D/7.1 Outside work - academic staff

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7.1.1 Policy principles
7.1.2 Application
7.1.3 Definitions
7.1.4 University outside work
7.1.5 Private outside work
7.1.6 Obtaining approval to undertake outside work activities
7.1.7 Authorising officer
7.1.8 Approval criteria
7.1.9 Additional requirements for private outside work
7.1.10 Ongoing obligations regarding approvals
7.1.11 Workload and payment mechanisms
7.1.12 Financial and contractual considerations for University outside work
7.1.13 Recordkeeping and reporting
7.1.14 Intellectual property
7.1.15 Complaints and non-compliance
7.1.16 Administrative support for outside work activities
7.1.17 External work unrelated to a staff member's position at QUT
Related Documents
Modification History

7.1.1 Policy principles

a) Fostering the pursuit of appropriate outside work by academic staff of QUT

QUT encourages academic staff to identify and pursue outside work aligned to the University's strategic ambitions.

QUT positions itself as "a university for the real world " and a leading "university of technology " . QUT values outside work which:

• forms and fosters relationships which are informed by the relevance and application of its activities to areas such as commerce, industry, the professions, government, and the community;
• builds capacity by pursuing activities which add to the range and depth of expertise of staff.

QUT has a strong history of active staff involvement in a wide range of outside entities and industries. In fostering continuation of this tradition, it is important to create a balance between the internal work commitments of academic staff, and their engagement in outside work.

b) Creating a framework to appropriately protect the interests of all parties

This policy provides a framework:

• in which all outside work is considered for approval by an authorising officer, so that the University is strategic in its outside engagement, and academic staff are able to pursue professional development opportunities, and earn additional income for their operational area and for themselves, and
• designed to minimise risks and safeguard the interests of the University and its staff in undertaking outside work.

This policy distinguishes between "university outside work " and "private outside work " . All outside work will normally be undertaken through the University as university outside work. However, it is recognised that undertaking outside work on a private basis may be appropriate in some cases, and an academic staff member may enter into such an arrangement consistent with the requirements of this policy.

This policy applies regardless of whether any outside work is undertaken by the staff member as an individual, or as part of another entity, such as a staff member's consulting company.

Outside work in the form of Company Directorships is subject to different considerations and staff should consult the Office of Commercial Services in the first instance. Outside work which is not related to the academic staff member's position at QUT is dealt with in D/7.1.17 .

c) Managing human resources aspects of outside work

The extent and nature of academic staff participation in university outside work is negotiated in performance management and workload allocation discussions. Staff may consider opportunities that arise outside the PPr cycle, subject to the normal approval process.

Staff undertaking outside work must do so in a manner consistent with all of the obligations imposed on staff in the QUT Code of Conduct ( B/8.1 ). In particular, where any outside work is being undertaken (including private outside work), staff members retain an obligation to the University under the Code of Conduct to address conflicts of interest situations (for further details see B/8.1.6 ), in consultation with the authorising officer under this policy. This obligation is ongoing and applies for the duration of any outside work activity.

Click here to view a flowchart summarising the process of application and approval for outside work by academic staff.

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7.1.2 Application

The policy applies to academic staff and to academic senior staff and outlines the arrangements under which full-time and part-time staff in these categories may undertake outside work. Sessional academic staff are not required to seek approval for any work with an outside entity.

Arrangements for professional staff and senior professional staff are found in B/7.9 .

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7.1.3 Definitions

"authorising officer" is the officer who determines applications to undertake outside work in accordance with section D/7.1.7 of this policy.

"commercial research" is research or development which is conducted at the request of and paid for by individuals, agencies, companies or other organisations external to the University. It involves creative work undertaken on a systematic basis in order to increase the stock of knowledge.

"exempt outside work" refers to the following activities: journal editorship and editorial work, external examining and examination of theses, occasional lectures and public appearances (including broadcasts and performances), occasional publications (such as newspaper articles), writing and publishing books.

"outside entity" refers to a business, company, partnership or third party which is independent of QUT or in which QUT has no ownership or interest.

