Paid Outside Work - FAQs
The following guide answers the frequently asked questions about the Paid Outside Work policy and the process of obtaining approval. The FAQs fall under the following topics:
- General Information
- The Policy
- The Application Process
- Financial Arrangements
- Records and Reporting
For further information please contact your HR Representative.
Where can I find the policy?
The policy in its entirety is available on the UNSW website at http://www.gs.unsw.edu.au/policy/documents/powpolicy.pdf
Where can I find the Application for Approval to Undertake Paid Outside Work form?
The application form is only available online through myUNSW (https://my.unsw.edu.au/), and can only be accessed by academic staff. Further information and advice on using myUNSW is available at: http://www.hr.unsw.edu.au/online/myunsw.html. A guide to using the online Paid Outside Work application is available at www.hr.unsw.edu.au/services/indrel/pow.html
NOTE: commencing November 2013, the myUNSW application form is NOT REQUIRED where University Paid Outside Work is undertaken as part of a research project managed by the Division of Research. Approval will instead be obtained via the acceptance form for the research project prepared by the Division of Research. If you need clarification please contact: email@example.com
Where do I go for further assistance and advice?
The Human Resources website contains information on the policy and requirements for UNSW staff – www.hr.unsw.edu.au/services/indrel/pow.html This site contains links to FAQ, information sheets and other supporting documents. If you need further information you can contact Maureen Pitts (HR Consultant) on 9385 0728 / firstname.lastname@example.org or the Divsion of Research, Grants Management Office: email@example.com
Who does the policy apply to?
The policy applies to all continuing and fixed term full-time staff. Part-time staff and those with Visiting, Adjunct or Conjoint appointments are bound by the policy in circumstances where the work performed is associated with the University or when University facilities are used. The policy also applies to staff on Special Studies Programs and Internal Release (see section 1.2 of the policy).
Does the policy apply to Emeritus Professors?
No. Emeritus Professors are not bound by the UNSW Policy on Paid Outside Work by Academic Staff.
Can Professional staff undertake Paid Outside Work?
No, there is currently no provision for Professional staff to engage in paid outside work. Some Professional & Technical staff may allowed to have a “second job” providing that it does not interfere with or prejudice the performance of their duties and obligations to the University. Professional staff should refer to their letter/contract of employment and/or the Enterprise Agreement, or contact Human Resources for further information.
What are the different categories of Paid Outside Work?
Paid Outside Work falls into three categories:
- University Paid Outside Work (UPOW - see section 2 of the policy) is managed by UNSW or its controlled entities and may involve the use of University resources. Academic staff undertaking University Paid Outside Work will normally be covered by professional and public liability insurances maintained by the University and/or its controlled entities. From 1 April 2011, the UNSW Division of Research will manage consulting projects, and any associated UPOW, undertaken by UNSW employees and/or affiliates. Commencing November 2013, requests for University Paid Outside Work undertaken as part of a research project managed by the Division of Research will be approved via the acceptance form for the research project prepared by the Division of Research. If you need clarification please contact: firstname.lastname@example.org
- Private Paid Outside Work (PPOW - see section 3 of the policy) is undertaken by staff in a private capacity, does not involve the use of University resources (unless these are generally available and usage will charged at the same cost as to the public), and is not associated with the University. Staff are responsible for their own professional indemnity and public liability insurance and for all of their own financial and taxation arrangements.
- Directorships and Partnerships (see section 4 of the policy) (other than those where a staff member is nominated to a Board by the University) fall within the policy on Paid Outside Work by Academic Staff if the arrangement is work-related or the company is to be used in outside earnings activities.
What types of work are not considered to be paid outside work?
Second jobs (unrelated to the staff member’s academic standing or employment at UNSW) and work which forms part of the normal duties of an academic staff member (such as examining theses and editing scholarly papers) are not considered to be Paid Outside Work, and as such the policy does not apply to these activities (see section 1.2.5 of the policy).
Are there any types of paid outside work which are not allowed?
