Private and Secondary Employment Policy

The policy sets out the principles of, and the requirements for, approval for private and secondary employment for all employees of the Department of Education, to ensure consistency across all sections of the department.

Changes since previous version

2021 April  - Policy maintenance, which may include but not limited to, updated contact details, business unit or position titles, typographical, text and style changes and repairing hyperlinks.

Superseded Documents

SUPERSEDED APRIL 2021 | Title: Private and Secondary Employment Procedure | Link: https://education.nsw.gov.au/policy-library/associated-documents/Private-and-Secondary-Employment-Procedure.doc.

Document History

Dec 2019 - Minor updates to the Private and Secondary Employment Procedure to add references to the Corruption Prevention Policy, as required by the Corruption and Fraud Prevention Plan. Revised in August 2007 following amendments by the Education Legislation Amendment (Staff) Act 2006 to the Teaching Service Act 1980, the Technical and Further Education Commission Act 1990 and the Education (School Administrative and Support Staff) Act 1987. The major changes since the last version relate to the following, The Education Legislation Amendment Staff Act 2006 inserted new provisions in the Teaching Service Act 1980, Education (School Administrative and Support Staff) Act 1987 and Technical and Further Education Commission Act 1990 (sections 5A, 7A and 22C respectively) which provide that the protection of children is to be a paramount consideration in taking any action with respect to employees under those Acts. Determination no 950 of 2006 made under section 130 (1) of the Public Sector Employment and Management Act 2002 states that Public Service staff seeking to undertake duties as Returning Officers must comply with the private employment requirements in accordance with section 59 of the Public Sector and Employment Management Act 2002.

  1. Policy statement
    1. The Department of Education recognises that private or secondary employment can contribute to an employee acquiring additional skills and knowledge. Therefore, employees may engage in private or secondary employment provided that they meet relevant requirements under this policy and its associated guidelines. This policy must be applied in conjunction with the implementation document Private and Secondary Employment Procedure.
    2. Private or secondary employment must be lawful and not damage the reputation of the department.
    3. In considering applications for private or secondary employment, the protection of children is to be the paramount consideration. In the event that an application for private or secondary employment is inconsistent with the need to give paramount consideration to the protection of children, it will not be approved.
    4. In general, employees may not work in competition with any section of the department. In certain cases, permission to do so may be obtained. Approval may be granted if it is in the interest of, or of benefit to the department. Issues of conflict of interest must be fully addressed by the applicant. This provision also applies during periods of full-time or part-time leave without pay, long service leave, extended leave and the deferred salary leave year under the Deferred Salary Scheme.
    5. Where the activity may be in competition with the department, the procedure set out in section 4 of the Private and Secondary Employment Procedure applies.
    6. Private or secondary employment may be approved only where the conflict of interest can be resolved or adequately managed. Where it becomes apparent that the conflict of interest is not being adequately managed, the approval should be withdrawn.
    7. Employees must not use the department's premises, resources (for example, telephone, stationery, computing equipment, fax machines, mobile phone or other equipment or facilities), or information in the course of approved private employment or to help gain private employment.
    8. Employees must not accept employment in the business of another department employee, without declaring the relationship in the application form.
    9. Private or secondary employment undertaken without written approval as specified in this policy document is a breach of discipline and may result in disciplinary action.
  2. Audience and applicability
    1. This policy applies to all permanent full-time employees and temporary full-time employees who are employed under the Teaching Service Act 1980, Education (School Administrative and Support Staff) Act 1987 and the Government Sector Employment Act 2013.
    2. The following employees are not required to gain approval for other employment providing the other paid work is undertaken during the period that the person is not required to discharge duties for the department:
      1. i. all casual employees in the department
      2. ii. temporary employees, employed for less than 10 weeks under the Education (School Administrative and Support Staff) Act 1987
      3. iii. all permanent part-time and temporary part-time employees in the department.
      • Note: For the purposes of section 92B of the Teaching Service Act 1980 and section 7C of the Education (School Administrative and Support Staff) Act 1987, permanent part-time employees and temporary part-time employees covered by these Acts are deemed to have approval providing that the other paid work is undertaken during the period that the person is not required to discharge duties for the department.
      • The employees identified in this section must assess that the discharge of their duties for the department is not adversely affected and that no conflict of interest arises (see section 8 of the Private and Secondary Employment Procedure). In cases where a real or perceived conflict of interest exists, the employee must advise their immediate supervisor. The supervisor must then assess the manageability of the conflict of interest and/or review the continuation of the private or secondary employment.
    3. This policy does not apply to contractors.
  3. Context
    1. The department's Private and Secondary Employment Policy is consistent with current legislation, including the Government Sector Employment Act 2013, the Teaching Service Act 1980 and the Education (School Administrative and Support Staff) Act 1987.
    2. The Private and Secondary Employment Policy is to be read in conjunction with the Private and Secondary Employment Procedure and the department's Code of Conduct.
  4. Responsibilities and delegations
    1. Responsibilities
      1. Managers and supervisors have a responsibility to be aware of the policy requirements and any specific conditions of approval and ensure that these requirements or conditions are satisfied.
      2. Managers and supervisors must observe the work performance of employees who have approved private or secondary employment to ensure that it does not adversely affect the proper and efficient performance of their primary department duties.
      3. The approving delegates must maintain a record of all applications (including their outcome, the nature of any conflict of interest or potential problems, the means of managing them) and ensure the currency of approvals. A copy of the approval to engage in private or secondary employment must be placed on the employee’s personal file. The delegate must also provide the applicant with a copy of their completed application form for future reference.
      4. Permanent full-time employees and temporary full-time employees have a responsibility to notify their supervisor of any private and secondary employment and to complete the private and secondary employment approval form provided in the Private and Secondary Employment Procedure
      • Employees identified in section 2.2 of this document must disclose any real or perceived conflict of interest to their supervisor and if required complete the private and secondary employment approval form provided in the Private and Secondary Employment Procedure.
    2. Delegations
      1. Public service senior executives under the Government Sector Employment Act 2013, staff employed under the Teaching Service Act 1980 and staff employed under the Education (School Administrative and Support Staff) Act 1987 may exercise powers under their prospective Acts giving permission for employees to undertake private and secondary employment. Administrative delegations are provided as follows.
  5. Monitoring and review
    1. The Executive Director, People and Culture is responsible for monitoring the implementation of this policy and reviewing its effectiveness every three year or as needed.
  6. Contact
    1. EDConnect log an online query or call 1300 32 32 32 and select option 3.
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