Gifts and Benefits Policy

The policy is to provide advice and guidance to all employees, contractors and subcontractors of Lawpoint regarding the issue or receiving or being offered gifts or benefits and to ensure that dealing with any gifts, benefits or the offer of gifts or benefits, employees, contractors and subcontractors are not influenced in the performance of their duties and there is no perception of undue influence due to these offers.

This policy applies to all employees and contractors of Lawpoint, regardless of whether work is undertaken full time, part time or on a casual basis.

It is Lawpoint’s clear expectation that individuals are not to receive gifts or benefits. Compliance with this policy is mandatory.

1. What is a gift or benefit?

1.1

A gift or benefit is anything (whether an item or a service) which is accepted from Lawpoint’s clients or suppliers or third parties (or potential client, suppliers or third parties) in the course of an employee’s duties with Lawpoint. This is not limited to a gift or benefit received by an individual but also extends to an individual’s family members, friends, associates or an entity with a link to that individual. Gifts or benefits also include offers of hospitality, such as attendance at events or functions.

2. Terms of Policy

2.1

An individual must not seek or accept any payment, gift or benefit intended or likely to influence, or that could be reasonably perceived by an impartial observer as intended or likely to influence an individual to:

Act in a particular way (including making a particular decision);
Fail to act in a particular way or circumstance;
Otherwise deviate from the proper exercise of his or her official duties.

3. Prohibited gifts and benefits

3.1

Individuals must never:

Accept cash or cash equivalents (such as gift cards, prepaid Visa or Mastercard, discounts on products or services or the provision of free products or services, in any amount;
Accept offers of frequent use of facilities such as gyms, use of holiday homes, free or discounted travel and free training excursions;
Seek or solicit a gift or benefit of any kind;
Accept any gift or benefit where the offer of the gift or benefit is intended to influence a decision to do or not do something;
Accept any gift or benefit where the person making the gift or giving the benefit is or will be involved in a tender process in which Lawpoint is involved or is a supplier that is the subject of an individual’s discretionary decisions or power to award work to;
Accept any gift or benefit which is illegal (such as prohibited drugs).

4. Prohibition on referral fees and/or commissions

4.1

Referral fees, often known as commissions or ‘spotter’s fees’ are the payments service providers offer to third parties as a reward for recommending their services or sending customers to them. Referral fees can be an integral and legitimate part of many businesses’ marketing and lead-acquisition strategies.

4.2

However, referral fees are regulated in the legal profession. Many legal experts argue that the practice is unethical. The primary concern is that when a financial relationship exists between a referrer and a lawyer, the interests of the referrer may supersede those of the client.

4.3

The payment and receipt of referral fees is regulated by Rule 12 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (ASCR).

4.4

The ASCR require that where a solicitor receives a benefit from a third party in relation to any dealing where the solicitor represents a client, or from another service provider to whom a client has been referred by the solicitor:

the fact that commission or benefit is or may be payable to the solicitor in respect of the dealing or referral and the nature of that commission or benefit must be disclosed;
the client must be informed that the client may refuse any referral; and
the client must give informed consent to the commission or benefit received or which may be received.

4.5

The ASCR require that when acting for a client in any dealing in which a financial benefit may be payable to a third party for referring the client, the solicitor must first disclose the payment or financial benefit to the client.

4.6

Under no circumstances is an employee to offer accept or pay, or offer to accept or pay, a referral fee or commission to a third party without the express prior written consent of the Principal.

4.7

A breach of clause 6.6 may result in termination of employment.

5. Gifts or benefits of nominal value

5.1

Often, clients will want to provide a gift to employees as an expression of gratitude for the employee’s service.

5.2

Employees should as best practice, refuse gifts or benefits even where they are of nominal value. However, individuals may, in certain circumstances, accept a gift or benefit of a nominal value. For the purposes of this policy a nominal value is a gift or benefit up to $100.00.

5.3

Examples of gifts of nominal value include:

Gifts of a single bottle of alcohol;
Free or subsidised meals;
Chocolates; or

5.4

Attendance at a lunch with a client at the invitation of the client may be acceptable even if the lunch exceeds the nominal value. Employees should:

avoid accepting invitations which are made on a frequent basis;
ensure that they do not consume excessive alcohol during such lunches or order alcohol or other beverage of high value;
report repeated invitations from the same client to the Practice Manager or Principal.

5.2

If an employee considers that the refusal of an offer of a gift or benefit may cause offence and impact the stakeholder or client relationship, the individual may accept the gift or benefit so as not to cause offence. This should be the exception rather than the rule.

6. Reporting of gifts of benefits

6.1

Individuals must immediately report to the Principal:

Any offer of a gift or benefit which the individual reasonably suspects as having been made with the intention of influencing the individual’s decision making capacity, regardless of the value;
Any offer of a prohibited gift or benefit regardless of the value;
Any gift or benefit accepted by an individual which exceeds the nominal value of $100.00; and
Gifts or benefits of nominal value where the total cumulative value of such gifts or benefits is equal to or exceeds $500, if they have been received from the same individual or entity (regardless of whether received from the same person or other persons on behalf of the gifting individual or entity) within any 12 month period.

7. Non-compliance with Policy

7.1

Lawpoint places great pride in its integrity and reputation. Honesty and transparency are the cornerstones of our business. A breach of this policy is inconsistent with the with Lawpoint’s core values.

7.2

Accordingly, a breach of this policy may result in disciplinary action. Depending on the seriousness of the breach, disciplinary action made lead to termination of employment with Lawpoint.