Councillor

Gifts Policy

April 2021

1

Councillor Gifts Policy

1. Policy Statement

Council’s goals for Brimbank are to be an inclusive, liveable and prosperous community and to be an innovative and

responsive Council that puts our ‘Community First’.

The

(Act)

requires Council to adopt a Councillor Gift Policy within regulated timeframes.

This policy is also required to comply with the Public Transparency Principles in the Act, and the Brimbank City Council

Public Transparency Policy.

Councillors agree to uphold the ‘Community First’ principle by complying with the applicable legal and regulatory

requirements (inclusive of the

), the Councillor Code of Conduct 2021

(Code)

and this

Policy. In accordance with the Standards of Conduct in the

, a ‘Councillor must ensure that their behaviour does not bring discredit upon the Council is fit to conscientiously

perform the role of a Councillor when acting in that capacity or purporting to act in that capacity’.

2. Purpose

This policy is based on principles of integrity, good governance, transparency and accountability and seeks to

minimise improper practices and potential conflicts of interest.

The purpose of this policy is to:

• Specify the general obligations for Councillors who are offered Gifts, Benefits, and Hospitality in their role as

Councillors, in order to assist Councillors to demonstrate their fair and impartial conduct, and avoid conflicts of

interest and/or perceptions of conflicts of interest;

• State the requirements and processes to be followed by Councillors when declaring offers of Gifts, Benefits, and

Hospitality;

• State the requirements in relation to the retention and disposal of Gifts by Councillors;

• Specify instances when the giving or receiving of civic Gifts is appropriate;

• Specify instances when the giving or receiving of ceremonial Gifts is appropriate;

• Outline Council’s accountability and reporting framework in relation to the reporting of offers of Gifts, Benefits

and Hospitality, and the maintenance of the Gifts Register;

• Give effect to the

, and the Standards of Conduct

contained in the Regulations; and

• Give effect to the Public Transparency Principles in accordance with section 58 of the

).

• Has a clear link to achieving Council’s key commitments under the current Council Plan.

• Contributes to the development and skills of a Councillor, to perform their duties and

responsibilities.

• Supports the role of a Portfolio Councillor/Representative in developing their

knowledge and advocating for Portfolio issues.

And is:

• Unlikely to create the impression an attempt is being made to compromise the

impartiality of the Councillor in relation to their decision-making (including planning

applications, tenders, policy positions, community fund, budget process etc.)

A Disclosable Gift means one or more Gifts with a total value of, or more than, $500

received from a person in the 5 years preceding the decision on the matter:

(a) if the relevant person held the office of Councillor, was a member of Council staff or

was a member of a delegated committee at the time the Gift was received; or

(b) if the Gift was, or Gifts were, or will be, required to be disclosed as an election

campaign donation— but does not include the value of any Reasonable Hospitality

received by the relevant person at an event or function that the relevant person

attended in an official capacity as a Councillor, member of Council staff or member of a

delegated committee.

A Gift means any disposition of property otherwise than by will made by a person to

another person without consideration in money or money's worth or with inadequate

consideration, including—

(a) the provision of a service (other than volunteer labour); and

(b) the payment of an amount in respect of a guarantee; and

(c) the making of a payment or contribution at a fundraising function.

A Gift received by a Councillor from Brimbank City Council is not covered by this Policy, and

does not need to be declared. For example, a Civic Gift provided by Brimbank City Council to

a Mayor or Councillor at the end of a term does not need to be declared.

continued

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Councillor Gifts Policy

Gift Disclosure Threshold means the Gift Disclosure Threshold as defined in section

3(1) of the

.

*At the time of this review it is $500 or a higher amount or value prescribed

by the Regulations.

Hospitality means any item or service (e.g. food, drink, transportation or

accommodation) provided by a party that is to be consumed at a function (e.g.

networking function, conference, speaking engagement), and includes the provision

of services associated with the function (e.g. travel). Hospitality does not include

items that you or Council have paid for (e.g., tickets to the event, official conference

dinner).

