(1) The purpose of this Policy is to provide a framework for managing work for external parties (including University Consultancy and Private Outside Work) undertaken by academic and professional Staff of Macquarie University (the University). (2) This Policy applies to academic and professional staff of the University on the following basis: (3) This Policy applies when staff undertake work for external parties (including University Consultancy and Private Outside Work as defined above). Examples include but are not limited to: (4) The following types of work are excluded from the requirements of this Policy: (5) The University values external engagement and recognises the benefits consultancy and other outside work can bring. It recognises that such work can help enhance and disperse knowledge and professional expertise of our Staff and establish beneficial relationships between the University and the community. (6) The University values outside work that contributes to: (7) This Policy supports such activity and provides mechanisms for managing any risks or potential impact on the University. (8) University Staff can undertake work for an external party provided that: (9) University Consultancy is work for an external party managed commercially by the University. Any services provided by a Staff member are part of an agreement between the University and a third party, whether the Staff member is part of that agreement or not. (10) University Consultancy is preferred by the University over Private Outside Work because it ensures that there are appropriate contractual arrangements in place to deal with the interests of Staff and the University and manage risk; it provides Staff with professional indemnity insurance; and it allows the University to recognise the income and activity in pursuit of its overall goals. (11) The Deputy Vice-Chancellor (Research) Portfolio will assist in the design, budgeting and contracting of University Consultancy projects. (12) There are two categories of University Consultancy: (13) Undertaking University Consultancy must be approved prior to commencement of work by the Staff member as follows: (14) The Head of Department / Head of Office must inform the relevant Executive Group member of any approved projects and the staff member/s involved. (15) Approval must be escalated from the Head of Department / Head of Office to the relevant Executive Group member in circumstances where: (16) All University Consultancy contracts must be approved by and managed through the Deputy Vice-Chancellor (Research) Portfolio. (17) Staff undertaking a University Consultancy will normally be covered by professional and public liability insurances maintained by the University. (18) The following financial arrangements apply to a University Consultancy: (19) Any paid or unpaid involvement of professional Staff or students in a University Consultancy must be approved by the relevant authority (refer to the Approval section of this Policy) and must comply with the following conditions: (20) Any involvement of students in a University Consultancy (whether this involvement is paid or unpaid), must be approved by the relevant authority (refer to the Approval section of this Policy) and comply with the following conditions: (21) Staff must ensure that any actual, potential or perceived conflict of interest arising from the involvement of professional Staff or students is managed in accordance with the University’s Staff Code of Conduct and Conflict of Interest Policy. (22) As per Part B, University Consultancy is the form strongly preferred by the University over Private Outside Work. However, there may be exceptional circumstances where a Staff member may undertake Private Outside Work with the approval of the Executive Dean or Head of Office. (23) Examples of Private Outside Work include but are not limited to: (24) When undertaking approved Private Outside Work, Staff must: (25) In accordance with the Enterprise Agreements, an Academic Staff member whose appointment is at a time fraction of 0.8 or above must obtain approval prior to engaging in any Private Outside Work. A Professional Staff member must obtain approval prior to engaging in Private Outside Work during work time. (26) The approval authority for Private Outside Work is outlined below: (27) Applications for approval to undertake Private Outside Work must be made using the Private Outside Work Application Form. (28) Approval of Private Outside Work will be for a specified period of time and may be subject to review. (29) The approval authority will take into account alignment with the University’s strategic goals and direction and satisfactory performance of University duties by the Staff member. (30) Staff undertaking Private Outside Work are responsible for their own financial arrangements, including contracting with the relevant third party, invoicing and collections, as well as all personal tax obligations. (31) Staff undertaking Private Outside Work may not use the University’s financial systems and facilities, including University accounts, or University Staff to invoice, pursue debtors or in any way manage the funds associated with Private Outside Work. (32) Staff who undertake Private Outside Work are responsible for their own legal liability, professional indemnity and worker's compensation as appropriate in respect of that work. (33) The use of University resources in the conduct of Private Outside Work will normally be permitted only where access to such resources is available to the general public (e.g. venue bookings), unless approved otherwise by the relevant Executive Dean or Executive Director, Property Services. (34) The involvement of students or other professional Staff in Private Outside Work (whether undertaken by academic or professional Staff) is not permitted. (35) Failure to comply with this Policy, the