Consultancy and Outside Work Policy
Responsible officer: Deputy Vice-Chancellor
Designated officer: Director, Teaching and Research Services
Council approval: C06/24, 21 February 2006
Last amended: C06/109, 10 October 2006
Related policies:
Overview
Consultancy and outside work can provide community access to the extensive skills and experience of the University's staff, help to build valuable links with industry, government and the community, help staff to maintain the currency of their professional knowledge, and generate funding for investment in the University's educational, research, and regional engagement programs.
The University encourages its staff to undertake consultancies to support the achievement of the University's objectives, including the advancement of the professional expertise of staff.
The objectives of this policy are:
- to encourage staff participation in consultancies and outside work that bring opportunities and benefits to the University, its staff and the community
- to facilitate the negotiation of consultancy contracts that conform to relevant laws; and
- to provide an appropriate framework for the management of consultancies and outside work.
Policy
1. Definitions
1.1 University Consultancy means professionally based activity undertaken by University staff involving the use of the University's name and resources for the provision of services and products to external parties in exchange for remuneration or other consideration paid to the University.
1.2 Private Consultancy means activity undertaken by University staff in areas unrelated to the staff member's substantive position at the University that does not involve the use of the University's name or resources for the provision of services and products to external parties in exchange for remuneration or other consideration paid to the individual by an external party.
1.3 Outside Work means professionally based activity undertaken by University staff in areas related to the staff member's substantive position at the University for the provision of services and products to external parties in exchange for remuneration or other consideration paid to the individual by an external party.
1.4 Research means "creative work undertaken on a systematic basis in order to increase the stock of knowledge". The Australian Bureau of Statistics (ABS) further classifies R&D into four types of activity: pure basic research; strategic basic research; applied research including new ways of achieving specific and predetermined objectives such as clinical practice; and experimental development including creative work and performance insofar as they directly relate to original basic and applied research.
1.5 Conflict of Interest means a staff member is in a position to influence decisions of the University that may favour the staff member personally, their associates or some other business activity or interest of the staff member; or where a staff member is in a position of influence in a business which may provide goods or services to the University or is dealing in the same type of goods or services as that area of the University in which the staff member works.
2. Scope of policy
2.1 All university consultancy, private consultancy and outside work activities as defined in this policy, undertaken by teaching and research (T&R), administrative, professional and technical (APT), full or part time, continuing or fixed term staff employed by the University, are governed by this policy.
2.2 The policy does not apply:
2.2.1in the case of royalties derived from the production of creative art works and publications,
2.2.2 in the case of activity classified as research, community service and other activities for which a small honorarium may be received (eg examination of theses and refereeing of journal articles or grant submissions), or
2.2.3 in the case of sitting fees or payments received for membership of such bodies as government tribunals or government or company boards of management or boards of directors.
3. Responsibilities
3.1 University staff may undertake university consultancy, private consultancy and outside work (as defined in this policy) only with the approval of the University Council.
3.2 The University Council has delegated the approval of university consultancy, private consultancy and outside work to the Deputy Vice-Chancellor.
3.3 Cost centre managers are responsible for dissemination of information and education in relation to this policy.
4. University consultancy
4.1 The terms and conditions of university consultancies must be documented in a written contract between the University and the client that must, among other things, detail arrangements related to ownership of intellectual property and any confidentiality and publication restrictions. The University Council has delegated the signing of university consultancy contracts to the Deputy Vice-Chancellor.
4.2 Staff undertaking university consultancies act as agents of the University.
4.3 The University accepts liability for the conduct of university consultancies and provides professional indemnity cover for staff members undertaking university consultancies to the normal limit and under the regular conditions of the University's insurance policies.
4.4 Where staff undertake university consultancies in addition to full workloads, cost centre managers may provide resources to relieve staff members in such situations from part of their normal duties, and/or reimburse staff members in such situations for their additional work at up to their normal salary level, excluding on-costs and infrastructure multipliers.
4.5 Where university consultancies could also be undertaken by other professionals on a commercial basis, fees charged should be comparable to normal professional fees and be in accordance with any legislative requirements. In particular circumstances where it can be demonstrated to be consistent with the community service role of the University, lesser fees may be charged.
4.6 University consultancy contracts are filed in the University Records Management System and project accounts are opened. The University invoices university consultancy clients according to the payment schedule identified in contracts and the consultancy fees paid by clients are credited to project accounts.
4.7 All direct costs associated with carrying out university consultancies, such as administrative and technical costs, charges for the use of equipment or space, provision of data services, consumables and salaries and on-costs for staff hired specifically for the purpose of undertaking or contributing to the consultancy but excluding the salaries and on-costs of staff undertaking university consultancies as part of their substantive duties, will be paid from income generated by university consultancies before any of the remaining income is distributed.
4.8 Except with the approval of the Deputy Vice-Chancellor, net proceeds from university consultancies, after all direct costs have been paid, will be distributed from project accounts as follows:
- Staff member/Research Institute or Centre/Cost Centre 70% (at the discretion of the relevant Cost Centre Manager)
- Cost Centre 20%
- Central University Fund (managed by the Deputy Vice-Chancellor) 10%
4.9 Staff may elect to receive the proceeds from university consultancies by direct payment through the University payroll that will form part of their taxable income, or contribute the proceeds to a University restricted account for use in ways that benefit both the University and individual staff, for example, through defraying the costs of conference participation, travel and the purchase of work-related equipment.
