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(1) La Trobe University is committed to ensuring it operates within a sound ethical culture and seeks to proactively manage the risk of bribery. (2) These procedures apply to staff at La Trobe University. (3) Refer to the Fraud and Corruption Management Policy. (4) The University’s Code of Conduct outlines that the highest standards of professional integrity are expected of all staff. In respect to bribery of foreign public officials there are also important legislative requirements contained in the Criminal Code Act 1995. Bribing, or attempting to bribe, a foreign public official is a serious crime, subject to severe penalties. Australian entities or individuals that bribe an official in a foreign country can be prosecuted under Australian law and the laws of foreign countries. Any failure by staff to comply with this procedure may result in disciplinary action. (5) Regardless of the value, staff should consider the following when deciding if a gift, benefit or advantage to a foreign public official is appropriate: (6) Agreements with overseas entities may involve a commercial relationship and custom may include the exchange of gifts. Caution should be taken when giving gifts of value, which are not considered reasonable in the circumstances and which could be perceived as being given with the intent of influencing a foreign official in conducting business with the University. (7) Under Australian law, it is an offence to bribe a foreign public official even if a bribe may be seen to be customary, necessary or required in the situation, and even if there is official tolerance of the bribe. (8) If staff are unsure about their obligations under these Procedures, they should seek clarification from their supervisor. In addition, all staff and affiliates can obtain guidance from the Director, Risk Management. (9) Any member of the University community, visitor to the University or member of the general public that wishes to make a complaint or report an incident involving the University or an officer of the University may do so as a protected disclosure under the Public Interest Disclosures Act 2012. (10) If you wish to make a protected disclosure please refer to La Trobe University Protected Disclosure Policy. (11) Reports of fraud or corrupt behaviour by members of the University may also be made to the University’s Risk Services or Internal Audit Office. (12) Any person who wishes to report an incident may complete the LTU Fraud Allegation Form and forward it to the Risk Services or to the Internal Audit Office. Reports can be made anonymously. Persons should ensure that as much information regarding the incident in provided to enable full investigation of the report. (13) For the purpose of this Procedure:Fraud and Corruption - Bribery Prevention Procedure
Section 1 - Background and Purpose
Section 2 - Scope
Section 3 - Policy Statement
Section 4 - Procedure
Principles
Considerations
Commercial Agreements
Seeking Guidance
Reporting Bribery - Protected Disclosure
Reporting Bribery to the University – non-Protected Disclosure
Section 5 - Definitions