This policy outlines the considerations and procedures for the giving and receiving of gifts and benefits by members and staff of the Queensland Pharmacy Business Ownership Council (Council).
1. Scope
This policy applies to:
- Council members
- the Chief Executive Officer of the Council (CEO)
- Council staff
- Council inspectors, and
- Individuals who are engaged as contractors to the Council.
These individuals are collectively referred to as ‘Council officers’ in this policy.
2. Definitions
Council officer includes a Council member, CEO, Council staff, Council inspectors and individuals who are engaged as a contractor to the Council.
Gifts and benefits means the transfer of property or another benefit without recompense or for substantially less than full consideration or a permanent or indefinite loan of property. They include tangible items of lasting value and intangible items of no lasting value (including hospitality).
It does not include gifts or benefits received by an employee from their employer in the usual course of their employment, for example, under an employee health and wellbeing or rewards and recognition program.
Low risk hospitality includes catered meetings or educational events where invitees from a range of external organisations are present, where tea and coffee or a light meal or other hospitality of a light nature is provided.
Token mementos include those of minimal value such as mass-produced stationery.
3. Giving of gifts and benefits
The practice of giving gifts should not be common or frequent. The giving of gifts and benefits by Council members or staff on behalf of the Council, must be for official purposes and approved by the Chair or CEO. The benefit to the Council, and/or the State of Queensland and/or the Queensland community, must be identified. Consideration must be given to why the gift or benefit is being offered and whether it may be reasonably perceived to affect the objectivity, independence and impartial performance of the Council’s functions. Expenditure for official hospitality must be considered only where it is essential to facilitate the conduct of the Council’s business.
4. Receiving gifts and benefits
Consider if it is appropriate to accept or decline the gift or benefit
If Council members or staff are offered a gift or benefit, other than low risk hospitality, or a token memento, they should consider whether or not it is appropriate to accept it. Members or staff must consider whether acceptance could create an actual conflict of interest, a perceived conflict of interest or a perception that they will be improperly influenced in the conduct of their official duties and functions.
Particular care must be taken in relation to gifts or benefits offered by persons who will be regulated by the Council under the Pharmacy Business Ownership Act 2024 (for example, licence holders and material interest holders), and third parties who represent the interests of licence holders (for example, professional associations or franchisors). Gifts or benefits should not be accepted if acceptance is likely to affect, or be reasonably perceived to affect, the objectivity, independence and impartial performance of the Council member or staff in undertaking their official duties and functions.
Consideration should include:
- the reason for the gift / benefit being offered or given;
- the timing and purpose of the gift;
- whether the donor of the gift is regulated by the Council, such as a pharmacy business owner, licence holder or material interest holder, or a third party representing the interests of those entities;
- whether the gift intended to, or may be perceived to intend, influence;
- the donor’s perception of acceptance; and
- whether a relevant Conflict of Interest Management Plan is in place.
If it is not appropriate to accept a gift or benefit, it should be declined or returned. Gifts of cash or items readily converted into cash must be refused regardless of the value.
In the course of official duties
Gifts or benefits offered to Council members or staff in the course of their official role or duties with the Council (other than low risk hospitality or a token memento), must not be accepted unless it can be shown to be of benefit to the Council and/or the State of Queensland and/or the Queensland community generally.
Gifts or benefits must not be accepted if acceptance is likely to affect, or be reasonably perceived to affect, the objectivity, independence and impartial performance of the Council’s functions.
Outside of official duties
Council members or staff may hold roles outside of their official role or duties with the Council and/or which involve the conduct of their ordinary business.
Gifts or benefits offered to Council members or staff in these circumstances should not be accepted if acceptance is likely to affect, or be reasonably perceived to affect, the objectivity, independence and impartial performance of the Council member or staff in undertaking their official duties and functions.
Particular care must be taken in relation to gifts or benefits offered by persons who will be regulated under the Pharmacy Business Ownership Act (for example, licence holders and material interest holders), and third parties who represent licence holders.
5. Declaring gifts and benefits and seeking approval to accept or retain
Council members and staff are required to take reasonable steps to ascertain or estimate the value of the gift or benefit offered, including the combined value of multiple gifts offered during the financial year, if relevant.
Members and staff should declare all gifts or benefits offered (other than low risk hospitality, or a token memento).
Declarations and requests for approval to accept or retain gifts or benefits should be made on the Council’s Declaration of Gifts and Benefits Form as soon as possible and at least within one month of offer or receipt.
Other than low risk hospitality, or a token memento, members and staff must seek approval from the Chair or CEO (before accepting if possible or if not, as soon as possible), in the following circumstances:
- Gifts or benefits offered in the course of their official duties with a value, estimated retail value, or cumulative value received from one donor during a financial year, of $150 (including GST) or more:
- the benefit to the Council and/or the Queensland community should be outlined; and
- Gifts or benefits offered in a role held other than with the Council and outside of Council official duties:
- with a value, estimated retail value, or cumulative value received from one donor during a financial year, of $150 (including GST) or more; or
- of any value, if the offer could create a perception of a conflict of interest, for example, those that are offered by a person or business who is or will be regulated under the Pharmacy Business Ownership Act (such as a pharmacy business owner, licence holder or material interest holder), or by a third party representing the interests of those entities.
- All gifts or benefits with a value or estimated retail value of over $350 (including GST). Approval to accept or retain should only be given in exceptional circumstances.
- Gifts of cultural or historical significance of any value, regardless of the capacity in which they are offered.
6. Recording of gifts and benefits
Declared gifts or benefits with a value (or cumulative value from one donor within one financial year) of $150 (including GST) or more, whether accepted or rejected, must be recorded in the Council’s Register of Gifts and Benefits.
All declared gifts or benefits offered by a person or business who will be regulated under the Pharmacy Business Ownership Act (such as a pharmacy business owner, licence holder or material interest holder) or by a third party representing the interests of those entities, whether accepted or rejected, must be recorded in the Register.
Gifts of cultural or historical significance, regardless of value, whether accepted or rejected, must be recorded in the Register.
The CEO will be responsible for recording declared gifts and benefits in the Council’s Register of Gifts and Benefits.
The CEO will be responsible for reviewing and publishing the Council’s Register of Gifts and Benefits on the Council’s website on a quarterly basis, within 10 calendar days of the end of the quarter.
7. Gifts and benefits retained by the Council
Gifts of cultural or historical significance of any valuemust be retained by the Council.
Any gift or benefit retained by the Council must be used for public benefit or in an appropriate manner. If there is no such use, then the gift or benefit may be disposed of in an appropriate and sensitive manner (e.g. donation to a charity, hospital, school or community organisation).
8. Further information
Further guidance can be obtained from the Queensland Government’s Directive and Guidelines on gifts and benefits.[1]
9. Review
The CEO will be responsible for review and development of the Council’s Gifts and Benefits policy and associated processes and will review them at least annually.
[1] Gifts and Benefits (Directive 22/09) | For government | Queensland Government