Other Employment
Employees may engage in other employment where the activity does not conflict with their role as a public sector employee or could involve a conflict of interest. Other employment includes a second job, conducting a business, trade or profession, or active involvement with other organisations (paid employment or voluntary work).
A conflict of interest in the public sector exists where there is a conflict between an employee’s public duties and responsibilities, and their private interests. It may be actual, potential or perceived.
If an employee is unsure about a possible conflict of interest they should seek advice from their Principal/Manager. For more information, see the Conflict of Interest topic under Related Topics below.
Full time employees require express permission to engage in any paid employment outside the Department or engage in the conduct of a business, profession or trade. Part time employees may not engage in paid employment outside the Department or in the conduct of a business, profession or trade that conflicts with the proper performance of the employee’s duties.
As a general rule permission to engage in other employment that arises from or is associated with an employee’s official duties will not be granted. For example permission will not generally be given to school based employees for coaching (either privately or in colleges) or teaching in non-government schools. Similarly permission will not generally be given for an employee employed in a professional capacity to conduct a private practice in the same profession. Circumstances where permission may be given could include when the private practice is with a different client group or where it is necessary to maintain clinical nursing registration. Where the prospective employer is a school council, or a contractor engaged by a school council or the Department, permission will not generally be given to engage in that employment if there is a perceived bias or unfair advantage to the employee in gaining the position over other applicants.
Generally permission to engage in other employment is not required in such cases as:
- holding shares (or an interest in shares) in a company or becoming a member of an incorporated company or company or society of persons registered under any Act of Parliament
- honorary work in connection with sporting bodies, social services and community affairs
- writing occasional articles, poems, short stories and short plays for publication
- hobbies, provided that the hobby does not involve involvement in commercial/business activities
- teaching in Sunday schools and lay preaching
- occasional employment at polling booths during State and Commonwealth elections
- occasional television appearances or radio broadcasts in an honorary capacity.
Employees are required to seek permission from their Principal/Manager to engage in other paid employment or carry on a business, profession or trade. An application must be made in writing prior to the commencement of any employment and in sufficient time to enable the request to be considered and determined beforehand. Applications to engage in other employment should include the following information:
- details of the nature of the other employment, including the location and likely hours of work
- the remuneration expected (if any)
- if the application relates to publishing a book, a summary of the proposed publication must be attached
- expected duration of the employment.
In considering an application to engage in other employment, the following will be considered:
- whether the proposed employment will be performed outside the employee’s normal hours of duty
- whether the proposed employment is likely to adversely affect the employee’s ability, capacity or credibility to perform their duties
- whether the proposed employment would give rise to an actual or perceived conflict of interest
- whether the employee has access to Departmental information sources not available to the public that are of relevance to the outside employer
- whether there is potential, without official permission, for using the Department’s intellectual property with an outside employer.
Employees granted permission to engage in outside employment are required to inform their Principal/Manager of any material change in the nature or circumstances of the outside employment for which approval has been given. Permission given to an employee to engage in outside employment may be withdrawn by notice in writing to the employee.
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Legislation
Related Topics