06.11.2014 Views

Secondary Employment and Extra-Official Activities - Sydney South ...

Secondary Employment and Extra-Official Activities - Sydney South ...

Secondary Employment and Extra-Official Activities - Sydney South ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Policy Directive<br />

<strong>Secondary</strong> <strong>Employment</strong> <strong>and</strong> <strong>Extra</strong>-<strong>Official</strong> <strong>Activities</strong><br />

Document No:<br />

Functional Sub-Group:<br />

Summary:<br />

SSW_PD2007_032<br />

Clinical Governance<br />

Corporate Governance<br />

Staff are not to engage in any form of secondary paid<br />

employment where it arises from or detracts from, or<br />

conflicts with their official duties in <strong>Sydney</strong> <strong>South</strong><br />

West Area Health Service (SSWAHS). Prior approval<br />

is required, from an Officer with appropriate<br />

delegation, to participate in outside employment <strong>and</strong><br />

business activities.<br />

SSWAHS expects that the provisions of this policy<br />

shall be complied with at all times.<br />

Approved by:<br />

Director Corporate Services<br />

Publication (Issue) Date: July 2007<br />

Next Review Date: July 2010<br />

Replaces Existing Policy: Yes (GB&M: 4.3.13, dated April 2007)<br />

Previous Review Dates: April 2007<br />

Note:<br />

<strong>Sydney</strong> <strong>South</strong> West Area Health Service (SSWAHS) was established on 1 January 2005 with<br />

the amalgamation of the former Central <strong>Sydney</strong> Area Health Service (CSAHS) <strong>and</strong> the former<br />

<strong>South</strong> Western <strong>Sydney</strong> Area Health Service (SWSAHS).<br />

In the interim period between 1 January 2005 <strong>and</strong> the release of single Area-wide SSWAHS<br />

policies (dated after 1 January 2005), the former CSAHS <strong>and</strong> SWSAHS policies were<br />

applicable as follows:-<br />

• SSWAHS Eastern Zone : CSAHS<br />

• SSWAHS Western Zone: SWSAHS<br />

Compliance with this policy directive is m<strong>and</strong>atory Page 1 of 11


<strong>Sydney</strong> <strong>South</strong> West Area Health Service<br />

Policy No: SSW_PD2007_032<br />

Date Issued: July 2007<br />

SECONDARY EMPLOYMENT AND EXTRA-OFFICIAL ACTIVITIES<br />

Contents<br />

1. Introduction<br />

2. Fees or Remuneration for <strong>Secondary</strong> <strong>Employment</strong><br />

3. Guidelines with Respect to Specific <strong>Activities</strong><br />

3.1 Appearance in Radio <strong>and</strong> Television Programs or Interviews with Media<br />

3.2 Publications<br />

3.3 Volunteer Fire Fighting <strong>and</strong> State Emergency Services<br />

3.4 The Employee as a Private Employer<br />

3.5 Contesting State or Federal Elections<br />

4. References<br />

ATTACHMENT 1:<br />

<strong>Secondary</strong> <strong>Employment</strong> – Application Form [to obtain approval to<br />

undertake secondary employment (for All Staff excluding Staff<br />

Specialists)]<br />

ATTACHMENT 2: Staff Specialist – Application Form for <strong>Secondary</strong> <strong>Employment</strong> /<br />

Participation in an Outside Business [for Full-time Staff Specialists]<br />

ATTACHMENT 3: Staff Specialist – Notification Form for <strong>Secondary</strong> <strong>Employment</strong> /<br />

Participation in an Outside Business [for Part-time Staff Specialists]<br />

Compliance with this policy directive is m<strong>and</strong>atory Page 2 of 11


<strong>Sydney</strong> <strong>South</strong> West Area Health Service<br />

Policy No: SSW_PD2007_032<br />

Date Issued: July 2007<br />

SECONDARY EMPLOYMENT AND EXTRA-OFFICIAL ACTIVITIES<br />

1. Introduction<br />

Staff are not to engage in any form of secondary paid employment where it arises<br />

from or detracts from, or conflicts with their official duties in <strong>Sydney</strong> <strong>South</strong> West Area<br />

Health Service (SSWAHS). Prior approval is required, from an Officer with<br />

appropriate delegation, to participate in outside employment <strong>and</strong> business activities.<br />

