• Part A - Purpose and Context
• Part B - Introduction
• Part C - Application
• Section 1 - Definitions
• Section 2 - Policy Statement
• Part D - Legal Obligations
• Part E - University’s Requirements
• Conflicts of Interest
• Gifts and Benefits 
• Immediately Declining a Gift or Benefit  
• Surrendering a Gift or Benefit for Disposal or Referral including Official or Ceremonial Gifts 
• Declining or Accepting a Gift or Benefit 
• Excluded Categories
• Part F - Conduct Requirements 
• Part G - Consequences of Non-Compliance 
• Part H - Awareness and Training 
• Part I - Privacy 
• Section 3 - Guidelines 

Part A - Purpose and Context

Part B - Introduction

(1) This policy establishes the expectations of the University for University Representatives engaged in University business in: 

1. the identification, declaration, and management of conflicts of interests;
2. the declining or acceptance of offered gifts or benefits, and the reasoning of doing so; and 
3. the recording on the Integrity Reporting Register. 

Part C - Application

(2) This policy applies to all University Representatives.

(3) This policy should be read in conjunction with the University's Code of Conduct and External Work Policy.

(4) This policy also covers gifts and benefits received by an immediate family member or close associate of a University Representative, which can be reasonably attributed to the employee’s official duties or association with the University.

(5) This policy applies to the University's controlled entities, pursuant to the Controlled and Associated Entities Governance Framework:

1. University Controlled Entities are expected to establish to adopt this policy by resolution of its managing authority, unless it chooses to establish and implement its own policy.

Section 1 - Definitions

(6) For the purposes of this policy, definitions that apply can be found in the Policy DDS Glossary, in addition to the following:

1. University Representative means any person employed by the University or who represents the University or its interests in an official capacity (whether paid or voluntary). This includes:
   1. a member of the Board of Trustees or its committees;
   2. a person appointed by the University as a director of a University controlled entity or of a company or other organisation in which the University has an interest;
   3. a person who holds a clinical, adjunct, conjoint or honorary title or appointment; and
   4. a person engaged as an agent or contractor of the University (whether in Australia or overseas).
2. Benefit means anything believed to be of value to the recipient, or that might be perceived by a reasonable person to be of benefit to the recipient, and can include preferential treatment in regard to employment, access to events, functions and information, provision of club membership, and discounts offered. 
3. Bribe means a gift or benefit that is offered to or solicited by an employee in order to influence that person to act in a particular way. 
4. Conflict of Interest means a conflict between performing an official duty and another interest that has the potential to interfere with the proper performance of that official duty. A conflict of interest can be actual, perceived, or potential.
5. Gift means articles, items or monies offered by one party to a University Representative including: 
   1. Ceremonial or Official Gifts such as plaques, plates, vases, or trophies that are presented to the University usually from another organisation in recognition of services or achievements, or at an official or a ceremonial function
   2. Gifts of Appreciation to express gratitude or thanks, such as flowers, chocolates, a bottle of wine, for performing a specific task or for performing duties in an exemplary manner 
   3. Gifts of Hospitality offered as lunches, dinners, events (such as a seat in a corporate box at a sporting event) in relation to work-related functions and roles in representing the University or managing University business 
   4. Gifts of Influence in the form of cash, gift vouchers, electronic goods such as mobile phones, luxury goods such as perfume, cologne, or handbags, shares, or exclusive or personalised items 
   5. Token Gifts are generally exchanged as a formality or custom by visiting delegates such as pens, pencils, paperweights, ties, scarfs, which may include a company logo. 
6. Integrity Reporting Register means the register that records declared conflicts of interests and offers of gifts and/or benefits at the University. 
7. Material Interest means where a reasonable person would assume that a University employee or other person engaged in University business stands to gain an advantage, or suffer a disadvantage, if they do not properly manage a conflict of interest when exercising their functions, duties and responsibilities. 
8. Nominal Value means fair value of AUD$150. 
9. Solicitation means the act of asking another party for gifts or benefits. 

Section 2 - Policy Statement

(7) The University is committed to conducting its business and delivering higher education and research in a fair, transparent, accountable, and impartial manner that ensures public trust and confidence. 

(8) Conflicts of interest, and the acceptance of gifts and/or benefits, if not properly managed, can expose the University to perceptions and the risk, that decisions or actions are based on personal or other external influences, rather than for proper purposes in the best interests of the University. 

Part D - Legal Obligations

(9) The University has legal obligations in dealing with the disclosure, management, and reporting of conflicts of interest, and offered gifts and/or benefits, that apply to University Representatives. These include:

1. Western Sydney University Act 1997 – which applies to University Board of Trustees members and requires them to disclose all material interests in any matter before the Board, and to not be present or participate in any decision on that matter (refer Schedule 2A, clause 5 of the Act)
2. Corporations Act 2001 – which applies to companies and requires directors to notify material personal interests when a conflict arises (refer Section 191 of the Act)
3. Independent Commission Against Corruption Act 1988 – which applies to University Representatives as “public officials” and includes offers of or solicitations of a bribe, and conflicts of interests such as improperly using knowledge or resources of the person’s position for personal gain or the advantage of others. The Vice-Chancellor and President, as principal officer of the University, has a duty to notify the Commission of any matter where there is reasonable suspicion of corrupt conduct (refer Part 3 of the Act).

