Paid Outside Work Policy

Document Number000835
Date Approved31 August 2007
Date Last Amended21 February 2012
                   

1.     Introduction

1.1.    The University of Newcastle recognises that it is in its interest for members of staff to participate in appropriate Paid Outside Work activities which bring benefits to the institution whilst promoting or maintaining the professional standing of staff.   It is also recognised that Paid Outside Work must be undertaken in a way that appropriately addresses risks associated with such arrangements.

2.     Policy Intent

2.1.   This policy provides a framework for promoting and supporting the undertaking of Paid Outside Work by staff whilst managing associated risks.

           2.2.    Policy Objectives

          The objectives of this policy are to:

  1. encourage staff participation in consultancies and other work which bring opportunities and benefits to the University, its staff, students and the communities it serves;
  2. provide clarity to staff regarding the range of Paid Outside Work which can be undertaken using the University’s name, services, or resources, either directly or by implication and the University’s requirements when they are negotiating contracts, including cost recovery and compliance with relevant legislation; and
  3. provide a flexible management framework to cover the range of Paid Outside Work opportunities available to the staff of the University.

3.     Definitions

3.1.   The following definitions apply for the purpose of this policy:

           Intellectual Property means the ownership of intellectual property created by staff members and students of the University and is determined by the Intellectual Property Policy 000831 

           Paid Outside Work means paid work performed by a member of staff for any external party including any controlled entity of the University and includes:

  1. University-sponsored Paid Outside Work;
  2. contract of employment specified Paid Outside Work;
  3. private work; and
  4. the appointment of members of staff (however titled) in other higher education institutions, for payment other than reimbursement of out-of-pocket expenses such as for travel, accommodation and incidental expenses.

Staff member means a member of staff employed as a member of the academic, professional or teaching staff of the University be they ongoing, fixed term, casual, part-time or full-time.

Statement of Compliance means a statement from the staff member indicating that the requirements of this policy have been complied with in relation to Paid Outside Work.

University resources mean any resources of the University.  This includes the staff member’s University work arrangements, work time and/or impact on duties set out in a Position Description or Enterprise Agreement; University equipment; facilities; finance and other systems; IT networks; other staffing resources; and the University’s name, logo or any other identifying mark of the University.

4.     Scope

4.1.   This policy applies to all University staff members and activities.

4.2    However, subject to satisfying the requirements of Clause 5, all remaining clauses of this policy do not apply to casual staff.

5.     Paid Outside Work Not Allowable

5.1.   Paid Outside Work is not allowable where it would create, or is likely to create, a significant adverse consequence for the University, primarily:

  1. the staff member has, or may have, a conflict of interest in relation to the staff member’s employment relationship with the University, including:
        a.  where the University is competing for the work
        b.  where the University wishes to pursue that work
        c.  where the work would impact on the University’s ability to pursue other work; or
  2. the use of University resources would have an adverse effect on the operations of the University or where the costs of such use cannot be reimbursed; or
  3. the capacity of the staff member to perform their duties or organisational functions in the University is or will be directly affected; or
  4. the reputation, standing or performance of the University is or may be adversely affected; or
  5. a significant risk for the University exists or may be created in the course of performing the Paid Outside Work.

5.2.   If a staff member is uncertain about whether an activity is allowable, given the above, the advice of the Head of School or Director should be sought.  The Head of School or Director should raise cases of concern with the relevant Pro Vice-Chancellor or Divisional Head particularly where there is any doubt regarding risk.

6.      Exempt Activities

6.1.   Subject to satisfying clause 5, the following activities are exempt from the operation of this policy and any subsequent clauses:

  1. work unrelated in nature to the work/ duties/ responsibilities of the staff member’s employment with the University and where the work is not identifiable with the University;
  2. refereeing of articles, papers and books and similar scholarly work;
  3. examining for educational and professional bodies (e.g. theses);
  4. delivering occasional guest lectures, seminars and conference papers or sessions;
  5. providing occasional performances, exhibitions, media contributions and appearances;
  6. writing, editing and reviewing of scholarly works;
  7. membership of editorial boards;
  8. membership of grant review committees and similar duties for granting bodies;
  9. membership of company or other boards as a University appointee or nominee;
  10. service on community, educational, and professional committees or groups;
  11. activity serving educational, community engagement or professional purposes, where any remuneration is by way of reimbursement, a gratuity or honorarium, and is not a commercial fee for service, nor could it be regarded as such; and
  12. any other activity for which a staff member receives approval from the relevant Pro Vice-Chancellor/Divisional Head to conduct as an exempt activity under this policy.