Part-time staff specialists who have outside business activities are required to notify<br />

their facility/service of those activities.<br />

SSWAHS expects that the provisions of this policy shall be complied with at all<br />

times. Failure by an employee to do so may result in disciplinary action being taken.<br />

The risks addressed by this policy:<br />

• Potential Conflicts of Interests<br />

• Safe Work Hours<br />

The aims / expected outcomes of this policy:<br />

To provide guidance for managers <strong>and</strong> staff with respect to any form of<br />

secondary paid employment.<br />

In summary:<br />

• General Managers have delegated authority to approve or decline<br />

applications from staff seeking approval to engage in secondary employment<br />

or extra-official activities including lecturing, tutoring <strong>and</strong> demonstration work.<br />

• Approval to engage in secondary employment other than in the employee's<br />

own time will not be granted.<br />

• An employee seeking approval to engage in secondary employment or to<br />

significantly vary existing approvals must submit written information<br />

concerning the nature of the employment <strong>and</strong> the time involved.<br />

• Staff may obtain the relevant secondary employment application form from<br />

the Human Resource (HR) Department or from the Forms section of<br />

SSWAHS Intranet.<br />

• Subject to the General Manager being satisfied that no conflict of interest is<br />

involved with the proposed secondary employment, <strong>and</strong> that the employee's<br />

work performance in their Area Health Service position is unlikely to be<br />

adversely affected, approval should not be withheld.<br />

Compliance with this policy directive is m<strong>and</strong>atory Page 3 of 11


<strong>Sydney</strong> <strong>South</strong> West Area Health Service<br />

Policy No: SSW_PD2007_032<br />

Date Issued: July 2007<br />

2. Fees or Remuneration for <strong>Secondary</strong> <strong>Employment</strong><br />

Monies received by an employee for undertaking activities, either during or outside<br />

normal working hours, which are part of that employee's duties <strong>and</strong> responsibilities<br />

within SSWAHS, must be refunded in full to the Area Health Service.<br />

Monies received by employees for undertaking activities which are not part of their<br />

normal duties shall be refunded in full to the Area Health Service where:<br />

• the activity is during normal working hours <strong>and</strong> the employee is considered to<br />

be on duty <strong>and</strong>/or acting as a representative of the facility<br />

• the activity is outside normal working hours but the employee is acting as a<br />

representative of the facility<br />

Monies received by employees for undertaking activities which are not part of their<br />

normal duties may be retained by them, where:<br />

• the activity is outside normal hours; or<br />

• the activity is during normal working hours but the employee is on leave<br />

without pay; <strong>and</strong><br />

• the employee is not acting as a representative of SSWAHS, or the facility in<br />

which they are employed.<br />

3. Guidelines with Respect to Specific <strong>Activities</strong><br />

3.1 Appearance In Radio <strong>and</strong> Television Programs or Interviews with Media<br />

All media contact <strong>and</strong> press releases must be approved by the Chief<br />

Executive.<br />

Approval is not required where staff are to appear in casual radio or television<br />

programs, the subject matter of which is not related to their normal duties, the<br />

facility or any other Government Agency. Such instances include<br />

appearances on game shows, current affairs programs, or performances<br />

where the person has musical or other particular talents.<br />

3.2 Publications<br />

Staff may write books or articles for magazines <strong>and</strong> the like, provided they are<br />

not related to, nor is there any interference with, official duties.<br />

If the work is related to the employee's duties or contains information obtained<br />

in the course of such duties, approval to publish must be obtained from the<br />

Chief Executive prior to publication. Excluded from this requirement is the<br />

preparation or submission of scientific articles related to a staff member’s<br />

duties.<br />

3.3 Volunteer Fire Fighting <strong>and</strong> State Emergency Services<br />

Staff wishing to join the Volunteer Fire Brigade or the State Emergency<br />

Service are required to make application in the usual manner. Such<br />

Compliance with this policy directive is m<strong>and</strong>atory Page 4 of 11


<strong>Sydney</strong> <strong>South</strong> West Area Health Service<br />

Policy No: SSW_PD2007_032<br />

Date Issued: July 2007<br />

applications may be approved provided the General Manager is satisfied that<br />

no undue inconvenience to the facility will result. Any remuneration received<br />

for this work may be retained.<br />

3.4 The SSWAHS Employee as a Private Employer<br />

Where an employee acts as a private employer of others, approval must be<br />

sought where such activities have the potential to conflict with official duties or<br />

where it may be seen to be arising from their official duties.<br />

Employees may obtain the relevant secondary employment application form<br />

from the HR Department or from the Forms section of SSWAHS Intranet.<br />

3.5 Contesting State or Federal Elections<br />

The conditions under which an employee may contest State elections are<br />

prescribed by the Constitution (Public Service) Amendment Legislation, which<br />

provides that:<br />

• any employee intending to contest a State election must in the first<br />

instance notify his or her respective Chief Executive; <strong>and</strong><br />