Biannual Personal Interests Return means the personal interests return that a

Councillor submits to the Chief Executive Officer in accordance with section 134

of the

and Regulation 9 of the

on a biannual basis.

Reasonable Hospitality means Hospitality that:

• Is received by a Councillor at an event or function, where the Councillor was

attending the event or function for an official purpose that is related to their

duties as a Councillor and in their official capacity as a Councillor; and

• Is reasonable in the circumstances. That is, the Hospitality is of a standard

and type that an independent observer would consider appropriate and not

excessive, in the circumstances.

Examples of Reasonable Hospitality include:

• a cup of coffee at another organisation’s premises;

• a modest working lunch, such as sandwiches and pastries, at another

organisation’s premises.

The following are examples of hospitality that are not Reasonable

Hospitality, and Councillors are to disclose:

• a ‘fine dining and wines’ working meal at another organisation’s premises;

• an offer to pay for a working meal at a dining establishment;

• an offer of a free spot at an industry golf day;

• Where the Hospitality is provided at event or function, the offer of the ticket to

the event or function; or

• Functions where alcohol is served.

A Token Gift is a gift that is of very low monetary value. The combined total of offers

to a Councillor from that source in the last 12 months must not exceed $50.

Councillor Gifts Policy

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4. General Obligations

General Obligation 1

: Councillors are to comply with Council’s values and behaviours as expressed in the Code. This

includes the prescribed Standards of Conduct as incorporated into the Code from the

.

General Obligation 2

: Councillors are not to accept any offer Gift, Benefit, or Hospitality where the purpose of the

offer is to maintain or return a favour. (See Conflicts of Interest)

General Obligation 3

: A Councillor is only to accept an offer of a Gift, Benefit or Hospitality if the Councillor considers

that acceptance of the offer would provide a Demonstrable Benefit to Council.

General Obligation 4

: Councillors are to declare all offers of Gifts and Benefits, (including those offers that have been

declined, apart from offers of Token Gifts,) in accordance with this Policy (See Definitions and Declaration Processes).

General Obligation 5

: Councillors are to declare all offers of Hospitality (including those offers that have been

declined) except Reasonable Hospitality.

General Obligation 6

: Councillors are to immediately report all offers of bribes, cash or inducements to the Police or

Independent Broad-Based Anti-Corruption Commission.

General Obligation 7

: Councillors are not to accept Anonymous Gifts over the Gifts Disclosure Threshold. (See

Anonymous Gifts)

General Obligation 8

: Councillors are to decline to give or receive Civic and Ceremonial Gifts except in accordance

with this Policy.

5. Requirement and Processes in Respect of Declaration of Offers of Gifts,

Benefits, and Hospitality

5.1. A Councillor who receives an offer of a Gift, Benefit, or Hospitality (excluding Reasonable Hospitality

and an offer of a token gift that the Councillor declined) will complete and submit the Declaration of

Gift / Benefit/ Hospitality Form on the Councillor Portal within one calendar week of receiving the

offer.

5.2. A Councillor is to disclose particulars of any Gift, or cumulative Gifts over five years, of or above the Gift

Disclosure Threshold received, on their Biannual Personal Interests Return, unless the Gift is from a

family member.

5.3. A Councillor who has a material conflict of interest in a matter based on receipt of a Disclosable Gift,

is to comply with the disclosure requirements in the Brimbank Governance Rules 2020

(Governance

Rules)

with respect to that Conflict of Interest.

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Councillor Gifts Policy

6. Civic Gifts

6.1. The giving of civic Gifts by Council will be determined in accordance with this Policy. The giving of a

civic Gift by, or on behalf of, Council, should be made in a consistent and equitable manner in order to

avoid perceptions of improper relationships, and to ensure the proper use of Council resources.

6.2. A Councillor proposing to give a civic Gift will circulate the proposal to all other Councillors.

6.3. The Mayor will decide whether or not the proposed civic Gift should be made in accordance with and

subject to the limits in the Thresholds for Civic Gifts at Clause 6.6 of this Policy.