6.2.   If a staff member is uncertain about whether an activity is an exempt activity, and this may be a particular concern in relation to 6.1 (xi), the advice of the Head of School or Director should be sought before the activity commences.

7.      University-Supported Paid Outside Work

 7.1.   A staff member may undertake University-supported Paid Outside Work with the prior approval of the relevant Head of School/ Director, where the work adds to the University’s material contribution to community service, enhances the professional standards of teaching or furthers research. University-sponsored work will be:

  1. undertaken outside the workload allocation for an academic staff member or outside normal working hours for a non-academic staff member; or
  2. if the material contribution to the University is significant, the work may be conducted within the workload allocation for an academic staff member or within the normal working hours for a non-academic staff member.

7.2.  The approval must specifically include authorisation for the: 

  1. use of any University intellectual property prior to the work commencing; and
  2. use of resources, and arrangements for any reimbursement of costs to the University, as determined by the Head of School / Director.

7.3.  University-supported Paid Outside Work will be undertaken through Newcastle Innovation [unless otherwise approved] using the Newcastle Innovation Project Form with Head of School or Pro Vice-Chancellor sign-off.  Where the work is approved by the University using the approved Innovation Project Form, that paid out outside work will be reported through Newcastle Innovation and is not required to be also entered into the University's Register of Paid Outside Work.

8.      Written Contract of Employment with the University

8.1.  Where a staff member has a specific written condition in the contract of employment with the University giving a right to undertake particular Paid Outside Work, further approval and reporting is not required under this policy. The Contract of Employment provision will override this policy’s requirements and, if there is any conflict between the two, the Contract of Employment provisions will apply.

9.      University-approved Private Work

9.1.  Apart  from exempted activities listed at Clause 6, a staff member must seek University approval for private Paid Outside Work where that work is related or similar to the staff member’s work / duties / responsibilities and may be seen as such.

The staff member will need to obtain prior written approval from the relevant Head of School / Director  and is subject to the following:

  1. the nature, proposed duration and frequency of the work does not affect the performance of the staff member’s duties nor the operations of the University;
  2. University resources are not used, or the University is fully recompensed for any resources used and such use is clearly specified in the Statement of Compliance;
  3. the University is not exposed to risk;
  4. the staff member maintains adequate insurance coverage including professional indemnity coverage in relation to the private work and evidence of this is provided to the University;
  5. a statement is provided in writing to the external client for whom the work is to be conducted by the staff member, stating that: 
    a.   the work is being undertaken by the staff member in a private capacity; and
    b. the University is in no manner involved in the particular activity.

9.2.   A member of staff in undertaking private work:

  1. may only use their University affiliation or academic title with the prior written approval of the relevant Head of School/Director;
  2. must not use University stationery or letterhead or otherwise promote the work as being sponsored or undertaken by the University;
  3. must direct mail, email, telephone and other communications relating to the private work to a place other than the University; and
  4. must not use any University Intellectual Property unless specifically approved to do so by the relevant Pro Vice-Chancellor/ Divisional Head.

10.    Register of Paid Outside Work and Statements of Compliance

10.1.  Staff members who seek approval to undertake Paid Outside Work will maintain a register of Paid Outside Work activities in HROnline which will include a Statement of Compliance for each occasion or ongoing arrangement.

10.2.  At the end of each reporting year the Director Human Resources will e-mail all staff, referring them to the policy. Staff, excluding casuals, at that time, will be directed to update the Register of Paid Outside Work where;

  1. they have undertaken paid outside work that is required to be reported under the policy; and
  2. that work has not been approved and reported through Newcastle Innovation.