"outside work" refers to any work, whether paid or unpaid, undertaken by a staff member for an outside entity, or in a self-employed capacity, where the work relates to the staff member's position at QUT. It does not include second jobs unrelated to the discipline in which the staff member is employed at QUT, or activities arising from personal interests which are not related to the staff member's position at QUT. Outside work is categorised as either 'university outside work' or 'private outside work'. For work which is not within the academic staff member's discipline or expertise, refer to D/7.1.17 .

"university resources" refers to resources resulting from the expenditure of QUT funds and includes:

• premises, facilities, electricity, equipment, and services, such as computing and library;
• mail, facsimile, telephone, email, internet services and other information facilities defined in the Information Facilities Rules ;
• QUT name, letterhead and logo;
• existing QUT intellectual property;
• assistance from staff who do not have approval to undertake outside work;
• attributes attached to being a staff member of the University such as the University's reputation;
• provision of relief from teaching, administrative or other responsibilities.

"workload" refers to the activities, tasks or roles allocated to an academic staff member in accordance with relevant employment agreements and University guidelines.

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7.1.4 University outside work

'University outside work' refers to outside work where the activity is agreed between the University and an outside entity. It may include use of subject knowledge and expertise for issue analysis or problem solving in specific social, industrial or commercial contexts. Examples of academic staff university outside work include:

• investigating an issue and providing a report and recommendations;
• developing and delivering training courses for a company or government department;
• being an expert witness;
• appointment of a staff member as an officer of a company by the University;
• commercial research.

Characteristics of University outside work

Where a client is referred, introduced or recommended by any component of the University, outside work must be taken as University outside work. Outside work undertaken by award of a tender made under QUT's name is also characterised as University outside work. Often a staff member will obtain outside work due to their status of employment as an academic of QUT, rather than by other professional contacts or contexts, and this will normally be characterised as University outside work. However, the authorising officer may approve such work as private outside work when it is agreed that the work meets the private outside work approval criteria listed in D/7.1.8 below.

A staff member undertaking university outside work:

• is covered by the University's professional indemnity and public liability insurance policies, subject to the current terms and conditions of those policies. A staff member undertaking approved University outside work will be defended by the University in the event of a claim against the staff member, provided they have lawfully, diligently and conscientiously endeavoured to carry out the work; and
• is entitled to use university resources within the conditions of this policy.

Payment arrangements are negotiated with the authorising officer in accordance with section D/7.1.12 of this policy.

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7.1.5 Private outside work

'Private outside work' refers to outside work where the activity is agreed directly between a staff member and an outside entity subject to prior approval in accordance with this policy. This includes where a staff member is an officer of a company, except where the appointment is made by the University (staff proposing to undertake outside work in the form of company directorships should consult the Office of Commercial Services in the first instance). Other examples of academic staff private outside work include:

• staff in the Faculty of Law advising legal firms;
• staff in the School of Nursing working casual shifts in a hospital;
• staff in the Faculty of Information Technology designing software for a client;
• staff in the School of Psychology and Counselling seeing private clients.

Characteristics of private outside work

Private outside work will generally comprise work undertaken to maintain professional skills, work undertaken as a result of relationships with clients or contacts which predate the staff member's QUT appointment, or work which is gained via the staff member's status within a profession or within professional organisations, rather than via their status as a University academic.

Work which has previously been regarded as University outside work cannot be converted to private outside work purely at the behest of the staff member concerned. For example, it would be inappropriate to undertake a consultancy as University outside work, and then, in the event that further related work (or work which is an extension or offshoot of the consultancy contract) is available, to pursue this opportunity as private outside work. However, it is recognised that there may be occasions when it is not viable or appropriate for financial or workload management reasons for further work to be undertaken as University outside work, in which case the authorising officer may consider granting approval for further work as private outside work. It would also generally be inappropriate for a staff member who has previously provided consultancies or conducted training programs as University outside work to convert the same activity to private outside work merely by undertaking the work during a period of leave, unless otherwise approved by the authorising officer.

