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