Compliance registers

The department maintains central registers for gifts of government property, and statutory act of grace payments, as per NSW Treasury requirements.

Gifts of government property

Under the Treasurer’s direction TD21-04 Gifts of Government Property, the department is required to maintain a register of gifts of government property made above the threshold of $10,000.

Section 5.6(1) of the Government Sector Finance Act 2018 states that a person handling government resources cannot make a gift of government property unless:

  • the property was acquired or produced to use as a gift, or
  • the gift has been authorised by the Treasurer in writing, or
  • the gift is made in accordance with the Treasurer’s directions (see TD21-04 Gifts of Government Property), or
  • the gift was authorised by or under any law.

Register

Employees must declare gifts of government property made over the $10,000 threshold in a central register (STAFF ONLY), which is published on the department’s website annually:

Financial year 2021-22 (PDF)

Statutory act of grace payments

Under the Treasury circular TC22-01 Statutory Act of Grace Payments, the department is required to maintain a register of all statutory grace of payments made.

Statutory act of grace payments may be made under section 5.7 of the Government Sector Finance Act 2018 where the Minister, or Minister’s delegate, is satisfied that there are special circumstances which warrant the making of an act of grace payment. Examples of where special circumstances may exist include:

  • a person, or persons, have suffered financial or other detriment as a result of the workings of government, or
  • a person, or persons, have suffered financial or other detriment as a result of significant natural, health, or other disasters requiring an emergency government response; and
  • the State has no present legal obligation to compensate the person or persons for that detriment, but it is nonetheless morally justifiable for the State to make a payment in the circumstances.

Register

Employees must declare statutory act of grace payments made in a central register (STAFF ONLY), which is published on the department’s website annually:

Financial year 2021-22 (PDF)

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