Staff undertaking private outside work:

• are not covered by the University's professional indemnity and public liability insurance, and will not be defended by the University in the event of a claim against the staff member;
• are not entitled to access university resources, although they may be accessed, usually for a fee, by negotiation with the authorising officer;
• must undertake all private outside work contractual and financial arrangements, including invoicing, without the assistance or involvement of the University;
• must ensure that their clients are aware that they are acting in a private capacity;
• must bear all costs of the work.

Remuneration for private outside work is as agreed between the staff member and the outside entity, and does not involve the University in any way.

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7.1.6 Obtaining approval to undertake outside work activities

Engagement in outside work in either category will vary between staff members, and is negotiated in performance management and workload allocation discussions as part of the Performance Planning and Review (PPr) process for academic staff (for further details, see B/9.2 and University workload allocation guidelines ).

Prior to commencing a specific outside work activity, staff must seek and obtain formal approval from the authorising officer for the activity. This application will be determined in accordance with the criteria specified in D/7.1.8 below. As approval to undertake outside work is project specific, a new application must accompany each project.

Continuation of involvement in outside work projects which extend beyond a year is subject to review in annual workload allocation and management processes. Where the work is of an ongoing nature (for example, work in professional practice seeing private clients), approval is to be obtained each year in conjunction with workload processes, with an agreement of the amount of time for that work for that year.

Where possible, approval should be sought in conjunction with PPr processes, but where outside work opportunities become available at other times, a staff member must ensure that approval under this policy is obtained.

Forms for use in seeking approval and procedures to be followed are available on the Office of Commercial Services website .

Staff undertaking exempt outside work (see definition in D/7.1.3 above) are not required to seek approval under this section. The pursuit of exempt outside work must however be consistent with the performance and workload management discussions noted above (for information regarding payment for exempt outside work, consult section D/7.1.11 below).

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7.1.7 Authorising officer

The following authorising officers approve or reject applications to undertake outside work. Authorising officers may also negotiate modifications to outside work arrangements.

Where an academic staff member is a member of an institute, the executive dean of faculty will consult with the institute director regarding the application for outside work prior to granting approval.

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7.1.8 Approval criteria

An application to undertake outside work must be assessed in terms of risk, workload management and use of university resources. An authorising officer must be satisfied that the category of outside work (University outside work or private outside work) and resulting contractual and payment arrangements are appropriate having regard to the circumstances.

University outside work approval criteria

Applications to undertake University outside work will normally be approved where:

• the work is aligned to the staff member's performance plan, the organisational area's strategic, workload and financial plans, and the strategic ambitions of the University;
• the work falls within the staff member's agreed workload allocation for outside work and will not interfere with carrying out agreed workload commitments;
• the work contributes to staff development and capacity building;
• the proposal realistically assesses any costs to the University, and addresses, where necessary, issues related to use of university resources, cost recovery, disbursement of revenue, management of intellectual property, confidentiality, and liability and indemnity;
• any conflicts of interest are avoided or appropriately managed (see Code of Conduct B/8.1 and University's Conflict of Interest procedures );
• the work is of a type and quality which enhances the reputation of the University and the staff involved;
• risks have been managed and the work is not likely to expose the University to litigation or liability;
• contractual arrangements will not inhibit the freedom of enquiry of the University and its staff, nor detract from any function of the University;
• the work is not in competition with services otherwise provided by the University, nor unfairly in competition with services provided by other entities;
• ethical clearance has been obtained where this is appropriate (see D/6 and research ethics procedures ).

Approval to undertake University outside work may be granted for part-time academic staff but the authorising officer must take into account the fraction of the appointment and associated workload issues.

Private outside work approval criteria

Applications to undertake private outside work will normally be approved where:

• there is no use of university resources, or adequate reimbursement arrangements are in place;
• the work falls within the staff member's agreed workload allocation for outside work and will not interfere with carrying out agreed University work commitments;
• there is no use of QUT intellectual property, or arrangements are in place consistent with the Intellectual Property Policy ( D/3.1 );
• appropriate arrangements are in place to ensure that clients are aware that the staff member acts in a private capacity and not as an employee or representative of QUT (see D/7.1.9 );
• any conflicts of interest are avoided or appropriately managed (see Code of Conduct B/8.1 and University's Conflict of Interest procedures );
• risks have been managed and the work is not likely to expose the University to litigation or liability nor does the work have the potential to damage the University's reputation;
• the work is not in competition with services otherwise provided by the University.

