13.1. Academic Staff

^{(New Section:February 2004)}

13.1.1. Preamble

Benefits flow to the University, the staff member and the broader community from engagement in work outside the University by academic staff members.

Paid outside work is work that is undertaken in a private capacity in addition to the University duties of a staff member.

Staff may undertake and receive payment for work:

• associated with the holding of a directorship or membership of a board (see Section 13.3);

• which is not connected to a staff member's employment at the University (see Section 13.1.5);

• gained for provision of goods or services either directly or indirectly attributable to the staff member's role and/or title in the University. Because of the explicit or implicit association with the University, particular protections for both the staff member and the University are necessary.

This policy applies to full and part-time staff, and to work undertaken as an individual, or undertaken as a member of a partnership, company or any other entity which provides goods and or services. It does not apply to work undertaken when the University enters into a contract to provide goods or services to which a staff member may be assigned. Staff must consult the Head of Department before entering into a contract to provide their services in these circumstances.

Guidelines can be found at http://www.hr.unimelb.edu.au/advicesupport/paid_outside_work.

13.1.2. Reference

• Planning and Budget Committee - Minutes No 8 : Meeting 10 September 2003

• Council meeting 6/02 : Meeting 16 December 2002

13.1.3. Procedures

The key principles governing the arrangements under which a full-time or part-time academic staff member may undertake paid outside work in a private capacity are as follows:

• approval must be sought and gained before commencing that work;

• the work is of a nature and standard compatible with the professional status of the staff member;

• arrangements (and changes to those arrangements) under which the outside work is to be undertaken must be disclosed;

• conflicts of interest that might arise as a result of undertaking the outside work must be able to be managed to the satisfaction of the University;

• where the work is obtained directly or indirectly as a result of the staff member's association with the University, adequate professional indemnity and third party insurance arrangements must be in place. The University must be adequately indemnified for any loss or damage that might arise from the undertaking of the outside work;

• as part of the annual performance review, academic staff members must certify the extent of any paid time release taken to perform outside work and the nature of any paid outside work so undertaken.

13.1.4. Policy on work obtained as a result of the Staff Member's association with the University

13.1.4.1. Responsibilities of staff

Except as specified in Section 13.1.4.6, irrespective of the time when work is to be undertaken, a full and part-time academic staff member must:

• seek approval of the Head of Department prior to commencement by completion of a HR35 form 'Application for Approval to Undertake Paid Outside Work' http://www.hr.unimelb.edu.au/benefits/forms;

• indemnify in writing the University in respect of any claims, suits or demands made by any third party arising from the undertaking of the work;

• provide evidence that he or she has personal professional indemnity and third party liability insurances at a level that is adequate to provide cover for the nature of the outside work proposed to be undertaken, and that this level of insurance is adequate to cover protection in the event of a legal claim subsequent to the work being completed;

Note : Advice on adequate insurance arrangements can be obtained from the Insurance Office.

• provide written confirmation from the person or body for which the work is to be performed acknowledging that the staff member is carrying out the work in a personal capacity and that the person or body release the University from any liability to them or any of their associates which may arise in connection with the performance or non-performance of that work;

• make a full disclosure of the nature of the work to be undertaken and how any conflict of interest will be managed;

• provide details of time release sought; (unless approved by the Provost, only full time academic staff members are eligible for paid time release)

• state how he or she will quit his or her normal academic duties, including arrangements for teaching and research supervision;

• agree to pay for any use of University facilities, equipment or resources. Details of charging arrangements can be obtained from the Director of Financial Operations.

Note : Where it is unclear that the outside work will proceed (eg where a staff member is part of a tender process), the proposed work should be discussed with the Head of Department at the time it is initially being considered.

13.1.4.2. Responsibilities of Heads of Department or a Dean

A Head of Department, or in the case of a Head of Department, Dean may only approve paid outside work if:

• a completed HR35 'Application for approval for paid outside work' http://www.hr.unimelb.edu.au/benefits/forms has been submitted prior to the commencement of the paid outside work;

• the work for which approval is being sought is of a nature and standard compatible with the professional status of the staff member concerned;

• the nature of the work and the extent of time release being sought will not interfere with the proper discharge of the staff member's normal University duties, including responsibilities associated with supervision of research students;

• the amount of time release being sought by a full-time academic staff member to undertake the paid outside work does not exceed thirteen days in any three month period;