4.10 Within the parameters of 4.8 and 4.9 there is no monetary limit on the earnings that staff can accrue through university consultancies.
4.11 A special purpose account will be established, with the approval of the relevant cost centre manager, for staff electing to contribute university consultancy proceeds to a University account. In these circumstances, at the conclusion of university consultancies, university consultancy project accounts will be closed and the net proceeds from the university consultancy transferred to these special purpose accounts as well as the appropriate cost centre account and the central University fund.
4.12 Staff may be directed to undertake particular University consultancies. Subject to the approval of the Deputy Vice-Chancellor, such University consultancies are regarded as part of normal staff employment. Under these circumstances the consultancy may comprise the full workload of the staff member or may be considered under 4.4 above.
5. Private consultancy
5.1 As indicated in the definitions above, private consultancy refers to activity undertaken by University staff in areas unrelated to their substantive position at the University.
5.2 Staff may, with the prior written approval of the Deputy Vice-Chancellor on the recommendation of the relevant cost centre manager, expend an average of up to two (2) hours per week of the time that is allowed for normal duties on private consultancies.
5.3 Staff may undertake private consultancies that exceed the time restriction referred to in 5.2 above only after receiving the written consent of the Deputy Vice-Chancellor on the recommendation of the relevant cost centre manager.
5.4 Consent to undertake private consultancies will not be given for work in areas related to the staff member's substantive position at the University.
5.5 Consent to undertake private consultancies may be granted only to staff deemed to be performing their normal duties in accordance with their contract of employment, where performance of private consultancies will not adversely affect staff performance of normal duties, and where private consultancies will not establish a real or potential and unreasonable or unmanageable conflict of interest.
5.6 Where approval for private consultancies is granted, there is no monetary limit on the earnings that staff can accrue through private consultancies.
5.7 Consent to undertake private consultancies will not be granted where the private consultancy may involve practices that are contrary to the best interests of the University.
5.8 Staff undertaking private consultancies are acting as private individuals and are not agents of the University.
5.9 The University's name and resources may not be used for the purposes of private consultancies.
5.10 The University accepts no liability for staff or any corporate entity undertaking private consultancies and will not provide professional indemnity cover. Staff undertaking private consultancies are advised to ensure adequate cover for personal or corporate liability.
5.11 Moneys received by any staff member for private consultancy may not be deposited in any University financial account.
6. Outside work
6.1 As indicated in the definitions above, outside work refers to activity undertaken by University staff in areas related to their substantive position at the University.
6.2 Staff may, with the prior written approval of the Deputy Vice-Chancellor on the recommendation of the relevant cost centre manager, expend an average of up to two (2) hours per week of the time that is allowed for normal duties on outside work activities.
6.3 Staff may undertake specified outside work that exceeds the time restriction referred to in 6.2 above only after receiving the written consent of the Deputy Vice-Chancellor on the recommendation of the relevant cost centre manager.
6.4 Consent to undertake outside work may be granted only to staff deemed by the relevant cost centre manager and the Deputy Vice-Chancellor to be performing their normal duties in accordance with their contract of employment, and where the outside work will not adversely affect the staff member's performance of normal duties.
6.5 Consent to undertake outside work may be granted only where the outside work will not establish a real or potential and unreasonable or unmanageable conflict of interest. Consent to undertake outside work will not be granted where the outside work may involve practices that are contrary to the best interests of the University.
6.6 Staff will normally be required to take leave without pay in order to undertake outside work that exceeds the time restrictions referred to in 6.2 above. In particular circumstances where the outside work is deemed by the Deputy Vice-Chancellor to be of strategic importance to the University, approval may be granted for staff to undertake outside work without having to take leave without pay.
6.7 Where approval is granted, there is no monetary limit on the earnings that staff can accrue through outside work.
6.8 Staff undertaking outside work while on leave without pay from the University are acting as private individuals and are not agents of the University.
6.9 The University accepts no liability for staff undertaking outside work while on leave without pay and will not provide professional indemnity cover. Staff undertaking outside work under such conditions are advised to ensure adequate cover for personal or corporate liability.
6.10 The University accepts no liability for any corporate entity through which staff undertake outside work.
6.11 Moneys received by any staff member for outside work may not be deposited in any University financial account.
7. Conflicts of interest
Staff undertaking private consultancy or outside work must avoid situations where there is, or may reasonably be perceived to be, an unreasonable or unmanageable conflict of interest.
8. Record-keeping, monitoring and reporting
The University will make a record of all types of consultancy, outside work and memberships of tribunals and external boards of management or boards of directors and will monitor the extent of consultancy and outside work activity undertaken on the University's behalf and in its name to enable the University to meet its legal and reporting requirements.
9. Dispute resolution
Disputes over the implementation of this policy will be referred to the Vice-Chancellor and where they are unable to be resolved at this level will be referred for resolution to the Council. If they remain unresolved they will be dealt with under appropriate sections of any applicable registered workplace agreement.
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