Councillor Gifts, Benefits and Hospitality Policy 

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August

2024

Councillor Gifts, Benefits and Hospitality Policy 

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Council re

spectfully acknowledges and recognises Wurundjeri and Bunurong peoples as the

Traditional Custodians of this land and pays respect to their Elders past, present and future.

Council acknowledges the legal responsibility to comply with the Charter of Human Rights

and Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human

Rights and Responsibilities Act 2006 is designed to protect the fundamental rights and

freedoms of citizens.

The Charter gives legal protection to 20 fundamental human rights under four key values

that include freedom, respect, equality and dignity.

Councillor Gifts, Benefits and Hospitality Policy 

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2.1 This policy covers

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2.2 This policy applies to

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2.3 This policy does not cover

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5.1 Councillors are to comply with the General Obligations of this Policy:

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5.2 Declaration of Offers of Gifts, Benefits, and Hospitality

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5.3 Civic Gifts

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5.4 Ceremonial Gifts

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5.5 Anonymous gifts

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5.6 Conflicts of Interest

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6.1 Councillors

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6.2 Executive Management Team / Audit and Risk Committee / Council 11

6.3 Governance

11

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 the

ir role as Councillors, in order to assist Councillors to demonstrate their fair an

d

im

partial conduct, and avoid conflicts of interest and/or perceptions of conflict

s of interest



State the requirements and processes to be followed by Councillors when declaring offers of

Gifts, Benefits, and Hosp

itality



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

St

andards of Conduct contained in the Re

gulations



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

.

Any circumstance where Councillors are offered or receive Gifts, Benefits, and Hospitality or

give

Civic and Ceremonial Gifts

in their role as Councillors.

The Mayor, Deputy Mayor and Councillors of Brimbank City Council (Council).

Offers or receipt of Gifts, Benefits, and Hospitality or by Council Staff. These circumstances are

covered in the Employee Gift, Benefit and Hospitality Policy 2023.

For the purposes of this policy, Council adopts the following definitions:

Councillor Gifts, Benefits and Hospitality Policy 

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A gift given by an unknown donor. *It is an offence for a Councillor

to receive an Anonymous Gift that has a value of or more than the

Gift Disclosure Threshold. A breach of these provisions could result in

a maximum penalty of 60 penalty units and a requirement to pay

the Council an amount equal to the value of the Gift. A Councillor is

not in breach of this clause if the Anonymous Gift is disposed of to

the Council within 30 days.

Any advantage or profit (whether monetary or otherwise) gained by

a person.

Money or other inducement to procure an action, decision or

preferential treatment. Bribery of a public official is a criminal

offence.

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.

The form containing the details at Appendix A, made available to

Councillors in digital form via the Councillor Portal for the purposes of

declaring any relevant gift, benefit or hospitality.

An offer of a form of Gift, Benefit or Hospitality that:



Has a clear Benefit to the City of Brimbank and its

community.



Relates directly to the role of Council or a Councillor of

Brimbank (under 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.



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

Councillor Gifts, Benefits and Hospitality Policy 

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etc.).

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 Counc

illor, was a member

of Council sta

ff 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 disc

losed

as

an election campaign donation— but does not include the

v

alue of any Reasonable Hospitality received by the releva

nt

pers

on at an event or function that the relevant person atte

nded

in an offic

ial capacity as a Councillor, member of Council sta

ff 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 th

an 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 re

ceived 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.

The Gift Disclosure Threshold as defined in section 3(1) of the Local

Government Act 2020.

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

pre

scribed by the Regulations.

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).

Hospitality that:



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

Coun

cillor was attending the event or function for an offici

al

purp

ose that is related to their duties as a Councillor an

d in

Councillor Gifts, Benefits and Hospitality Policy 

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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.

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 Local Government Act 2020 (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’.



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

.

Councillor Gifts, Benefits and Hospitality Policy 

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

: 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)



: 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.



: 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).



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

been declined) except Reasonable Hospitality.



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

Police or Independent Broad-Based Anti-Corruption Commission.



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

(See Anonymous Gifts).



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

accordance with this Policy.



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.



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.



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.

Councillor Gifts, Benefits and Hospitality Policy 

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GIFT table with questions for Councillors should they be presented with a gift, benefit

or hospitality.

G

Could the person or organisation benefit from a decision I make?

I

Has the gift, benefit or hospitality been offered to me publicly or privately?

Is it a courtesy or a token of appreciation or valuable non-token offer?

Does its timing coincide with a decision I am about to make?

F

Has the gift, benefit or hospitality been offered honestly? Has the person

or organisation made several offers over the last 12 months? Would

accepting it create an obligation to return a favour?

T

How would the public view acceptance of this gift, benefit or hospitality?

What would my colleagues, family, friends or associates think?



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 an

d

equit

able manner in order to avoid perceptions of improper relationships, and to ensu

re the

prop

er use of Council resources.



