Under the Employee benefits and entitlements policy, the department is committed to providing attractive benefits and entitlements to all employees by enabling employees to access private and secondary employment as long as they are not working in competition with the department.

Principals:

• must not delegate their power in relation to private and secondary employment applications for teachers.

Principals, managers and supervisors:

• must be aware of the policy requirements and conditions of approval and ensure these requirements or conditions are satisfied
• must observe employees in their primary department duties to ensure their performance is not adversely affected by their private or secondary employment
• must disclose any real or perceived conflict of interest when assessing an employee’s application for private or secondary employment and, if necessary, seek the advice of Employee Relations.

Delegated approvers:

• must maintain a record of all applications (including the outcome, nature of any conflict of interest, mitigation strategies and management of employee performance due to their private or secondary employment) and ensure the validity of approvals
• must provide the applicant with a copy of their completed application
• must place a copy of the approval on the employee's personal file
• can delegate their power in relation to private and secondary employment applications for school administrative and support staff.

Full-time (permanent and temporary) employees:

• must notify their supervisor of any existing private and secondary employment before starting a new role at the department
• must disclose any real or perceived conflict of interest to their supervisor and, if required, complete the private and secondary employment application form
• must complete the approval application form before undertaking private and secondary employment.

Employees must have approval for the following types of private work:

• employment with any corporation, company, firm or other private entity
• self-employment, private practice of any profession, occupation or trade and/or consultancy services
• accepting or holding office other than in the department with any local, state or territory, or federal government
• accepting appointment to public service staff as returning officers under section 21AE of the Parliamentary Electorates and Elections Act 1912
• participating as a member of an examining authority or undertaking private contract marking where fees are paid
• paid tutoring through a tutoring company or organised by the employee, outside normal duties or a department-sanctioned tutoring program
• writing or editing books, articles and other published documents related to or containing specialist knowledge or information obtained through the employee’s duties
• lecturing, teaching and tutoring in universities or recognised professional associations and other educational bodies.

Employees do not need approval for:

• unpaid work such as volunteering
• presenting at professional associations of which the employee is a member
• representing the department or a recognised employee association and/or health society, such as the Teachers Federation health fund
• work related to HSC marking and the HSC Advice and Inquiry Line
• department-sponsored/operated programs and activities.

Private tutoring is considered private or secondary employment when it is paid and/or conducted outside of a department-sanctioned program, and employees are sole traders or employed through an agency, regardless of the time spent per week.

Employees engaged in private tutoring must complete the private and secondary employment application form and follow the approval process. They must also ensure they comply with the Code of conduct procedures, understand NESA’s Honesty in HSC Assessment – the Standard and are not at risk of misconduct or corruption.

Teacher conflict of interest examples:

• offering paid tutoring services to their students outside of school hours
• referring their students to a colleague’s paid tutoring service
• working in selective high schools offering paid services (as an individual or as part of an agency) to prepare students for the selective high school placement test
• recommending a particular tutor or company they have an association with to a student (or the student’s parent/guardian)
• using their approved secondary employment as an HSC marker to promote their private business.

To assist in mitigating misconduct and corruption risk, schools should:

• maintain a record of staff working privately as tutors
• ensure teachers clearly understand these guidelines and the malpractice risk if they are not followed.

Secondary employment examples that require written approval include:

• entering a contract with the department for work such as curriculum or educational resource development
• contract marking (except HSC marking, NAPLAN marking or marking of other department assessment activities)
• paid education research.

The employee:

• must use the Private and secondary employment application form (staff only) (PDF 330 KB)
• should submit the form at least 7 days before starting any proposed private or secondary employment
• must re-apply for approval each year using the form.

The delegated approver must consider the application against the provisions of these procedures and the Code of conduct procedures.

Employees must submit a new application form:

• 4 weeks before the one-year anniversary of the approval
• 4 weeks before the expiry date of the approval
• if there is any change to their work location or position
• if there is any private or secondary employment activity change.

Teachers renewing an existing approval for private or secondary employment in teaching must have written approval at the beginning of the calendar year.

Children’s safety, welfare, wellbeing and protection are paramount. Where an application for private or secondary employment is inconsistent with protecting children, it will be declined.

There is no limit on the number of hours per week that can be approved. However, if a full-time employee seeks more than 10 hours per week, they must justify the hours sought.

Exceptional circumstances: The manager and/or the delegated approver can give verbal or email approval, but the employee must return a completed Private and secondary employment application form (staff only) (PDF 330 KB) within 7 days of starting the private or secondary employment.

The manager and/or delegated approver must ensure the:

• work will not create a conflict of interest (refer to Private and secondary employment [staff only])
• work does not conflict with child protection obligations
• activity is not in competition with the department
• work will not damage the department’s reputation
• employee's services to the department take precedence during contracted working hours
• work will not adversely affect the performance of usual duties
• work will not adversely affect the completion of study or training, where the employee is receiving financial assistance or a grant of paid leave from the department
• work associated with private employment will not be conducted in department work time or use the department’s premises and/or resources
• employee will comply with the department’s Copyright (staff only) guidelines
• work does not arise from the employee using their official position for personal advantage (for example, where the employee would have exclusive access to the work due to their official duties or position).

Employees may not undertake their private employment while on sick leave. If they do, it may result in disciplinary action as outlined by the Code of Conduct.

Employees on leave without pay are not permitted to be employed in an independent or private school.

Leave without pay will not be granted to take up a teaching position in a NSW private or independent school.

Failure to comply with this procedure while on leave without pay may result in leave being cancelled.

Employees intending to undertake private employment while travelling overseas or interstate must apply for approval using the Private and secondary employment application form (staff only) (PDF 330 KB).

If the department offers similar courses or services in the countries or states the employee is visiting and the employee is seeking approval to teach in those locations, the delegated approver may still grant approval as long as the requirements are met.

• Code of conduct procedures
• NESA’s Honesty in HSC Assessment – the Standard
• Private and secondary employment (staff only)

• Teaching Service Act 1980
• Education (School Administrative and Support Staff) Act 1987
• Government Sector Employment Act 2013
• Parliamentary Electorates and Elections Act 1912