This policy is current as at 26/04/2019 08:12am, AEST. Please refer to policy library website (https://education.nsw.gov.au/policy-library) for an updated version.

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.

1. Policy statement

1.1

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 (DOC 165.25KB).

1.2

Private or secondary employment must be lawful and not damage the reputation of the department.

1.3

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.

1.4

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.

1.5

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.

1.6

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 Where it becomes apparent that the conflict of interest is not being adequately managed the approval will be withdrawn.

1.7

Employees must not utilise the department's premises, resources (e.g. 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.

1.8

Employees must not accept employment in the business of another department employee, without declaring the relationship in the application form.

1.9

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

2.1

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.

2.2

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:

  • all casual employees in the department
  • temporary employees (employed for less than 10 weeks) employed under the Education (School Administrative and Support Staff) Act 1987
  • 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

2.3

This policy does not apply to contractors.

3. Context

3.1

The department's Private and Secondary Employment Policy is consistent with current legislation, including the Government Sector Employment Act 2013, the Teaching Service Act 1980and the Education (School Administrative and Support Staff) Act 1987.

3.2

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

4.1 Responsibilities

4.1.1

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.

4.2 Delegations

4.2.1

Public Service senior executives-under the Government Sector Employment Act 2013, are able to determine applications for private and secondary employment in accordance with relevant legislation, policies and conditions.

Delegates:

  • Deputy Secretary
  • Executive Director, Aboriginal Affairs
  • Executive Director, Human Resources
  • Director, Audit

Delegates may sub-delegate.

4.2.2

For staff employed under the Teaching Service Act 1980 the following may exercise all powers under Section 92B of the Teaching Service Act with regard to giving permission to undertake private and secondary employment (Note: Principals do not have the power to sub-delegate):

Delegates:

  • Deputy Secretary
  • Executive Director
  • Director (Senior Executive)

Delegates may sub-delegate.

Delegates:

  • Principal (Schools)
  • Associate Principal (Schools)
  • Executive Principal (Schools)
  • Teaching Principal (Schools)

Delegates cannot sub-delegate.

4.2.3

For staff employed under the Education (School Administrative and Support Staff) Act 1987 the following may exercise all powers under Section 7C(1) of the Education (School Administration and Supply Staff) Act with regard to giving permission to undertake private and secondary employment:

Delegate:

  • Deputy Secretary
  • Executive Director
  • Director (Senior Executive)
  • Principal (Schools)
  • Associate Principal (Schools)
  • Executive Principal (Schools)
  • Teaching Principal (Schools)

Delegates can sub-delegate.

5. Monitoring, evaluation and reporting requirements

5.1

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.

5.2

Managers have a responsibility to ensure that the policy requirements are satisfied.

5.3

Managers and supervisors must monitor 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.

6. Contact

EdConnect – log an online query or call us on 1300 32 32 32 and select option 3.

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