Gifts & Donations
What we do when offered gifts and donations
Overview
This policy provides a framework for ensuring we are aware of our obligations in relation to the receipt of gifts and donations and that any potential conflicts of interest are avoided while the donor's wishes are respected.
Definitions
Client - a person who receives services from any division of HWH.
Conflict of Interest - a conflict of interest occurs when a person's interests conflict with their responsibility to act in the best interests of the organisation. Personal interests include direct interests and those of family, friends or other organisations a person may be involved with or have an interest in (for example, as a shareholder). It also includes a conflict between a Board Member's duty to HWH and another duty that the Board Member has (for example, to another entity). A conflict of interest may be actual, potential or perceived, and financial or non-financial.
These situations present the risk that a person will decide based on or affected by these influences rather than in the best interests of HWH, and this risk must be managed accordingly.
Donations - a voluntary contribution is given unsolicited by a donor/client of equipment, goods or services to HWH.
Gift - a monetary, non-monetary, voluntary item or service given to staff (e.g. as a token of appreciation for their work and/or assistance or to honour a special event or occasion).
Manager - a person charged with managing or directing HWH and its divisions.
Minimal - a token of appreciation equal to or less than $25
Must - indicates a mandatory action required by law, industrial instrument, or HWH policy or procedure.
Notifiable - Any gift that is greater than the value of $25
Reasonable - the appropriate standard or quality of objective decision-making that must be brought to bear when making an administrative decision.
Should - indicates a recommended action that needs to be followed unless sound reasons exist for taking a different course of action.
Bequests - a gift made as part of a deceased person's will.
Staff - is a person who carries out work in any capacity for HWH or undertaking, including work as an employee, contractor or subcontractor, an employee of a contractor or sub-contractor, an employee of a labour-hire company, apprentice or trainee, work experience student, or a volunteer.
Responsibilities
HWH must communicate this policy to all workers upon their commencement with HWH and notify them of any changes made during their employment.
HWH must communicate this policy to all workers upon their commencement with HWH and notify them of any changes made during their employment.
Clinical Care Managers (CCMs) are responsible for the following:
Ensuring staff are familiar with their obligations following this policy.
Ensuring staff are familiar with their obligations following this policy.
The Finance & Administration Principal is responsible for the following:
- Ensuring the implementation, monitoring and regular review of this policy.
- Maintaining a Notifiable Gifts & Donations Register.
- Ensuring the Notifiable Gifts and Donations register is made available to HWH auditors when required.
The Staff Principal is responsible for the following:
- Updating and maintaining the register.
- Informing Finance or nominee of all donations for banking.
All workers are responsible for the following:
- Ensuring they are familiar with the contents of this policy.
- Advising management of any gift with a suspected monetary value of greater than $25, which they are offered or receive through their work with HWH.
- Reporting to their CCM if they believe another staff member has not complied with this policy so that this matter can be investigated.
Policy
This policy ensures that we know our responsibilities regarding accepting and allocating gifts and donations to HWH. This includes direct gifts and donations to staff due to their work with HWH.
HWH is committed to high standards of ethical conduct and ensuring that our donors' wishes are respected.
HWH is committed to high standards of ethical conduct and ensuring that our donors' wishes are respected.
HWH recognises the potential for a conflict of interest arising for staff after receiving gifts or donations. HWH is committed to providing clear boundaries as to when gifts may and may not be accepted. Furthermore, HWH is committed to implementing strategies that effectively minimise the likelihood of a conflict of interest regarding accepting gifts.
Gifts
Staff are not to accept any gifts or benefits from a client, supplier or business as a direct result of their work with HWH, which could be perceived to influence the worker and their decision-making in any way.
The only circumstances when it is appropriate to accept such a gift (notwithstanding the previous statement) are if the refusal of the gift would cause serious offence to a supplier or business or diminish the relationship in some way or if the gift is commensurate with the relationship with the supplier or business.
Staff can only accept token gifts with minimal (up to $25) or no value from clients. Under no circumstances can staff accept or seek any financial payment or borrow money from clients or a client's family.
Staff should not accept any gift where there is - or may be - a perception of a conflict of interest with past, present or future duties or where the object of the gift is to maintain or return a favour.
Procedures
Gifts from Clients
Staff must make clients aware that they are not allowed to accept gifts. If a client insists or if the staff feel obliged to receive the gift, the following steps must occur:
- Individual gifts over $25 are reported to the Staff Principal or CCM for consideration. They will determine the appropriateness of the gift and advise the staff member on what action to take.
- If it is deemed that the gift needs to be returned, then the worker should do this at their next rostered shift. The Staff Principal or CCM will contact the client to explain why the gift cannot be accepted and explain the intent of this policy.
- The Staff Principal or CCM will update the Notifiable Gifts & Donations Register even when the gift is returned to the client.
Gifts from Suppliers
All gifts and donations from commercial suppliers and contractors are deemed to be the property of HWH.
- If the gift is given to a specific carer, then the carer must report this to the Staff Principal or CCM.
- The Staff Principal or CCM will record the gift/donation in the Register of Gifts and Donations and Finance.
- If appropriate, the gift (e.g., a food hamper or chocolates) may be shared among staff, or it may be used as a prize during an HWH event.
Register of Notifiable Gifts
Finance & Administration or the nominee will keep a Register of Gifts and Donations for all gifts with a monetary value greater than $25 received by HWH, including those given directly to staff.
The Notifiable Gifts & Donations Register will be available to auditors when requested.
Finance & Administration or the nominee will keep a Register of Gifts and Donations for all gifts with a monetary value greater than $25 received by HWH, including those given directly to staff.
The Notifiable Gifts & Donations Register will be available to auditors when requested.
On receipt of a donation or gift with an estimated value exceeding $100, the Gifts and Donations Form must be completed detailing the following:
- The date the gift was received
- Name of person/organisation giving the gift
- Name of the person receiving the gift
- An estimated value of the gift
- Whether it is Notifiable or otherwise
- What is to happen to the gift
Reporting breaches of the Gifts and Donations Policy
If a person suspects that a Gift or Donation has not been disclosed or incorrectly disclosed following this policy, they must immediately report it to their Staff Partner or CCM.
If a person suspects that a Gift or Donation has not been disclosed or incorrectly disclosed following this policy, they must immediately report it to their Staff Partner or CCM.
Breach of Policy
A breach of this policy is grounds for disciplinary action, up to and including termination of employment.
Related Legislation
- Collections for Charitable Purposes Act 1939
- Privacy Act 1988 (Commonwealth)
- Trade Practices Act 1974 (Commonwealth)
Related Policies
- Code of Conduct
- Conflict of Interest Policy
- Ethical Behaviour & Code of Conduct
Breaches of this Policy
Ignorance of these procedures will not generally be accepted as an excuse for non compliance. Only in extreme circumstances and where such ignorance can be demonstrated to have occurred through no fault of the individual concerned will HWH accept such an argument.
Ignorance of these procedures will not generally be accepted as an excuse for non compliance. Only in extreme circumstances and where such ignorance can be demonstrated to have occurred through no fault of the individual concerned will HWH accept such an argument.
Distribution & Reward
HWH will ensure all persons engaged in providing services, either paid or unpaid, will be aware of this policy and have easy access to it in an appropriate format. All policies must be reviewed periodically or when legislation or government policy is determined.
HWH will ensure all persons engaged in providing services, either paid or unpaid, will be aware of this policy and have easy access to it in an appropriate format. All policies must be reviewed periodically or when legislation or government policy is determined.