A Councillor proposing to give a Civic Gift will circulate the proposal to all other

Coun

cillors.



The Mayor will decide whether or not the proposed Civic Gift should be made in

acc

ordance with and subject to the limits in the Thresholds for Civic Gifts in Table 2 of this

Policy

.



Upon request by the Mayor, the Chief Executive Officer will make arrangements for the

purc

hase 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 in Table 2 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 Table 2 of this Policy.



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

Gifts.

Councillor Gifts, Benefits and Hospitality Policy 

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Thresholds for Civic Gifts.

Mayor – End of Term

Bound Mayoral Album; or Soft cover

Mayoral album and framed print to the

value of $200

Deputy Mayor - End of Term

Flowers or potted plant up to the value of

$100

Councillor - End of Term

Framed BCC photo with inscription to the

value of approximately $150

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 $300 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 $150 and

flowers up to a value of approximately

$100

Civic condolences/congratulations

Flowers up to the value of $100

Commemorations for key events, for

example, ANZAC Day, Armistice day

One floral wreath per occasion/site to the

value of approximately $300, or such

greater value approved by a Director

New Citizens – citizenship ceremonies

Sapling tree to the value of approximately

$3 each

Commemorative Brimbank Coin to the

value of approximately $6 each



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.



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.

Councillor Gifts, Benefits and Hospitality Policy 

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

A Ceremonial Gift is the property of Council, irrespective of value. The Councillor

meeting with the official delegat

e or representative is responsi

ble for providing the

cere

monial Gift to a member of the Governance Department, who will arrange for the Gi

ft to

be re

corded in Council’s Civic Collection and arrange for it be stored/displayed, as

appropriate.

Section 137 of the Act states that a Councillor should not accept a gift that exceeds the Gift

Disclosure Threshold, unless they know the name and address of the person giving the gift, or if

they are given the name and address at the time of the gift and reasonably believe it to be true. If

the Councillor does not know the giver's name and address, they are not in breach if they give the

gift to the Council within 30 days of receiving it.



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 outc

ome

o

f the matter.



An affected person includes a person from whom the Councillor has received a

Dis

closa

ble Gift.



Each Councillor will:

o

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 intere

st

arisin

g out of the receipt of a Disclosable Gift; and

o

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

oblig

ation to comply with the requirements of the Act, including the requiremen

ts in

relation to

conflicts of interest in the Act.

Councillors are responsible for:



Complying with the General Obligations in the Councillor Gifts Policy



Completing a Declaration of Gift / Benefit/ Hospitality Form

The Executive Management Team, Audit and Risk Committee and Council are responsible for:



Quarterly review of Gift Register

Governance is responsible for:



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

ente

r the details in the form into the Councilors’ 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.

Councillor Gifts, Benefits and Hospitality Policy 

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

Reporting the Gift Register to Council’s Executive Management Team, and Audit and Risk

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



Making the Gift Register available upon request 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.

Director, People, Partnerships and Performance

Manager, Governance and Risk

People, Partnerships and Performance

Governance and Risk

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 Local Government Act

2020 and Council’s Community Engagement Policy.

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.







Council Officer Gifts, Benefits and Hospitality Policy



Councillor Code of Conduct 2021

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New Policy

10/06/2015

10/06/2016

Review

2/11/2016

2/11/18

Review (Local Government Act 2020) 20/04/2021

20/04/2023

Review

5/02/2024

5/2/2026

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Section 9(1) of the

(Act) requires Council to give effect to the

overarching governance

principles, in the performance of its role. Section 9(2) of the Act

specifies the governance principles as follows:

a)

Council decisions are to be made and actions taken in accordance with the relevant

law (Compliance with

the law);

b)

Priority is to be given to achieving the best outcomes for the municipal

c

ommunity, including future

generations (Achieve best outcomes for the

community);

c)

The economic, social and environmental sustainability of the municipal district,

includ

ing mitigation and

planning for climate change risks, is to be promoted

(Promote the sustainability of the municipality);

d)

The municipal community is to be engaged in strategic planning and strategic decision

making (Engage

the

community in strategic planning and decision making);

e)

Innovation and continuous improvement is to be pursued (Strive for innovation

and continuous

improvement);

f)

Collaboration with other Councils and Governments and statutory bodies is to be sought

(Collaborate with all other levels of government and government agencies);

g)

The ongoing financial viability of the Council is to be ensured (Secure the ongoing

financial

viability of

Council);

h)

Regional, state and national plans and policies are to be taken into to account in

strategic planning and

decision making (Strategic planning and decision making must take

into account plans and policies in

operation at all levels);

i)

The transparency of Council decisions, actions and information is to be ensured (Council

de

cisions, actions

and information must be transparent).

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In developing the Councillor Gifts Policy, Council has considered and given effect to the

overarching governance

principles, as summarised below:

(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.

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(h) Strategic planning and

decision making must

take

into account

plans and

policies in

operation

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.

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