The authorising officer should be satisfied that approval is in the University's interests. Leave without pay or a part-time appointment may be negotiated with the staff member to enable them to undertake private outside work if there is likely to be an impact on allocated workload.

If an employee seeks to undertake private outside work during a period of long service or annual leave, the authorising officer should take a number of factors into account in determining approval, for example:

• the nature of the work and how it was obtained by the staff member, including any prior arrangements for similar work (refer to D/7.1.5 );
• whether the work is to be performed for a competitor of QUT;
• whether there are any occupational health and safety concerns weighing in favour of the employee not working during the period of leave;
• whether the work has the potential to adversely affect the reputation of QUT or the employee;
• whether there are any compassionate reasons that allow the work to be performed;
• whether the work will enhance the skills or knowledge of the employee to the benefit of QUT; and
• any other matters that might be considered relevant.

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7.1.9 Additional requirements for private outside work

Because outside work is defined as related to the staff member's position at QUT, staff undertaking private outside work are required to:

• advise their clients in writing that they are working in a private capacity and not as an employee or representative of the University;
• provide their clients with the Schedule of terms and conditions on which staff acting in a personal capacity engage in private outside work (further information is available from the Office of Commercial Services) ;
• certify to the University that the above has been done; and
• certify to the University that they are covered by adequate, current professional indemnity and public liability insurance.

Staff undertaking private outside work where they contract with a series of individuals for short term provision of a service, such as health service providers seeing patients, may display the schedule in their premises or indicate in their documentation (business cards, letter head) that the schedule is available, provided this is agreed by the authorising officer at the time of application.

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7.1.10 Ongoing obligations regarding approvals

Staff members are required to notify the authorising officer of any material changes to the outside work during its course, such as to the nature of the work, its value, its impact on time or resource use, insurance arrangements, and any conflicts of interest which arise.

Authorising officers may withdraw approval to undertake university or private outside work where there is any change in the work which would impact on the approval criteria or, in the case of university outside work, if there is an agreed change to the work's terms, conditions or scope. In this case, leave without pay or a part-time appointment may be considered to enable the staff member to undertake outside work or to meet contractual obligations.

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7.1.11 Workload and payment mechanisms

University outside work

Workload and payment mechanisms should be resolved prior to approval of University outside work under D/7.1.8 .

As part of workload negotiations and the approval process specified in this policy, University outside work may be designated as either:

• within allocated workload; or
• in addition to allocated workload.

Where University outside work is designated as being within allocated workload, professional fees are retained by the University in an account of the operational area of the academic staff member.

If University outside work is regarded as being in addition to allocated workload, then payment options are:

• retention of professional fees by the University in a surplus account in the operational area of the staff member, with funds to be expended in accordance with University policies and procedures;
• subject to the appropriate approval procedure being followed, payment to the staff member through the University payroll (via a completed Payroll (Overload) Claim form available from the FRP website ). For further information on the approval process, refer to D/7.1.1 .

Where University outside work is undertaken in combination of 'within allocated workload' and 'in addition to allocated workload', the workload proportions to be allocated and payment mechanisms are negotiated and approved by the authorising officer.

For further details regarding financial and contractual aspects of University outside work, refer to D/7.1.12 below.

Private outside work

All private outside work is regarded as being in addition to allocated workload. As noted above ( D/7.1.5 ), payment or remuneration for private outside work does not involve the University in any way.

Exempt outside work

Workload and payment arrangements for exempt outside work (refer to definition in D/7.1.3 ) will be negotiated as for university outside work where applicable.

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7.1.12 Financial and contractual considerations for University outside work

(a) Costing and pricing

University outside work contract prices are set by the University regardless of whether the work is to be undertaken within allocated workload or in addition to allocated workload. The University seeks to recover the full costs of university outside work, and charge market competitive rates for staff and equipment. However, in setting contract prices, the specific circumstances of any project may be taken into account.

As a component of the cost of a project, an indirect costs charge of at least 25% of gross income is made to provide for the indirect support provided by the University. For commercial research, the indirect cost charge is at least 16%. The charge is returned to the operational area.