• when an employee is st<strong>and</strong>ing for election to State Parliament, he or she<br />

is not required to resign until declared elected. However, managers<br />

should advise employees who are intending to nominate as c<strong>and</strong>idates to<br />

consider appropriate leave arrangements to cover the election period.<br />

As well as the above two provisions, the conditions under which an employee<br />

may contest Federal elections are prescribed by Section 44(iv) Australian<br />

Constitution, which provides that: Government employees must resign from<br />

their positions before they can nominate for election to the Commonwealth<br />

Parliament. The last day of service must be no later than the day prior to the<br />

closing date for nominations.<br />

The New <strong>South</strong> Wales Public Service (Commonwealth Elections) Legislation<br />

provides that an employee who resigns to contest a Federal election <strong>and</strong> fails<br />

to be elected, <strong>and</strong> who makes written application for re-appointment within 2<br />

months of the declaration of the poll, is entitled to re-appointment to an<br />

equivalent <strong>and</strong> remuneration level.<br />

4. References<br />

• Legislative Compliance: Organisation, Management <strong>and</strong> Staff Obligations -<br />

SSW_PD2007_005<br />

• Code of Conduct – SSW_PD2007_001<br />

• Recruitment <strong>and</strong> Selection – The Selection Committee – SSW_PD2007_019<br />

• Relevant NSW Health Policies which underpin SSWAHS policies are at<br />

http://www.health.nsw.gov.au/policies/index.html<br />

Compliance with this policy directive is m<strong>and</strong>atory Page 5 of 11


Attachment 1:<br />

<strong>Secondary</strong> <strong>Employment</strong> – Application Form<br />

[to obtain approval to undertake secondary employment<br />

(for all staff excluding staff specialists)]<br />

APPLICANT’S DETAILS (in relation to their employment in SSWAHS)<br />

Surname: ____________________________________ Name:____________________________________<br />

Facility Name: __________________________________________________________________________<br />

Department:____________________________________________________________________________<br />

Employee Number: _______________________Classification:___________________________________<br />

Position/Title: ___________________________________________________________________________<br />

Department/Ward/Unit: _____________________________________Hours worked:___________________<br />

Brief Description of Role / Responsibilities <strong>and</strong> shifts worked in SSWAHS:<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

APPLICANT’S SECONDARY EMPLOYMENT DETAILS<br />

Name of <strong>Secondary</strong> Employer: ______________________________________________________________<br />

Hours / Days to be worked in secondary employment:<br />

Hours / week: _______ Days to be Worked: ____________________________________________<br />

Brief Description of <strong>Secondary</strong> <strong>Employment</strong>:<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

Brief explanation as to why approval is being sought to undertake secondary employment (optional)<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

DECLARATION STATEMENT:<br />

“I, _______________________acknowledge that I underst<strong>and</strong> that any second job or business I undertake<br />

will be done in my own time, will not adversely affect my SSWAHS work, will not lead to conflict of interest,<br />

will not involve SSWAHS resources, <strong>and</strong> will not involve the use of SSWAHS information”.<br />

Signed: ____________________________________________ Date: ______________________________


Attachment 1: <strong>Secondary</strong> <strong>Employment</strong> – Application Form<br />

[to obtain approval to undertake secondary employment (for all staff excluding staff specialists)]<br />

SUPERVISOR / MANAGER’S Recommendations / Comments<br />

Supervisor’s / Manager’s Title: ______________________________________________________________<br />

Printed Name:__________________________________Signature:___________________Date:__________<br />

Recommended / Not Recommended (Delete whichever is not applicable)<br />

Comments:<br />

______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

FACILITY HUMAN RESOURCE DEPARTMENT’S Recommendations / Comments<br />

Title: ____________________________ Signature: __________________________ Date:______________<br />

Recommended / Not Recommended (Delete whichever is not applicable)<br />

Comments:<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

GENERAL MANAGER’S Recommendations / Comments<br />

Approved / Not Approved<br />

Signature: _________________________________________________Date:_________________________<br />

Comments:<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

_______________________________________________________________________________________<br />

Please Note - please return this completed form to the Human Resources Department for further action<br />

<strong>and</strong>/or filing in the staff member’s Employee file.