Staff cannot undertake paid outside work which involves the private tuition of UNSW students, competes with services provided by UNSW, or is solicited by a staff member through any form of paid advertisement (see section 1.2.6 of the policy).
Are there any limits on the amount of paid outside work I can undertake?
Yes. You may undertake paid outside work up to an average of one day per week over a calendar year, however permission to use this time allowance will only be granted where the conditions for approval are satisfied. This includes the requirement that you are satisfactorily performing your normal duties of employment, you are research active, and the work does not interfere with any of your other duties at UNSW (see section 1.4 of the policy).
I have my own company – does the policy apply to any work I do through my company?
Employees of the University cannot usually undertake University Paid Outside Work through their own separate company, as they have an existing employment relationship with the University. It may be possible to use your company to conduct work independently of the University(Private Paid Outside Work) with prior approval.
What other documentation should I submit with a Private Paid Outside Work application?
Section 1.3.3 of the policy requires that “The University must be adequately indemnified for any loss or damage that might arise from the undertaking of the outside work.” For Private Paid Outside work, this usually consists of a letter from all other parties to the Paid Outside Work acknowledging that the University is not responsible for and does not provide any implied or expressed warranty or guarantee in respect of the work.
What must I do to ensure that the work I wish to undertake is not competing with services provided by the University?
You should discuss the work with your Head of School and with Human Resources if you have reason to believe that UNSW may be providing a similar service or product, or is involved in a tender for the same contract or that there is some other conflict with services provided by the University. It is the responsibility of the academic to make proper and reasonable enquiry.
I am not planning to use any University facilities in my work – does the policy still apply to me?
Yes. All continuing and fixed-term academic staff must seek prior approval for any paid outside work regardless of whether or not University facilities will be used. Part-time, casual and fractional academic staff and those with Visiting, Adjunct and Conjoint appointments must only apply for prior approval when the proposed work is associated with the University or when University facilities are used. (see sections 1.2.2 and 1.2.3 of the policy).
Why does the policy refer to the research component of paid outside work projects?
This is included so as to capture all research undertaken by UNSW staff. Research undertaken as part of an income generating Paid Outside Work project can be claimed as research income in the University’s annual Higher Education Research Data Collection (HERDC) return to the Commonwealth government and is included in our research profile.
What should I do if I believe my paid outside work project has a research component?
For consulting projects, you should contact the UNSW Division of Research (email@example.com) and provide all available documentation relating to the project. They will then assess your project against the HERDC definition of research and advise you of the outcome.
If 50% or more of my paid outside work project is research, what does this mean?
If 50% or more of your project constitutes research, then work on that project will not be counted as part of time allowed for Paid Outside Work.
I am undertaking University Paid Outside Work as part of a research project. I obtained approval via the acceptance form for the project. Part way through the project I need to adjust the number of days approved for University Paid Outside Work. How do I do this?
You should obtain written approval for the adjusted days from your Head of School and forward to the Division of Research for processing.
The Application Process
Which staff must apply for approval to undertake paid outside work?
Full-time academic staff must apply for approval to undertake any form of paid outside work. Part-time (casual or fractional) staff must apply for approval to undertake University Paid Outside Work, as well as in any instance where the conduct of the paid outside work affects their ability to fulfil the duties of the employment at UNSW, or when University facilities are to be used for the work. Academic staff with Visiting, Adjunct or Conjoint appointments must apply for approval to undertake University Paid Outside Work, as well as in any instance when University facilities are to be used for the work.
How do I apply for approval to undertake Paid Outside Work?
Except for University Paid Outside Work undertaken as part of a research project managed by the Division of Research (which is approved via the acceptance form prepared by the Division of Research), you must complete the application form available online through myUNSW. Once you have entered all relevant information, you must print and sign the completed application form and provide it to the appropriate approver, along with any relevant documentation, for assessment.
Can I submit one application for approval to undertake multiple paid outside work activities?