6.4. Upon request by the Mayor, the Chief Executive Officer will make arrangements for the purchase or

supply of the civic Gift provided that it is in accordance with and subject to the limits in the Threshold

for Civic Gifts at Clause 6.6 of this Policy. No Council Officer can make arrangements for the purchase or

supply of a civic Gift that is outside the Thresholds for Civic Gifts at Clause 6.6 of this Policy.

6.5. A Councillor will not seek to direct or influence Council officers in the giving of civic Gifts.

6.6

Thresholds for Civic Gifts

Mayor – End of Term

Bound Mayoral Album; or Soft cover Mayoral album

and framed print to the value of $150

Deputy Mayor - End of Term

Flowers or potted plant up to the value of $50

Councillor - End of Term

Framed BCC photo with inscription to the value of

approximately $100

Councillor - End of Year

Soft copy album – The Year That Was (produced

in-house)

Civic Hosting - Guests of the Head of Council

or Chief Executive Officer – for example,

overseas delegations

Commemorative Brimbank City Council item (e.g.

commemorative plate) value up to $200 per group

Hosts of Brimbank Councillors or Council

officer delegations (representing Council on

official Council business)

Council marketing items as appropriate and

available(e.g. boxed Brimbank pen or Brimbank pin)

Volunteers who make a significant

contribution to a Council-run event/

initiative

Certificate

Civic Award recipients, for example,

Australia Day Awards, We are Brimbank

Awards

Trophy Up to the value of $80 and flowers up to a

value of approximately $60

Civic condolences/congratulations

Flowers up to the value of $60

Commemorations for key events, for

example, ANZAC Day, Armistice day

One floral wreath per occasion/site to the value

of approximately $250, or such greater value

approved by a Director

New Citizens – citizenship ceremonies

Sapling tree to the value of approximately $1.60

each

Commemorative Brimbank Coin to the value of

approximately $4.60 each

Councillor Gifts Policy

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7. Ceremonial Gifts

7.1. The giving of ceremonial Gifts as an official Gift or token of respect or appreciation is a common

cultural practice of communities and organisations, both within Australia or internationally.

7.2. Council may occasionally receive a ceremonial Gift from an official delegate or representative from

another organisation, for the purpose of acknowledging, establishing, and/or strengthening a

relationship with Council.

7.3. A ceremonial Gift is the property of Council, irrespective of value. The Councillor meeting with the

official delegate or representative is responsible for providing the ceremonial Gift to a member of the

Governance Department, who will arrange for the Gift to be recorded in Council’s Civic Collection and

arrange for it be stored/displayed, as appropriate.

8. Conflicts of Interest

8.1. The Act provides that a Councillor has a material conflict of interest in respect of a matter if an affected

person would gain a benefit or suffer a loss depending on the outcome of the matter.

8.2. An affected person includes a person from whom the Councillor has received a Disclosable Gift.

8.3. Each Councillor will:

a. comply with the conflict of interest provisions in the Act, Code and Governance Rules, including,

without limitation, the provisions with respect to material conflicts of interest arising out of the

receipt of a Disclosable Gift; and

b. review the requirements of the Act to ensure they comply with their personal legal obligation to

comply with the requirements of the Act, including the requirements in relation to conflicts of

interest in the Act.

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Councillor Gifts Policy

9. ACCOUNTABILITY AND REPORTING

9.1. Upon being provided with a completed declaration form, the Governance Department will enter the

details in the form into the Councillors’ Gifts, Benefits, and Hospitality Register

(Gift Register)

. For

avoidance of doubt, all declared offers of Gifts, Benefits and Hospitality will be recorded in the Gift

Register.

9.2. The Gift Register will be reported to Council’s Executive Management Team, and Audit and Risk

Committee on a quarterly basis and to Council in the monthly Governance Report.

9.3. The Gift Register will be published to the Council’s website to facilitate public awareness of the

availability of Council information, in a format that is understandable and accessible to members of the

municipal community in accordance with the Public Transparency Policy.