University’s Staff Code of Conduct and/or the relevant University Staff enterprise agreement may be treated as misconduct/serious misconduct and result in disciplinary action. (36) Staff who engage in work for external parties (whether it is University Consultancy or Private Outside Work) must ensure that any actual, potential or perceived conflict of interest arising from that work is identified, disclosed and managed in accordance with the University’s Conflict of Interest Policy and the relevant University Staff enterprise agreement. (37) Any potential disclosure of University confidential information or know-how and any other intellectual property matters must be considered and dealt with in accordance with the University’s Intellectual Property Policy. (38) Any intellectual property issue that arises or is likely to arise in relation to work for an external party must be clarified in writing with the University and the Staff member before undertaking the work or, if it arises subsequently, at the earliest time possible. (39) Any deviation from the provisions of the Intellectual Property Policy must be negotiated with Macquarie Commercialisation. (40) Nil. (41) Nil. (42) The following definitions apply for the purpose of this Policy:Private Outside Work and University Consultancy Policy
Section 1 - Purpose
Scope
Categories of staff
Types of work
Exclusions
Top of PageSection 2 - Policy
Part A - Eligibility
Part B - University Consultancy
Categories of University Consultancy
Approval
Liability and insurance
Financial arrangements
Involvement of Professional Staff and students
Part C - Private Outside Work
Approval
Applicant
Approval authority
Financial arrangements
Liability and insurance
Use of University resources
Involvement of professional Staff and students
Part D - Staff Responsibilities
Conflict of interest
Confidential information and intellectual property
Section 3 - Procedures
Section 4 - Guidelines
Section 5 - Definitions
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Non-professional work or a ‘second job’
A 'second job' that is unrelated to the Staff member's academic or professional area of expertise, University duties or association with the University is exempt from the requirements of this Policy. Examples include providing services or selling products unrelated to the University, e.g. teaching a yoga class as a second job. The University does not indemnify Staff, external persons or entities, or third parties in relation to such work.
While not requiring approval for this type of work, the University expects Staff to inform their manager/supervisor of such commitments which may affect their contract of employment with the University. Such work must not impact on the performance of University duties or involve the use of University resources, infrastructure, or facilities.
Work which is part of normal academic duties
Activities which are normally associated with the academic or scholarly work and standing of an academic Staff member and which may attract a fee are not covered by this policy. These activities may include:
Clinical work
Clinical services provided as part of a Staff member’s clinical academic appointment, or provided by members of Staff in University-operated clinics, which constitutes all or part of their normal University duties, are not covered by the requirements of this policy.
Cross-entity work
Work for one of the University’s controlled entities is not covered by the policy. Staff are required to seek approval from the relevant Head of Department or Head of Office to undertake such work and ensure that it does not conflict with their University duties.
Sponsored research or contract research
Sponsored research through a major project funding, for example by the Australian Research Council (ARC) and the National Health and Medical Research Council (NHMRC), is out of scope of this Policy. Contract research, including where a request is made by industry or a community or government agency which might generate new knowledge and peer-reviewed publications is also not covered by this Policy.
Community service or volunteer work
Refer to the Staff Volunteering Leave Procedure for more information on undertaking community service or volunteer work.
Applicant
Approval authority
All Academic Staff (within workload)
Head of Department
All Academic Staff (above workload)
Executive Dean
Professional Staff HEW 1-10
Executive Dean or Head of Office (as appropriate)
Professional Staff above HEW 10
Relevant member of the Executive Group
Members of the Executive Group
Vice-Chancellor
Vice-Chancellor
Chancellor
Management of funds
Funds for a University Consultancy will be managed by the University via relevant University accounts. All financial billing and invoicing will be managed by the University in accordance with the University’s financial processes and procedures.
Indirect cost recovery
There will be indirect cost recovery on all University Consultancy in accordance with the Research Overheads and Infrastructure Costs Policy.
Payment to Staff
If the University Consultancy is performed within workload, there will be no additional remuneration for the Staff member.
If the University Consultancy is performed above workload, the Staff member will receive additional remuneration, as set by the University, through the University payroll.
Surplus funds
Subject to the approval, following completion of the project and deliverables being met, any surplus funds may be distributed to a relevant University account as per the Project and Operations Ledger Account Policy and Project and Operations Ledger Account Procedure.
All Academic Staff
Executive Dean
Professional Staff HEW 1-10
Executive Dean or Head of Office (as appropriate)
Professional Staff above HEW 10
Relevant member of the Executive Group
Members of the Executive Group
Vice-Chancellor
Vice-Chancellor
Chancellor