Attachment 2<br />

Staff Specialist – Application Form for <strong>Secondary</strong><br />

<strong>Employment</strong>/Participation in an Outside Business<br />

[for full-time staff specialists]<br />

I am employed as a full-time staff specialist <strong>and</strong> I am writing to seek approval to participate in an Outside<br />

Practice in terms of the provisions of Clause 15 of the Staff Specialists (State) Award (the “Award”).<br />

Surname: ____________________________________ First Name(s):______________________________<br />

Facility Name: __________________________________________________________________________<br />

Department:____________________________________________________________________________<br />

Employee Number: _______________________Classification:___________________________________<br />

1) I certify that the Outside Practice:<br />

………………………………………………………………………………………………………………<br />

(Name of the Outside Practice)<br />

located at…… ………………………..……..………………………………………………………....…<br />

(the “Outside Practice”)<br />

will not conflict with my commitments in providing normal duties or on call requirements as a full time<br />

Staff Specialist / Medical Practitioner in the provision of services to public patients <strong>and</strong> / or to services<br />

provided by the <strong>Sydney</strong> <strong>South</strong> West Area Health Service at:<br />

…….………………………………………………………………………………………………….<br />

…….………………………………………………………………………………………………….<br />

(Please name all <strong>Sydney</strong> <strong>South</strong> West Area Health Service hospitals / services where you are employed to perform<br />

work)<br />

2) I certify that my participation in the Outside Practice will not conflict with my obligations under the Code<br />

of Conduct issued by the NSW Department of Health, as varied from time to time.<br />

3) I certify that I will only participate in the Outside Practice on the days <strong>and</strong> between the hours listed<br />

below <strong>and</strong> I will immediately notify my General Manager / Area Service Director of any change to this<br />

pattern.<br />

Day(s)<br />

Hours<br />

Monday From: To:<br />

Tuesday From: To:<br />

Wednesday From: To:<br />

Thursday From: To:<br />

Friday From: To:<br />

Saturday From: To:<br />

Sunday From: To:


Attachment 2<br />

Staff Specialist – Application Form for <strong>Secondary</strong> <strong>Employment</strong> / Participation in an Outside Business<br />

[for full-time staff specialists]<br />

Please provide details of any on call arrangements with the Outside Practice:<br />

………………………………………………………………………………………………………………<br />

………………………………………………………………………………………………………………<br />

………………………………………………………………………………………………………………<br />

………………………………………………………………………………………………………………<br />

4) I certify that any referrals to me when undertaking my functions in the Outside Practice will be at ‘full<br />

arms length’ <strong>and</strong> in accordance with the provisions of the Health Insurance Act or its equivalent from<br />

time to time.<br />

5) I accept that:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

The income generated whilst engaged in outside practice pursuant to Clause 15 of the Award<br />

will be retained exclusively by me <strong>and</strong> I am under no obligation to provide records regarding<br />

the income generated pursuant to Clause 15 of the Award (unless otherwise required by law);<br />

I will be/am liable for all expenses incurred whilst engaged in outside practice including<br />

professional indemnity insurance, administration, facility costs <strong>and</strong> any other expenses arising<br />

from the conduct of such practice;<br />

The use of any of the <strong>Sydney</strong> <strong>South</strong> West Area Health Service’s employees, equipment or<br />

other resources in conducting outside practice is not permitted unless approved by the Chief<br />

Executive;<br />

<strong>Sydney</strong> <strong>South</strong> West Area Health Service may terminate an approval to work in Outside<br />

Practice with reasonable notice.<br />

I will complete a new form at the time of my annual performance review, unless there are any<br />

changes in the interim. I will immediately notify my General Manager / Area Service Director of<br />

any changes.<br />

6) A breach of this agreement or the provisions of Clause 15 of the Award will be dealt with pursuant to<br />

Clause 3 of the Award.<br />

Signed by the Applicant: ………………………………………… Date: ………………………………………<br />

General Manager / Area Service Director<br />

Approved / Not approved<br />

If applicable, specify the date on which the approval expires: …………………….…………………………………<br />

