• Section 1 - Purpose
• Section 2 - Scope
• Section 3 - Principles
• General
• Foreign interference
• Private consultancy
• Directorships and board memberships
• Charitable and non-profit organisations
• Additional UC employment
• Approval authority
• Approval of outside work
• Approval of additional UC employment
• Approval authorities
• Dispute resolution
• Lodging a complaint
• Failure to declare
• Raising a dispute
• Section 4 - Responsibilities
• Section 5 - Definitions

Section 1 - Purpose

(1) This policy provides a consistent and transparent approach to applying to undertake Outside Work or Additional UC Employment (referred to collectively as “Outside or Additional Work” henceforth). This policy ensures that any Outside or Additional Work is undertaken in a manner that:

1. is consistent with the employee’s obligations to the University for proper performance of the duties, workloads and ordinary hours for which they are engaged;
2. ensures no employees will engage in a position or function, paid or unpaid, which has a direct conflict with the University’s activities (whether perceived, potential or actual);
3. protects the University’s interests, including the ability to commercially develop its intellectual property and further its research culture and activities;
4. protects the integrity of the University’s operations, reducing vulnerability to improper interference like intellectual property loss, cybersecurity breaches and meeting the guidelines to countering foreign interference in the Australian university sector;
5. supports modern workplace practices including hybrid-working, flexible work and work health and safety, particularly in relation to legal liability, professional indemnity and worker’s compensation; and
6. encourages transparency about employee workloads and commitments within and outside the University.

Section 2 - Scope

(2) This policy applies to all full-time and part-time Academic Staff, Professional Staff, Senior Managers and Executive Staff who undertake Outside or Additional Work.

(3) This policy applies to casual and sessional employees where:

1. the conduct of Outside or Additional Work may affect or impair their ability to fulfill the inherent requirements of their role with the University;
2. the Outside Work has an association with the University; or
3. there is a perceived, potential or actual Conflict of Interest or otherwise where the University’s Conflict of Interest Policy may be breached.

(4) This policy does not apply to:

1. unpaid scholarly activities that form part of an academic employee’s workload, for example, writing, reviewing and editing scholarly books and journal manuscripts, reviewing research grant applications, broadcast, media publications and public lectures and organisation of any participation in academic conferences, symposia and seminars;
2. University Consultancies performed under the Consultancy Management Procedure.

Section 3 - Principles

(5) The University recognises that Outside or Additional Work can be of benefit to the University, the employee and its students and should therefore be encouraged where the principles of this policy are satisfied.

(6) All Outside or Additional Work must be approved in accordance with this policy and the relevant Outside Work Procedure or Additional UC Employment Procedure.

(7) Approval of Outside or Additional Work does not reduce the work or the performance expectations or availability requirements for an employee.

(8) The University does not provide a specific entitlement for employees to engage in Outside or Additional Work.

(9) Employees must ensure that there is no Conflict of Interest or risk to work health and safety, or performance of their role at the University between their Outside or Additional Work and their obligations to the University, consistent with the University’s Charter of Conduct and Values. The University will have the deciding view on whether a Conflict of Interest or risk to work health and safety exists following consultation with the employee.

(10) At no time can an employee, acting in a private capacity, compete with the University for funding or business.

General

(11) Any form of Outside or Additional Work must be approved in accordance with this policy and the relevant procedures.

(12) Employees are required to seek approval of Outside or Additional Work by submitting an Outside or Additional Work Online Approval Form to the appropriate Approval Authority at the following times (as appropriate):

1. at the commencement of employment with the University where the employee already has Outside Work or Additional UC Employment when they commence employment with the University,
2. prior to commencing any Outside Work or Additional UC Employment; and
3. annually, as part of the employee’s annual performance development plan process.

(13) A request for approval of Outside or Additional Work will be assessed in accordance with the criteria set out in the respective procedures.

(14) When undertaking Outside Work, an employee must:

1. not conduct such work during their standard University work hours (where the employee is normally required to be available to undertake their University duties);
2. not use University premises (unless there are approved circumstances);
3. not make unreasonable or inappropriate use of any University equipment, property or resources including computer software and information technology resources – such use is prohibited in all cases except where such use is contracted and paid for;
4. not use University trademarks or branding, including the University name, brand or the employee’s connection to the University – however, employees may make reasonable use of their academic title, provided this has been approved by the Approval Authority;
5. not imply or hold out that they are undertaking Outside Work on behalf of the University;
6. not work in conflict with, or at the expense of, their University employment and associated workload or undertake activities which are contrary to the interests of the University;
7. ensure Outside Work is not with an organisation that may compete with the University for funds, staff, students, projects, consultancy or in any other activity (unless approved by the appropriate Approval Authority);
8. ensure Outside Work does not make use of, or benefit from, University intellectual property, confidential information or other similar commercially sensitive or valuable information that the employee possesses by virtue of their employment with the University;
9. ensure that the Outside Work will not create an actual, perceived or potential Conflict of Interest with their obligations to the University;
10. ensure that the demands of the Outside Work do not compromise the employees’ capacity to perform their employment duties or meet their WHS obligations within the University.