9.4. Responsibility/Accountability Table

Complying with the General Obligations in the

Councillor Gifts Policy

Councillor

Completing a Declaration of Gift / Benefit/

Hospitality Form

Councillor

Adding details from a Declaration of Gift /

Benefit/ Hospitality Form into Gift Register

Governance Department

Quarterly review of Gift Register

Executive Management Team

Audit and Risk Committee

Council

Publication of Gift Register to Council’s website Governance Department

10. REVIEW AND COMMUNITY CONSULTATION

10.1. Council will ensure that the community are consulted in the formation and the review of this policy

in accordance with the Community Engagement Principles in section 55 of the

and Council’s Community Engagement Policy.

10.2. A review of this Policy will be completed on no less than a biennial basis. More frequent reviews may

occur due to changes in the legislative and regulatory framework or on request by Council.

A

10/06/2015

New Policy

10/06/2016

B

2/11/2016

Review

2/11/2018

C

20/04/2021

Review (Local Government Act 2020)

20/04/2023

Date Adopted by Council 20/04/2021

Councillor Gifts Policy

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Appendix A

What are you declaring?

An offer of:

• Gift;

• Benefit;

• Hospitality.

Name of Councillor

Name of Offeror

Description of Gift, Benefit, or

Hospitality offered.

Assessment of Demonstrable Benefit

to Council (if offer was accepted)

Total Value

Date of Offer

Declaration

a) The information I have provided in this form, is true and correct.

b) I have read and understood the Councillor Gifts Policy.

c) I agree that I am aware that in accordance with the Standards of Conduct in the

, a ‘Councillor must ensure that their behaviour does not bring

discredit upon the Council and is fit to conscientiously perform the role of a Councillor when acting in that

capacity or purporting to act in that capacity’.

d) I agree that non-compliance with this policy may bring discredit upon the Council and compromise my ability

to conscientiously perform the role of a Councillor.

e) I agree that I have declared and will continue to declare any Conflict of Interest that may arise in accordance

with the

.

f) I understand that compliance with the Councillor Gifts Policy is my personal responsibility as a Councillor, and

acknowledge that it is not the responsibility of any Council Officer to monitor my compliance with this Policy.

(a) Compliance with the law

All relevant legal requirements have been considered in developing the

Policy. In particular, and without limitation, the Policy complies with the

requirements in Part 6 of the Act, the public transparency principles

at section 58 of the Act, and the

.

(b) Achieve best outcomes for

the community

Refer to the comments under (i) below.

(c) Promote the sustainability

of the municipality

Refer to the comments under (i) below.

(d) Engage the community

in strategic planning and

decision making

In developing the Policy, Council undertook a community consultation

process, in accordance with Council’s Community Engagement Policy.

Council will ensure that the community are consulted in the review of

the Policy in accordance with the Community Engagement Principles in

section 55 of the Act and Council’s Community Engagement Policy.

(e) Strive for innovation and

continuous improvement

Council will review the Policy on a no less than biennial basis, and pursue

innovation and continuous improvement during every review.

(f) Collaborate with all other

levels of government and

government agencies

In developing the Policy, Council considered the Victorian State

Government’s “Model policies for agencies and boards: Gifts, benefits

and hospitality”.

(g) Secure the ongoing

financial viability of Council

Not applicable for the Policy.

(h) Strategic planning and

decision making must take

into account plans and

policies in operation at all

levels

Not applicable for the Policy.

(i) Council decisions, actions

and information must be

transparent

The Policy:

• relates to the systems and processes by which offers of gifts and

hospitality to Councillors are recorded, addressed, and reported to

the municipal community, to promote the transparency of Council’s

decisions, actions, and information;

• has met all of the relevant requirements of transparency within

Council’s management and decision making processes.

9249 4000

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PO Box 70, Sunshine, VIC 3020

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133 677

• Speak & Listen

1300 555 727

•

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