3.7 Gifts - received

This policy applies to Ministers and their staff and should be read in conjunction with the Ministerial Code of Conduct, the requirements of the Register of Member’s Interests and the Ministerial Staff Code of Conduct (PDF, 416KB).

Gifts are tangible items that have a lasting value. They do not include intangible benefits such as hospitality or perishable foodstuffs where there is no enduring value.

The definition of 'gifts' does not include those gifts which are received and retained by the Minister, ministerial staff or their immediate family from family members or personal friends in a purely personal capacity.

Ministers and staff should not ask for or encourage the offer of any gift or benefit in connection with the performance of their official duties.

A gift may only be accepted if:

• it does not influence a Minister or staff member in such a way as to compromise impartiality or create a conflict of interest; and
• it is not an offer of money.

Promotional schemes offered in conjunction with official activities, such as instant scratch-its for free overseas flights or lucky door prizes won at official functions should not be accepted.

The State of Queensland will have first call to retain any gifts deemed to be of historical or cultural significance (eg. artworks) regardless of value.

Declaration and Allowable Limits

Ministers must declare a gift received from any source, which has a retail value of more than $150, within 21 days of receipt (or 21 days from the date of return to Australia if the gift was received overseas) by completing a 'Declaration of Official Gift' form.

Ministerial staff must seek the Chief of Staff’s approval prior to accepting or retaining a gift of any value. The Minister’s approval for staff to accept or retain gifts with a retail value above $150 must be included on the 'Declaration of Gifts Received' form. See APPENDIX 3 (PDF, 30 KB)

The gift should be sent with the declaration to Ministerial Services for valuation.

An allowable limit of $350 retail value applies to any gift given to the recipient by the same person. A gift can be a single item or group of items received either at one time or at different times on the same trip, in which case the aggregated value of the items should be within the allowable limit.

Gifts valued below the allowable limit may be automatically retained by the Minister subject to declaration requirements.

If a gift exceeds the allowable limit and it is not appropriate to refuse or return the gift, it remains the property of Ministerial Services on behalf of the State of Queensland. The Minister may request that these gifts be placed on display in a Minister's office or public building.

Ministers should note that the Standing Rules and Orders of the Legislative Assembly also require the declaration through the Register of Members’ Interests of the source and nature of any gifts valued at more than $500 from one source. This declaration requirement extends to where two or more gifts made from one source during the financial year exceed, in aggregate, $500.

Procedures

Ministerial Services maintains a register of gifts received.

The Premier tables annually the details of all gifts with a retail value of more than $150 that are noted on the gifts register. Details of the register are also published on the internet quarterly by the Department of the Premier and Cabinet. The Director, Ministerial Services may dispose of gifts not on display subject to the approval of the Premier and in line with the policies of the Department of the Premier and Cabinet.

Subject to the Premier’s approval, the Minister may donate a gift or request the Director, Ministerial Services to donate a gift on the Minister’s behalf. A disposal of Ministerial Gifts form must be completed.