• the nature of the outside work is such that it will not impair the staff member's academic independence or create a perceived or actual conflict of interest that is unable to be managed to satisfaction of the University;

• in the event that it is proposed that University facilities, equipment or services be used to undertake the proposed outside work, there is no breach of University policy with respect to the use and the arrangements proposed for reimbursement to the University for the costs associated with such use comply with cost recovery guidelines and/or advice provided with the Department of Financial Operations;

• the nature of the work proposed to be undertaken is consistent with the staff member's obligations with respect to the University's policy on intellectual property; and

• the academic staff member is taking adequate measures to protect herself or himself and the University from any risks or legal exposures associated with the undertaking of the proposed outside work.

13.1.4.3. Indemnification and insurance requirements

Except as specified in Section 13.1.4.4 and Section 13.1.4.5 ,staff members undertaking paid outside work must:

• obtain written confirmation from the person or organisation for whom the work is to be done acknowledging that the work is being done in a private capacity. The necessary form of release is to the HR35 form http://www.hr.unimelb.edu.au/benefits/forms;

• provide evidence of that he or she has in force, and written confirmation that he or she will continue to have in force, adequate professional indemnity and third party liability insurance;

• provide a statement specifically indemnifying the University against any claims, suits of demands made by a third party in relation to the outside work. The form of indemnification is found as an attachment to the HR35 form http://www.hr.unimelb.edu.au/benefits/forms.

Advice on an appropriate level of insurance cover can be obtained from the Insurance Office or the Vice-Principal and General Counsel.

13.1.4.4. Exemptions from insurance requirements

The staff member is not required to hold personal professional indemnity and third party insurance if he or she:

• is working and paid as part of a peer-review committee;

• is working at another Australian or overseas university under some form of engagement such as an accepted letter of offer or a contract;

• is participating in an artistic, literacy or musical performance such as a book-reading, public lecture, exhibition or concert and the risk of liability is low;

• has a contract as an employee or a contractor with another organisation which has appropriate insurance arrangements in place and the cover is clearly specified to extend to the staff member as employee or contractor;

• has a contract with another organisation, eg. AusAid, Melbourne University Private or Australian International Health Institute, where the insurance arrangements are known and can be demonstrated to the Head of Department;

• is acting as a director, and is covered by directors' liability insurance.

In these cases, it must be demonstrated that adequate arrangements are in place.

Subject to advice from the Vice-Principal and General Counsel, the Dean or Head of Department may also exempt a staff member from the requirement for insurance cover, when it would be unreasonable or not feasible to obtain them because of the nature of the work.

13.1.4.5. Exemptions from third party acknowledgement

An acknowledgement that the work is being undertaken in a private capacity from the person or organisation for whom the work is being done is not necessary if the staff member is:

• participating in a musical or artistic performance;

• a medically qualified practitioner with appropriate insurance is seeing a patient (further details are at http://www.hr.unimelb.edu.au/paid-outside-work/pow-guidelines-clin.pdf).

The Vice-Principal and General Counsel will advise on other exemptions.

13.1.4.6. Paid outside work by Deans

Where a Dean seeks to undertake paid outside work, he or she must make an application to the Vice-Chancellor in accordance with Section 13.1.4.1. The Vice-Chancellor will consider the approval in light of the guidelines in Section 13.1.4.2.

13.1.4.7. Paid outside work obtained as a result of the staff member's association with the University which does not require approval

Academic staff do not require approval to undertake paid outside work (or for time release) in relation to the following types of outside work:

• occasional broadcasts, telecasts or articles for media publications, public lectures, refereeing books or journal articles;

• reviews and examination duties (including assessing theses) for other universities or bodies; and

• advice to parliamentary committees, tribunals and other public bodies.

The Provost may, on application, authorise other activities for which a staff member is not required to obtain approval to undertake paid outside work.

13.1.4.8. Annual reporting

Academic staff members who undertake paid outside work obtained as a result of their association with the University must report on approvals for work undertaken and the extent of time release in the annual Performance Development Framework review.

Heads and Deans are required to certify that all paid outside work has been undertaken in compliance with this policy.

Annual reporting is to be completed on a HR34 form http://www.hr.unimelb.edu.au/benefits/forms, and filed on the staff members personal file.