Name: ……………….……………………………………………………Date: ……..………………………………..<br />

cc:<br />

Applicant<br />

HR Department


Attachment 3<br />

Staff Specialist – Notification Form for <strong>Secondary</strong><br />

<strong>Employment</strong>/Participation in an Outside Business<br />

[for part-time staff specialists]<br />

I am employed as a part-time staff specialist <strong>and</strong> I am writing to advise of my Outside Practice in terms of the<br />

provisions of Clause 15 of the Staff Specialists (State) Award (the “Award”).<br />

Surname: ____________________________________ First Name(s):______________________________<br />

Facility Name: __________________________________________________________________________<br />

Department:____________________________________________________________________________<br />

Employee Number: _______________________Classification:___________________________________<br />

1) I certify that the Outside Practice:<br />

………………………………………………………………………………………………………………<br />

(Name of the Outside Practice)<br />

located at…… ………………………..……..………………………………………………………....…<br />

(the “Outside Practice”)<br />

does not conflict with my commitments in providing normal duties or on call requirements as a part time<br />

Staff Specialist / Medical Practitioner in the provision of services to public patients <strong>and</strong> / or to services<br />

provided by the <strong>Sydney</strong> <strong>South</strong> West Area Health Service at:<br />

Day(s) Hospital /Facility Hours<br />

Monday From: To:<br />

Tuesday From: To:<br />

Wednesday From: To:<br />

Thursday From: To:<br />

Friday From: To:<br />

Saturday From: To:<br />

Sunday From: To:<br />

(Name all <strong>Sydney</strong> <strong>South</strong> West Area Health Service hospitals <strong>and</strong> facilities where you are employed to perform work)<br />

2) I certify that my participation in the Outside Practice will not conflict with my obligations under the Code<br />

of Conduct issued by the NSW Department of Health, as varied from time to time.<br />

3) I certify that I will only participate in the Outside Practice on the days <strong>and</strong> between the hours listed<br />

below <strong>and</strong> I will immediately notify my General Manager / Area Service Director of any change to this<br />

pattern.<br />

Day(s)<br />

Hours<br />

Monday From: To:<br />

Tuesday From: To:<br />

Wednesday From: To:<br />

Thursday From: To:<br />

Friday From: To:<br />

Saturday From: To:<br />

Sunday From: To:


Attachment 3<br />

Staff Specialist – Notification Form for <strong>Secondary</strong> <strong>Employment</strong> / Participation in an Outside Business<br />

[for part-time staff specialists]<br />

Please provide details of any on call arrangements with the Outside Practice:<br />

………………………………………………………………………………………………………………<br />

………………………………………………………………………………………………………………<br />

………………………………………………………………………………………………………………<br />

………………………………………………………………………………………………………………<br />

4) I certify that any referrals to me when undertaking my functions in the Outside Practice will be at ‘full<br />

arms length’ <strong>and</strong> in accordance with the provisions of the Health Insurance Act or its equivalent from<br />

time to time.<br />

5) I accept that:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

The income generated whilst engaged in outside practice pursuant to Clause 15 of the Award<br />

will be retained exclusively by me <strong>and</strong> I am under no obligation to provide records regarding<br />

the income generated pursuant to Clause 15 of the Award (unless otherwise required by law);<br />

I will be/am liable for all expenses incurred whilst engaged in outside practice including<br />

professional indemnity insurance, administration, facility costs <strong>and</strong> any other expenses arising<br />

from the conduct of such practice;<br />

The use of any of the <strong>Sydney</strong> <strong>South</strong> West Area Health Service’s employees, equipment or<br />

other resources in conducting outside practice is not permitted unless approved by the Chief<br />

Executive Officer;<br />

I will complete a new form at the time of my annual performance review, unless there are any<br />

changes in the interim. I will notify my General Manager / Area Service Director of any<br />

changes.<br />

6) A breach of this agreement or the provisions of Clause 15 of the Award will be dealt with pursuant to<br />

Clause 3 of the Award.<br />

7) I will notify the facility General Manager / Area Service Director of any change in the above<br />

arrangements<br />

Signed by the Applicant: ………………………………………… Date: ………………………………………<br />

General Manager / Area Service Director<br />

Noted: …………………………………………………………….<br />

Date: ………………………….……………….<br />

Name: ……………….……………………………………………<br />

Date: ……..………………………………..…..<br />

cc:<br />

Staff Specialist<br />

HR Department

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!