Section 1.6 of the UNSW policy on Paid Outside Work by Academic Staff states that "where there are or are likely to be multiple requests for approval of the same or similar type of paid outside work the Head of School may recommend approval for a specified amount of such work". The following scenarios describe the situations in which applications for approval for multiple activities may be applied:
- An academic undertakes various expert opinion projects throughout the year. Each project generally takes 0.5-1.5 days to complete, and the academic estimates that approx. 15 days p/year would be spent on this type of work.
In this scenario, the academic could submit one application for 15 days of expert opinion work across the entire year with their consultant quote for their first project of the year. For subsequent projects, they would be required to submit their consultant quote form for each individual project to their HOS / Dean for approval, along with the confirmation email from or screen print from myUNSW which confirms that they have received prior approval to undertake this work. If at any point the academic believes that the time involved in this work may be more or less than originally estimated they should advise Human Resources, who will confirm with the HOS / Dean before amending the application. If the academic in this example proposes to undertake an expert opinion project which will take more than 1.5 days they must submit a separate Paid Outside Work application.
- An academic undertakes various small consultancy projects through or for an organisation throughout the year.
As above, the academic could submit one application for a specified amount of time in which to undertake this particular of consultancy work, and must submit their consultant quote form to the HOS / Dean for approval for each individual project. If the projects are for research and managed by the Division of Research, any University Paid Outside Work needs to be approved via the acceptance form prepared by the Division of Research for each project.
- An academic undertakes various small consultancy projects as Private Paid Outside workthroughout the year.
As an indemnification statement from external clients is required for all Private Paid Outside Work, academic staff must submit individual applications for each consultancy project they propose to undertake as Private Paid Outside Work. There are exemptions for doctors, income taxation professionals, etc who may see a high number of clients each day and have professional indemnity insurance.
- Routine testing / analysis as University Paid Outside Work via a UNSW lab, centre or controlled entity.
As described above in (1), staff may submit one application for a limited amount of time spent on routine testing and analysis across a year, and must submit the costings or consultant quotes for each individual project to their HOS / Dean for approval.
** Note: Even where multiple paid outside work projects are covered by approval in this way, the approval is given subject to the requirements of the Conflict of Interest policy and to the requirements that there be no conflict with other duties to the University - this applies to each and every project undertaken. If a particular project falls into the type otherwise covered by the approval for multiple activities but may give rise to such conflict, then a separate application for approval should be submitted for this work. For example, where approval is given for a certain number of days of expert witness work, but a particular job of such work is required to be done at a time when there is a high work load in the School, then individual approval should be sought for that job.
What additional documentation do I need to submit with my application?
For University Paid Outside Work – costings of the proposed work must be attached to your application. If applicable, you should also submit a Student Agreement signed by each student involved in the work, and a Conflict of Interest Disclosure form. You should also attach any other supporting documentation as needed.
For Private Paid Outside Work – when submitting your application you must provide documentation from all external parties acknowledging that the University is not involved in the work and accepts no liability. If applicable, you should also submit a Conflict of Interest Disclosure form and any other supporting documentation as needed.
For Directorships / Partnerships – you should provide a Conflict of Interest Disclosure form and any other supporting documentation as applicable.
Is there a paper version of the application form available?
No. All Paid Outside Work applications must be submitted through myUNSW other than University Paid Outside Work undertaken as part of a research project managed by the Division of Research which is approved via the acceptance form for the project prepared by the Division of Research
Who can assess / approve Applications for Approval to Undertake Paid Outside Work?
Applications can be assessed by Heads of School, Acting Heads of School (if the Head of School is absent), Deans, and the Deputy Vice-Chancellor (Academic) (see section 1.6 of the policy).
How will I know the outcome of my application?
You will receive an email notifying you whether or not your application has been approved. This is automatically generated once your application has been approved via myUNSW. University Paid Outside Work undertaken as part of a research project managed by the Division of Research is approved by the Head of School via the acceptance form for the project prepared by the Division of Research.
Do I need to keep copies of all Paid Outside Work applications?