13.1.4.9. Advice of material change

A staff member must advise the Head of Department of any material change in the arrangements which have been approved. This may include changes to the nature of the work undertaken, the extent of the time release required, and any changes to insurance or indemnification arrangements.

In those circumstances, the Head or Dean must review the circumstances, and determine if the previous approval requires variation or withdrawal.

13.1.4.10. Time release

Full-time academic staff and those academic staff holding a conjoint appointment with a subsidiary company of the University undertaking paid outside work obtained due to their University responsibilities are eligible for paid time release of up to 13 days per quarter to undertake this work, unless additional time is authorised by the Vice-Chancellor. The Dean, or, in the case of a Dean, the Vice-Chancellor, amy approve an arrangement whereby the days available for this time release are averaged over two quarters.

Part-time (including fractional full-time) academic staff, are not entitled to paid time release without the prior approval of the Provost.

13.1.4.11. Paid outside work which may not be approved

Because of the potential to create serious actual or perceived conflicts of interest between a staff member's personal affairs and her or his University responsibilities, the following activities must not be undertaken during paid outside work:

• accept fees for private tuition of University of Melbourne students;

• solicit work through any form of public announcement or advertisement;

• except where specifically approved by the Head of Department, undertake paid teaching responsibilities for any other institution other than an institution which is a subsidiary or affiliate of the University of Melbourne.

Note : Paid teaching responsibilities may be undertaken, subject to the normal process relating to paid outside work, for an affiliated college or hall of residence, except where that activity gives rise to a conflict of interest, such as where teaching responsibilities may involve giving tuition in the same subject for which the academic staff member has responsibility within the University;

• accept or discuss offers of paid outside work from currently enrolled students or former students within two years of graduation or being a student at the University of Melbourne;

• accept or discuss offers of paid outside work from persons who may have a direct or indirect pecuniary interest in a decision or action for which the staff member is responsible;

• undertake any form of paid outside work which places her or his own interests above that of the University;

Paid outside work may not be undertaken during periods of long service leave.

13.1.5. Policy on Paid Outside Work Not Connected with the Academic Staff Member's University Role

Staff members do not require approval to undertake paid outside work when the work:

• has no connection or association with his or her University duties; and

• is undertaken on weekends, or during annual leave; and

• is such that it does not adversely impact on or create a conflict of interest with the staff member's University duties.

Prior approval for such work is required when the work is to be undertaken at a time when the staff member would normally be expected to be available for University duties. In those circumstances, the Head of Department may only approve the work if there is no conflict of interest with the staff member's University duties, and there is full disclosure of the nature of work to be undertaken.

Where paid outside work not associated with the staff member's normal duties is undertaken, whether approved by the Head of Department or not, the staff member must not:

• represent him or herself as a staff member from the University;

• use a University of Melbourne academic title in undertaking that work;

• use any University of Melbourne business card or stationery;

• provide to potential clients, or otherwise make use of, University telephone or fax numbers or email addresses to facilitate that work; and

• use any University equipment, staff or facilities to support that work.

13.2. Paid Outside Work Undertaken by Full-time Professional Staff

13.2.1. Preamble

Professional staff are not normally able to undertake outside work for private gain during normal business hours.

13.2.2. Policy

Full-time profssional staff are normally required to work for the University in accordance with the weekly hours of work established in the contract of employment. Paid outside work beyond these hours may be undertaken provided it does not compromise the staff member's commitment to the University. 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.

Approval may be given for paid outside work, subject to the following conditions:

• the nature of the work must not constitute a conflict of interest with the staff member's duties in the University;

• the nature of the work must not include the application for personal profit of specialist skills and knowledge developed and owned by the University or an academic staff member;

• where use of University equipment or services is contemplated, cost recoveries based on data provided by the Department of Financial Operations must be agreed;

• no responsibility for the work shall attach to the University for paid outside done by a staff member in a personal capacity. Staff members must ensure there is no financial or other risk exposure to the University as a result of the work being undertaken;

• it is the staff member's responsibility to obtain written confirmation from the body for which the work is to be carried out that it acknowledges that the staff member is carrying out the work in a personal capacity, and it releases the University from any liability to it or any of its associates which may arise in connection with the performance or non-performance of that work; and

• staff members must not carry out paid outside work unless they have in force their own personal professional indemnity and third party liability insurances at a level that is adequate to provide cover for the nature of the outside work proposed to be undertaken. Staff members who undertake paid outside work must specifically agree to indemnify the University in respect of any claim, suits or demands made by any third party arising from the outside work they undertake.