Part E - University’s Requirements

Conflicts of Interest

(10) University Representatives must:

1. restrict or avoid conflicts of interest from arising;
2. declare as soon as they become aware that a potential, perceived or actual conflict exists to their manager or managing authority such as a committee;
3. assess conflicts of interests at the time of declaration in consultation with their manager or managing authority to ensure it can be managed appropriately by implementing risk mitigation strategies; and
4. record within 5 days a declared and assessed conflict of interest on the Integrity Reporting Register.  

(11) Conflicts of interest must be a formal item on University Board and Board committee agendas to serve as a prompt for enquiry. 

(12) The University requires specified University representatives to complete annual declarations of interests in order to comply with relevant legislative or governance standards.

Gifts and Benefits 

Immediately Declining a Gift or Benefit  

(13) University Representatives must always and immediately decline gifts and benefits, no matter the nominal value, that:

1. are from current students;
2. would be perceived as a bribe;
3. are of cash or monetary gift or equivalent;
4. are extravagant, personalised and/or exclusive gifts, such as electronic or luxury goods such as mobile phones, cologne, handbags, or perfume;
5. are from foreign entities that may seek to access or influence particular areas of an activity through various forms of funding arrangements and other inducements targeted at individuals that may create a foreign interference risk;
6. are from any person (staff, former students, vendor, external party) currently or about to be involved or engaged in a decision-making process, such as procurement, recruitment, or assessment process; or
7. are offered to family members, friends or other associates to avoid the requirements of this policy. 

Surrendering a Gift or Benefit for Disposal or Referral including Official or Ceremonial Gifts 

(14) Where a gift or benefit that should be immediately declined pursuant to clause 13 is:

1. left without knowing the identity of the offeror; or 
2. stated by the offeror that they would be offended if the gift is declined and has left it in the University Representative’s possession.

(15) Official or ceremonial gifts should be surrendered in accordance with the Art Collection Development and Access Policy, or the Library Collection Development Policy if they have significant artistic or heritage value that could be included in the University's art collection, and record its surrender on the Integrity Reporting Register within five business days.  

1. In the case where there is no artistic or heritage value assessed, official or ceremonial gifts can be disposed of after 12 months or 12 months after the end of official relationship with the other organisation. 

Declining or Accepting a Gift or Benefit 

(16) University Representatives should decline gifts and benefits in the first instance and as a matter of best practice.

(17) University Representatives can only accept a gift or benefit, whether less or more than the nominal value, upon:

1. advice from their manager or supervisor; and
2. consideration of the offer’s purpose, value, frequency, perception of preferential treatment, and timing proximity. 

(18) Any gift or benefit above the nominal value, whether accepted or declined, must be recorded on the Integrity Reporting Register. This includes: 

1. a series of gifts and/or benefits over a 12-month period where the cumulative value is above the nominal value; and  
2. any prize received by University Representatives at conferences and trade shows that are above the nominal value, including random draws, such as lucky door or lottery prizes.  

Excluded Categories

(19) The following categories are excluded from the scope of this policy, as they are in the scope of other University policies:

1. Academic 'prizes' awarded via an approved Western Sydney University program for excellence or competence based on merit – refer to the Excellence Awards Policy.
2. Honoraria payments offered for services provided without expectation of payment, such as speaking engagements, participation on panels, or advisory contributions – refer to the External Work Policy.
3. Donations to the University and controlled entities are excluded from the scope of this policy – refer to the Donations and Fundraising Policy.

Part F - Conduct Requirements 

(20) All University Representatives must consider: 

1. their functions and responsibilities, especially if holding sensitive or decision-making roles;
2. their conduct such as never seeking out gifts or other benefits through solicitation;
3. the timing of situations, especially as it relates to the offerings of gifts or benefits;  
4. the types of conflicts of interest that are likely to arise within their areas of responsibility, including identifying any significant or sensitive projects in their area that might warrant putting specific arrangements in place to manage any conflicts of interest; and
5. their functions and responsibilities, especially if holding sensitive or decision-making roles, including the assessment and supervision of student works.

(21) Any University Representative who is offered a bribe or gift in breach of this policy, or who witnesses or reasonably suspects another University Representative has been offered or has received a bribe must advise, within 24 hours or as soon as possible, a University Disclosure Officer specified in the Whistleblowing (Reporting Corruption and Other Serious Wrongdoing) Policy. 

(22) All University Representatives are required to report any breaches of this policy including not following the requirements on assessing and recording on the Integrity Reporting Register, to their supervisor, and to the Director, Compliance who may refer to other areas of the University for further action. 

Part G - Consequences of Non-Compliance 

(23) The University regards non-compliance with this policy as a serious matter and, depending on severity and impact, will take appropriate action, which may include disciplinary action for misconduct, legal action, or cancellation of a contract with an external supplier.

(24) University Representatives may be required to return any gift or benefit that has been accepted in breach of this policy.

(25) The University may also refer any non-compliance with this policy for independent investigation or to an external reporting agency, such as Independent Commission Against Corruption or the NSW Auditor-General. 

Part H - Awareness and Training 

(26) University Representatives must undertake the relevant training provided at induction, and mandatory employee training modules. 

Part I - Privacy 

(27) Information on disclosures is managed in accordance with the University's Privacy Policy and Privacy Management Plan. 

Section 3 - Guidelines 

(28) See the Integrity Reporting Guidelines for common scenarios where conflicts of interest can arise, and the decision-tree for declining, accepting, surrendering, or disposing of gifts or benefits.