10.3.  Information on the university's and Newcastle Innovation's registers may be used for University purposes including audit, reporting, compliance monitoring and other purposes required by legislation or University enterprise agreements, rules, policies or procedures.

10.4.  It is the staff member’s responsibility to ensure they are aware of and comply with this policy, and to obtain any approvals prior to the work being undertaken.  These approvals will be recorded and stored in HROnline or through Newcastle Innovation for a period of six years.  These records will be made available to the University auditors on request.

10.5.  It is the supervisor’s responsibility to ensure compliance with the Paid Outside Work policy.

10.6.  Each staff member who undertakes Paid Outside Work will discuss paid outside work arrangements and outcomes with their Performance Development Framework [PDF] supervisor as part of the annual performance review.  Staff will also discuss Paid Outside Work being planned for the following year as part of the PDF process.

11.    Register of Expertise

11.1.  Newcastle Innovation may maintain a University Register of Expertise that records the names and University contact details of staff members who are willing to be contacted by a prospective external client to perform Paid Outside Work in a field of expertise listed for that staff member in the Register.

11.2.  In order to be listed in the Register of Expertise, the staff member must provide sufficient evidence that the staff member is recognised as having expertise in that field.

11.3.  It is the responsibility of any staff member listed in the Register of Expertise to ensure that the information in the Register relating to that staff member is current and accurate.

11.4.  Newcastle Innovation may provide information from the Register of Expertise to any prospective or existing external client of the University, or may use it to promote the University’s expertise and capabilities in any medium or forum.

12.    Complaints

12.1.  Complaints about determinations made under this policy are to be made in accordance with the University’s Complaint Resolution Policy.

13.    Breach of the Policy

13.1.  A breach of this policy may be dealt with by the relevant Pro Vice-Chancellor or Head of Division in the following ways:

  1. conditions being placed on the approval for the Paid Outside Work;
  2. withdrawal of approval to conduct the Paid Outside Work;
  3. withdrawal of eligibility to apply to undertake Paid Outside Work;
  4. invoking the relevant Enterprise Agreement misconduct/serious misconduct provisions; and/or
  5. any other action considered necessary by the Deputy Vice-Chancellor (Research) as sponsor of the Paid Outside Work policy.

 

14.    Review, Amendment and Promotion of the Policy

14.1.  The policy will be reviewed every two years by the Deputy Vice-Chancellor (Research) and Director, Human Resource Services.

14.2.  The Deputy Vice-Chancellor (Research) on advice from the Director, Human Resource Services is responsible for approving any amendments to the policy.

14.3.  The Deputy Vice-Chancellor (Research) and Director, Human Resource Services will ensure that the policy is promoted widely within the University, including to every new member of staff and to all supervisors.

14.4.  The Deputy Vice-Chancellor (Research) will report to the Vice-Chancellor on an annual basis in relation to the implementation of, and compliance with this policy.

15.    Essential Supporting Documents

Conflicts of Interest Policy 000934                              
Intellectual Property Policy 000831              

16.    Related Documents

Code of Conduct Policy 000059                   
Complaints Resolution Policy 000745         
PDF User Guide   

Approval AuthorityVice-Chancellor
Date Approved31 August 2007
Date Last Amended21 February 2012
Date for Review1 December 2013
Policy SponsorVice-Chancellor
Policy OwnerDeputy Vice-Chancellor (Research)
Policy ContactDirector, Human Resource Services
Amendment History

Change in terminology from "general" to "professional" staff, approved by the Vice-Chancellor 21 February 2012, effective 1 January 2012.

1 December 2011 - Amendments approved by Deputy Vice-Chancellor (Research) (per section 14.2)

6 July 2011 - Updated list of Essential Supporting Documents due to a number of policies being replaced by the new Conflicts of Interest Policy - 000934 (which was approved by Council 18 March 2011).

Policy reviewed and substantially amended, approved VC 2 August 2010.

Definition amended 2 October 2007.

Approved Council 31 August 2007.