallery employee is required to advise their manager that they have accepted the gift, benefit or hospitality, who it was received from, and the value of the gift, benefit or hospitality within 10 days of accepting it. This is for the purposes of tracking aggregated offers from the same person or organisation to a Gallery Department. Such gifts may include, without limitation, a box of chocolates, bottle of wine, light refreshments or ceremonial gifts.

  • Between $25 and $100, the Gallery employee is required to complete and submit a Gift, Benefit and Hospitality Declaration Form to a Gallery Manager. The Gallery Manager is then responsible for completing the form and submitting it to the relevant Executive Director. The relevant Executive Director must determine if the gift can be retained by a Gallery employee, the Gallery or donated to Charity. The Executive Director will then advise the employee regarding the decision and forward the completed form to the Administration Department for inclusion in the Gifts Register. Such gifts may include a bouquet of flowers, payment for lunch, bottles of wine, a case of beer or jewellery.

  • At $25 or more when aggregated in a 12 month period where more than one gift, benefit or hospitality is offered by the same person or organisation to the same employee or Gallery Department, the employee must complete and submit a Gift, Benefit and Hospitality Declaration Form so that it can be recorded in the Gifts Register. The aggregated gifts must be declared continuously (i.e. a new Gift, Benefit and Hospitality Declaration Form must be completed for each gift offered by the same person).

  • Gallery employees are also required to complete and submit to the relevant Gallery Manager a Gift, Benefit and Hospitality Declaration Form where they receive an offer for gifts, benefits or hospitality valued over $25, but decline such offers, in order to disclose that the offer was received but declined.

When gifts and benefits cannot be accepted:

  • If the value of the gift, benefit or hospitality is above $100 it must be declined or if not practicable, accepted, however all offers must be recorded in the Gifts Register. If the gift, benefit or hospitality is accepted the relevant Executive Director will determine whether the item is to be retained by the Gallery or donated to charity. The gift, benefit or hospitality is not to be retained by the Gallery employee, unless determined otherwise by the Executive Director (for example, in respect of personal hospitality invitations). Such gifts may include works of art, discounts to purchase art, dinner at an event, use of a holiday house, access to a gym, free or discounted travel.

  • Gallery employees who undertake procurement processes for the Gallery such as purchasing supplies, equipment or engaging contractors and consultants are prohibited from accepting gifts, benefits and hospitality from such providers. If gifts, benefits or hospitality is inadvertently accepted, they are to be recorded in the Gifts Register and either retained by the Gallery or donated to Charity. It is not to be retained by the Gallery employee.

  • If the value of a gift, benefit or hospitality is unknown, and there is a reasonable prospect it could be valued in excess of $25, an estimated value should be determined and the gift, benefit or hospitality treated accordingly.

  • An Executive Director who is offered a gift, benefit or hospitality, must follow the process as described above but must submit the Gift, Benefit and Hospitality Declaration Form to the Director of the Gallery.

  • When the Director of the Gallery is offered a gift, benefit or hospitality, he/she must follow the process as described above but will submit the Gift, Benefit and Hospitality Declaration Form to the President of the Trust.

Hospitality

Many Gallery employees, due to the nature of their work, are expected to develop effective working relationships with contacts in the commercial sector. At the same time, Gallery employees must ensure that such relationships do not result in preferential treatment (or the appearance of preferential treatment) for those commercial contacts.

Careful judgement must be exercised in the acceptance of hospitality to reduce the risk of preferential treatment to commercial contacts. Each invitation to a hospitality event should be carefully considered having regard to the following question:

Would a reasonable person think that the hospitality was intended to influence the recipient to act in the interests of the giver, either now or in the future?

To assist in determining the appropriateness of hospitality invitations, the following are considered as low risk events:

  • Functions where the Gallery employee attends in an official capacity as the Gallery’s representative.

  • Hospitality as part of a conference package where the Gallery has paid a fee for the employee to attend.

  • Catered briefings, roundtables, launches etc where invitees from a range of external organisations are present.

  • Occasional working lunches, where the hospitality is incidental and of low value – eg sandwiches, tea and coffee.

The following events would be considered as higher risk:

  • Restaurant meals (except as described as low risk above).

  • Invitations to corporate boxes or marquees.

