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Private Paid Outside Work Procedures

This is the current version of this document. To view historic versions of this document click the link in the main navigation (grey) bar above or contact policies@une.edu.au for versions that expired pre 27 July 2015.

Section 1 - Scope

(1) These procedures apply to all staff and Honorary Appointees at the University undertaking private paid outside work in addition to their University duties. They do not apply where the work is contracted through the University.

Section 2 - Procedures

General

(2) The following applies to Professional Staff:

  1. Professional staff may undertake paid outside work for private gain outside business hours provided it does not compromise the staff member's commitment to the University.
  2. Where a professional staff member engaged in, or planning to engage in, private paid outside work, considers there is a potential conflict of interest, approval is required from their Head of Cost Centre by completing a Private Paid Outside Work Application form.

(3) Academic staff Prior to commencing any private paid outside work Academic staff must seek the approval of their Head of Cost Centre by completing a Private Paid Outside Work Application form

(4) In exceptional circumstances, paid outside work within normal working hours may be approved, provided that the operational efficiency of the unit is not affected and the time commitment to the University is not compromised.

(5) While part-time staff members are not required to seek permission to engage in private paid outside work, they are required to inform their Head of Cost Centre of the nature and extent of the work.

(6) Where approval is given to undertake private outside work, HRS will confirm with the relevant organisation that the staff member is undertaking the work in their personal capacity, that is, not as a representative or agent of UNE.

Approval

(7) The staff member is responsible for:

  1. Ensuring they make full disclosure of the nature of the work to be undertaken including full details of any anticipated impact which the time release or paid outside work may have on their normal University duties;
  2. only engaging in paid outside work in accordance with these guidelines;
  3. obtaining written approval from the Head of Cost Centre prior to engaging in paid outside work;
  4. reporting ongoing paid outside work to their Head of Cost Centre during their Performance Planning Development and Review;
  5. consider any conflict of interests; and
  6. ensuring that they have adequate professional indemnity and other insurance as appropriate when engaging in private paid outside work.

(8) Approval to undertake paid outside work should be considered taking into account:

  1. that the work complies with the Code of Conduct Policy, Conflict of Interest Policy, Intellectual Policy and other relevant UNE policies'
  2. any impediments to the operations of the university and business unit;
  3. any potential or actual conflicts of interest;
  4. any potential risk to the University; and
  5. that the work is not on University property and does not use the University's name or resources, including facilities, infrastructure and administration.

Insurance

(9) The University does not assume any responsibility or liability for, warrant or indemnify in any way the activities of staff involved in private paid outside work. This includes (without limitation) professional liability, WorkCover and public liability. Staff should obtain their own legal and financial advice with respect to obtaining insurance.

Conflict of Interest

(10) Staff are responsible for considering whether the work could be regarded as involving a conflict of interest. Staff should ask themselves whether or not the nature of the outside work could be perceived by an independent, unbiased observer to place their own interest or that of another organisation above or in conflict with that of the University or if the relationship or benefits provided could cause an observer to question the independence of the work.

Use of University facilities

(11) If extensive use of University facilities is essential to undertaking the work, it is matter for the judgement of the Head of Cost Centre as to whether the work constitutes core University business more appropriately carried out by the Cost Centre under contract, than as private work. However, limited use of University facilities may be approved, in which case arrangements must be made to reimburse the University for the costs of the use of the facilities.

Use of professional staff

(12) It is inappropriate to use professional staff to support private paid outside work. No professional staff member can be directed to work in support of the private outside work of an academic staff member.

Involvement of other Academic Staff

(13) If an academic staff member wishes to involve other members of academic staff in the paid outside work, each staff member must submit their own Private Paid Outside Work Application form for approval by their Head of Cost Centre.

Paid Outside Work that does not require approval

(14) In certain limited circumstances, approval may not be required to undertake private paid outside work. These include:

  1. thesis examination;
  2. editing or refereeing for academic journals;
  3. occasional invited lectures in area of academic of professional expertise;
  4. publishing of journal articles or books.

(15) These exceptions apply to ad-hoc or occasional instances or engagement only. Any sustained advisory or engagement role would require approval. Staff should discuss these activities with their Head of Cost Centre to ensure they are complying with University policy.

Authority and Compliance

(16) The Procedure Administrator, pursuant to the University's Remuneration and Working Arrangements Policy, makes these procedures.

(17) University Representatives must observe these Procedures in relation to University matters.

(18) These Procedures operate as and from the Effective Date.

(19) Previous Procedures relating to Private paid Outside Work are replaced and have no further operation from the Effective Date of this new Procedure.

Section 3 - Definitions

(20) Effective Date is the date on which this Rule will take effect.

(21) Private Paid Outside Work means work that a staff member of the University undertakes for remuneration, which is outside their normal duties, and where the University is not a party to the contract under which the work is undertaken. By way of example, this may include a consultancy or the commission of a particular piece of work.

(22) University Representative means a University employee (casual, fixed term and permanent) contractor, agent, appointee, UNE Council member, adjunct, visiting academic and any other person engaged by the University to undertake some activity for or on behalf of the University. It includes corporations and other bodies falling into one or more of these categories