Full-time professional staff members or any entity in which they hold a principal or beneficial interest must not contract to provide goods and services to the University.

Approval for one-off activities requiring a limited time commitment may be given by the Head of Department.

Heads of Budget Division must approve all other applications for outside work.

13.3. Directorships. Members of Boards

13.3.1. Reference

Council Executive Minutes : Meeting December 2000

13.3.2. Policy

No academic or professional staff member may, without approval, become a director of a public or private company or organisation (other than those which are of a charitable or non-profit nature, or formed to deal solely with private affairs). In these circumstances, the staff member should seek approval if there is any conflict of interest between the work for the University and the board membership.

Applications for permission to hold a directorship are considered by the Vice-Chancellor, on advice from the Head of Department and Head of Budget Division concerned.

The Vice-Chancellor may grant approval to become a director if satisfied that there has been a full and complete disclosure as to the circumstances of the directorship, including and actual or potential conflict of interest, and, if satisfies, that the staff member has undertaken:

• to provide to the Head of Department further information promptly should there be a change in any of the circumstances related to the company or the directorship;

• to continue to declare his/her interest on each and every instance where there are dealings by the University with the company or any related part of the company and to alert his/her Head of Department to any potential for a conflict of interest;

• to follow the directions of his/her Head of Department as to the management of any actual or potential conflict of interest;

• to carry out the duties of the directorship and any other work for the company in accordance with the University's Paid Outside Work rules;

• to deal with any intellectual property owned by the University or assigned to the staff member by the University in accordance with the University's Intellectual Property Statute http://www.unimelb.edu.au/Statutes/s141.html.

Approval is for a maximum period of two years from the date of the letter of approval, after which approval must be sought again.

13.3.3. Procedure

An application for Approval of Directorship Form (HR36) is available at http://www.hr.unimelb.edu.au/benefits/forms.

The completed application should be submitted to the Head of Department (or Budget Unit) - or Dean or Head of Budget Division in the case of Department Heads and Budget Unit Heads respectively, or the Vice-Chancellor in the case of Deans and Budget Division Heads who will subsequently submit the application to the Vice-Chancellor, as required.

The Vice-Chancellor will advise the applicant of approval arrangements.

13.4. Consultants for National or International Bodies

^{(Section 13.2 - Last amendment: September 1993)}

13.4.1. Overview

On the recommendation of the Head of Department, a full-time member of the Academic Staff may be granted special leave to undertake work as a consultant for the United Nations and its specialised agencies or other national or international bodies.

13.4.2. Policy/Procedures

13.4.2.1. Consultancy of Less than 3 weeks

The staff member should apply for Special Leave (see Section 9.4) and would normally retain salary rights within the University.

13.4.2.2. More than 3 weeks and up to 3 months

The staff member should apply for 4 weeks Special Leave (with salary) and the remainder as Leave Without Salary (see Section 9.3), provided that leave without salary is taken for at least half the total period of absence.

13.4.2.3. More than 3 months

The staff member should apply for leave without salary for the whole period of absence.

13.4.2.4. Long Service Leave Entitlement

Long service leave entitlements for staff members granted leave without salary while consulting for national or international bodies will be subject to negotiation.

13.4.2.5. Authorisation

Applications for leave to undertake work as a consultant for national or international bodies for periods of up to 1 month are approved by the Dean.

Leave for periods of more than 1 month is approved by the Head of Budget Division.

13.5. Interdepartmental Teaching

^{(Last amendment: September 2000)}

13.5.1. Overview

Full-time members of the Academic Staff do not normally receive additional payment for teaching undertaken in the University. However, payment may be made to a staff member who has a limited involvement in a course offered by another department, faculty, or office. The following policy relates to remuneration for such teaching.

13.5.2. Policy/Procedures

13.5.2.1. Full-time Academic Staff

Where a full-time academic staff member teaches outside of his/her own Department but within this University, the staff member must request permission from his/her Head of Department. In according permission, the Head of Department must ensure that normal departmental obligations are met. In exceptional circumstances, a full-time member of staff may be compensated for interdepartmental teaching.

Requests for approval of such payment will be forwarded to the Remuneration and Employment Conditions Committee.

Created: September 1995
Last Modified: 22 October 2008
Authorised by: Web & Administrative Officer, Human Resources.