(15)  When undertaking Additional UC Employment, an employee must:

1. not conduct such work during their standard University work hours (where the employee is normally required to be available to undertake the duties of their Substantive Position, unless otherwise approved);
2. ensure that the demands of the Additional UC Employment do not compromise the employees’ capacity to perform the employment duties of their Substantive Position or meet their WHS obligations within the University.

Foreign interference

(16) Outside Work which creates a risk of foreign interference which cannot be appropriately managed will not be approved.

(17) Factors which may be taken into consideration in assessing this risk include (but are not limited to):

1. whether the Outside Work is with a foreign government, political party, military, policing or security organisation;
2. what obligations are owed to foreign institutions as part of the Outside Work;
3. the nature of the role; and
4. the amount of remuneration received.

Private consultancy

(18) An employee may undertake a private consultancy as Outside or Additional Work, provided they have submitted an Outside or Additional Work Online Approval Form and received approval to undertake such private consultancy.

(19) No responsibility or liability for private consultancy undertaken by an employee shall attach to the University. Private consultancy will not be covered by University insurances and the employee should ensure they hold appropriate insurances to cover the activity (for example, professional indemnity and public liability insurance). Information about, and evidence of, such insurances should form part of the application for approval of Outside or Additional Work.

(20) The employee undertaking private consultancy must ensure that they do not represent the private consultancy as a University activity or as an activity which has University endorsement, affiliation or other support. Employees must ensure that prior to commencement of the consultancy all other parties understand that the employee is undertaking the consultancy in their personal capacity and the University is not responsible for, or associated with, the work being performed.

Directorships and board memberships

(21) Subject to Clause 23, employees must submit an Outside or Additional Work Online Approval Form and receive approval from the appropriate Approval Authority prior to taking up a board membership or directorship in a public or private company or other organisation or entity, whether these are paid or unpaid, where the employee is not taking up that directorship or board membership as an approved representative of the University.

Charitable and non-profit organisations

(22) University employees are encouraged to contribute to the community and be involved in and/or volunteer with community, charitable and non-profit organisations.

(23) Employees are not required to seek approval under this policy to volunteer with or otherwise participate in the activities of a community, charitable or non-profit organisation (including becoming a director of a charitable or non-profit organisation), unless such involvement:

1. affects or impairs their ability to fulfill the inherent requirements of their University role;
2. involves the misuse of the employee’s position at the University or the use of University resources (including space, facilities, equipment, intellectual property or other staff); or
3. involves an actual, perceived or potential Conflict of Interest.

Additional UC employment

(24) Additional UC Employment occurs where an employee with an existing Substantive Position is offered to undertake additional employment within the University.

(25) The Additional UC Employment Procedure sets out the process for the management of offers to employees with an existing substantive position to undertake additional employment within the University. The Additional UC Employment Procedure should be read in conjunction with this policy.

Approval authority

Approval of outside work

(26) Employees are required to seek approval of any Outside Work from the appropriate Approval Authority prior to commencing such Outside Work in accordance with this policy and the Outside Work Procedure.

Approval of additional UC employment

(27) Employees are required to seek approval of any Additional UC Employment from their line manager or Approval Authority, in accordance with the Additional UC Employment Procedure prior to commencing the Additional UC Employment.

Approval authorities

Dispute resolution

Lodging a complaint

(28) Any person may lodge a complaint with the Chief People Officer in relation to Outside Work matters where they may give rise to perceptions that the employee has undertaken Outside Work that is inconsistent with this Policy. Any such complaints will be investigated and assessed against the standards set down in the Policy.

Failure to declare

(29) Any failure to declare and seek approval of Outside or Additional Work shall be corrected immediately if it is discovered.

(30) Any failure to seek approval of Outside Work which involves a Conflict of Interest shall make the employee liable to an allegation of misconduct and will be managed in accordance with Schedule 6 of the University’s Enterprise Agreement.

Raising a dispute

(31) If the Employee is not satisfied in the circumstance where a decision is made to decline the Outside or Additional Work request, they may seek support from People and Diversity by contacting their People and Diversity Business Partner or the People Services team to support a facilitated conversation between the Employee and Approver.

(32) If resolution is not achieved, nothing in this procedure prevents an employee from seeking a final resolution from the manager once removed from the Approval Authority (for example, Deputy Vice-Chancellor, where the Executive Dean has declined the Outside or Additional Work request).

Section 4 - Responsibilities

Section 5 - Definitions