No. You can see details of all your Paid Outside Work applications online through myUNSW at any time. The information on myUNSW will also indicate the status of each application, such as pending, submitted, approved or not approved. You should keep copies of any supporting documentation you submit with a Paid Outside Work application.
How will I receive income from my paid outside work?
For University Paid Outside Work associated with consulting projects managed by the Division of Research, employees of the University will be paid through the University payroll. For Private Paid Outside Work and Directorships/Partnerships – payments must be managed by the individual academic or their private company. Academic staff members who wish to donate funds to the University can do so through the UNSW Foundation – http://www.unsw.edu.au/alumni/pad/alfoundation.html
Can I deposit my Paid Outside Work income into a GI or Research account at UNSW?
No. Income from paid outside work projects cannot be deposited into UNSW accounts, including Income Generating Activity (GI) and Research accounts. All income relating to Paid Outside Work must be managed by the academic staff member, who is also responsible for any taxation liabilities incurred in relation to the work.
Academic staff should discuss potential Paid Outside Work projects with their Head of School, as projects may also be undertaken by the School as a Commercial Activity with income received into a UNSW account. See http://www.gs.unsw.edu.au/policy/commercialactivitiesguide.html for more information.
Can school / centre staff generate invoices for my Paid Outside Work?
No. Academic staff cannot use University resources to generate invoices for their Private Paid Outside Work and must manage their invoicing for such projects personally and separately to the University.
Where can I get help in preparing the costings for my University Paid Outside Work application?
You should discuss the costings of any University Paid Outside Work project with the relevant staff member in the Division of Research: http://www.gmo.unsw.edu.au/About/About_index.html or email: firstname.lastname@example.org
A pricing tool is available to assist researchers price research projects including University Paid Outside Work. For assistance email: email@example.com
What are UNSW indirect costs, and how are they allocated?
The University requires indirect costs to be incorporated in the price to the clients for a University Paid Outside Work project managed by the Division of Research. Indirect costs associated with University Paid Outside Work projects include telecommunications, buildings, research and financial management, administration and information resources and technology. Indirect costs are allocated to research revenue in the operating budget of the host Faculty
Can I involve UNSW Professional staff in my paid outside work?
Yes, however you must first obtain the permission of the Head of School before involving Professional staff in any paid outside work (either on a paid or unpaid basis). The Head of School may require the written consent of the Professional & Technical staff member before granting this permission. If the work is to be carried out during normal working hours, the School must be fully reimbursed for the time worked. If the work is to be conducted outside of normal work hours, you must discuss appropriate remuneration with the staff member (see section 1.10 of the policy).
Can I involve students in my paid outside work?
Yes, students can be involved in a paid outside work project provided participation by the student is voluntary, permission of the Head of School is obtained, the student is appropriately remunerated, and a Student Agreement is completed by the student (see sections1.10 of the policy).
What if a Professional staff member or a student does not want to participate in an academic’s Paid Outside Work project?
Professional staff and students have no obligation to participate in a Paid Outside Work project. If a dispute or grievance arises contact your Head of School / supervisor in the first instance, and if the matter is not resolved at the school/centre level the UNSW Grievance Procedures should be followed.
Can I use the physical resources or facilities of UNSW Schools / units in my paid outside work?
Yes. You must declare the use of any UNSW facilities or resources on the Paid Outside Wwork application form, and reimburse the work unit for any resources used (see section 1.8 of the policy).
Staff undertaking Private Paid Outside Work may only use University resources or facilities where these are generally available to the public, and staff will be charged at the same cost as to members of the public (see section 3.2 of the policy).
Records and Reporting
Does my school/unit need to keep copies of all paid outside work applications?
No. All Paid Outside Work application details are recorded on NSS. Information relating to an application can be found in myUNSW, which includes information on all Paid Outside Work applications including whether or not an application has been approved. If you or a Head of School/unit manager require further information relating to a Paid Outside Work application you should contact Human Resources.
Will I be able to see the number of, details of and status of POW applications from my school/faculty/centre on NSSHR?
No. Requests for reports are to be sent to Human Resources on firstname.lastname@example.org