  • Invitations to lunches, dinners or other events to “seal the deal” or “celebrate” finalisation of a procurement process or the signing of a contract.

  • Invitations to functions held at private homes.

  • Invitations which extend to family members, relations, friends and business associates.

As a general rule, where there is doubt about whether to accept hospitality, Gallery employees and managers should err on the side of caution and seek prior written authorisation from the relevant approver which will be either the relevant Executive Director, the Director of the Gallery or the President of the Trust. All Gallery employees who attend events that are considered as “high risk” as outlined above, must complete a Gift, Benefit and Hospitality Declaration Form as outlined in this policy.

If hospitability is accepted in good faith, but a third party attempts to use the occasion to raise a materially significant matter relating to their business or private affairs, the Gallery employee should politely decline to discuss the matter and, if appropriate, propose that a formal meeting be organised at a later date.

Invitations to sporting, entertainment and cultural events

From time to time, due to the nature of the Gallery, employees will be invited to cultural, entertainment or sporting events. If the invitation is related to work responsibilities then the invitation can be declared and accepted.

If the invitation is not related to work activities, then prior written authorisation must be sought from the relevant approver which will be either the relevant Executive Director, the Director of the Gallery or the President of the Trust who will decide whether the employee may accept the invitation or if it must be declined. Alternatively, and where appropriate, the invitation may be allocated through a central process – such as free or discounted tickets to cultural events. The accepted way of distribution is through all staff mails and allocation based on first received responses. The process should be documented and recorded on the Gallery’s Gifts Register.

Travel and accommodation

Gallery employees should never seek or solicit an upgrade from a travel or accommodation provider in relation to official travel.

Where a travel or accommodation provider seeks to upgrade an employee for operational reasons, at no charge to the employee or the Gallery, the employee may accept the upgrade.

Competitive scholarships and awards

Gallery employees may be eligible to apply for competitive scholarships and awards in recognition of their achievements or potential in their field of expertise. With the approval of their Manager, Gallery employees can accept scholarships and awards won through an open and competitive process.

Recipients of such awards should record all relevant details of the award, including the details of their Manager’s approval, in the Gallery’s Gifts Register.

High risk activities

While all Gallery employees need to be cautious when offered a gift, benefit or hospitality, Gallery employees involved in any of the following activities must be especially alert:

  • Making, or advising on, purchasing decisions.

  • Advising or approving acquisitions of art works for the Collection.

  • Administering or judging art and other associated competitions.

  • Evaluating tenders, quotes, proposals, or applications.

  • Administering or advising on grants or approvals.

  • Managing contracts.

  • Delivering valuable services to individuals, companies or organisations including the hiring of staff.

Gallery employees who undertake duties listed above must decline and register all offers of gifts, benefits and hospitality on the Gifts Register.

Conflict of interests

Where a conflict of interests exists (that is where there is an actual, potential or reasonably perceived conflict between an employee’s private interests and their impartial performance of their official duties) the offer of a gift, benefit or hospitality should always be declined and registered.

How are gifts registered?

When a Gallery employee is offered a gift, benefit or hospitality valued in excess of $25, the employee must complete a Gift, Benefit and Hospitality Declaration Form available on the Gallery Intranet or from the Administration Department.

All offers valued in excess of $25 made either directly or indirectly to an employee are to be reported within 10 days via the declaration form to the relevant Executive Director including once aggregated gifts, benefits or hospitality in a 12 month period that exceed $25. Any such aggregated gifts, benefits or hospitality must be declared continuously (that is a new declaration form must be completed within 10 days for each further gift, benefit or hospitality received from the same person or organisation, even if the Gallery employee had already completed a declaration form when the aggregated gifts first exceeded $25). The Executive Director is responsible for forwarding the finalised declaration forms to the administration department for filing on the Gallery’s official Gifts Register.

Breaches of this Policy

A breach of this policy may be considered as an act of misconduct as outlined in the Gallery’s Code of Ethics and Conduct, which may warrant disciplinary action, up to and including dismissal. For further information about breaches of conduct please refer to the Gallery’s Code of Ethics and Conduct.

Further information:

If employees have any questions regarding this policy please contact the Gallery’s Head of Administration on Ext 655 or your relevant Executive Director.

This policy may be revised from time to time and/or as NSW government policies and procedures regarding Gifts and Benefits are updated.