Further information on costing and pricing is available from the Office of Commercial Services.

(b) Signing authority for contracts

The officers delegated to sign contracts for University outside work are specified in the Schedule of Authorities and Delegations - Part 2 Vice Chancellor (Contracts and Agreements ).

(c) Expenditure of funds

Expenditure of funds for University outside work, such as acquisition of equipment or appointment of support staff, is made in accordance with University policies and procedures and the Schedule of Authorities and Delegations .

(d) Management of University outside work contracts

General requirements for management of contracts are specified in G/6.1 , and must be complied with in regard to a University outside work contract.

(e) Disbursement of income

Disbursement of income for university outside work is based on actual, not budgeted, revenue and costs. Disbursements are prioritised in the following order in the event of any dispute:

• indirect costs (at least 16 per cent for commercial research and at least 25 per cent for other paid outside work charge on gross income for the contract);
• actual direct non-labour costs;
• actual direct labour costs, usually in the form of salary and salary on-costs for administrative staff and other staff contracted specifically for a project;
• professional fees for academic staff where the work is undertaken in addition to allocated workload (as appropriate - refer to D/7.1.11 );
• balance to operational area surplus accounts or other accounts.

Further information on disbursement of income is available from the Office of Commercial Services.

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7.1.13 Recordkeeping and reporting

The Office of Commercial Services maintains a Register of Outside Work which records information captured in the approval process. The authorising officer should forward information or forms regarding approvals to Commercial Services (for procedures see the OCS website ).

The Office of Commercial Services shall maintain the Register of Outside Work, and provide a report to the Vice-Chancellor each year, through the Deputy Vice-Chancellor (Research and Commercialisation), detailing:

• the numbers of staff participating in university outside work and private outside work, detailed by organisational area;
• the actual income value of university outside work;
• the amount of time spent in university outside work;
• analysis of trends and issues in the conduct of outside work, with particular emphasis on the extent to which it supports pursuit of the University's strategic ambitions, maximising benefits and minimising risks to the University and its staff;
• a full list of names of staff involved in university and private outside work.

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7.1.14 Intellectual property

Management of intellectual property used in or generated in the course of university outside work is to be in accordance with the University's intellectual property policy (see D/3.1 ).

Ownership of intellectual property generated by staff in the course of private outside work will not generally be owned by QUT, subject to contractual arrangements and use of university resources. Any arrangements for use of QUT intellectual property in private outside work must be finalised prior to commencing any private outside work.

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7.1.15 Complaints and non-compliance

Responsibility for delivery of university outside work lies with the relevant school or department. Complaints from clients in relation to the conduct of university outside work will be dealt with by the authorising officer in the first instance.

Issues relating to non-compliance with this policy by staff will be addressed by the authorising officer in the first instance, and in accordance with the procedures for performance management (see B/9.5 for senior staff, QUT Enterprise Bargaining Agreement (Academic Staff) , clause 43 and QUT Enterprise Bargaining Agreement (Professional Staff) , clause 48), or misconduct or serious misconduct (see B/8.5 for senior staff, QUT Enterprise Bargaining Agreement (Academic Staff) , clause 44 and QUT Enterprise Bargaining Agreement (Professional Staff) , clause 49), as appropriate.

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7.1.16 Administrative support for outside work activities

The Office of Commercial Services provides guidance on assessing and managing outside work proposals and must be involved in any university outside work which meets any one or more of the following criteria:

• is valued at $10,000 or more;
• includes commercial research;
• is an expert witness project;
• is an international project;
• requires quality certification (ISO 9000).

Faculties and institutes may manage university outside work valued at less than $10,000, and not otherwise covered by the above list, as they see fit within the requirements of this policy.

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7.1.17 External work unrelated to a staff member's position at QUT

Academic staff are free to undertake other work not related to their duties or area of expertise without the need to seek prior approval, provided that:

• the work does not interfere with the performance of QUT duties;
• the work does not involve the use of University resources;
• the work does not involve a conflict of interest between the staff member's personal interests and the interests of the University;
• the work does not involve a misuse of the staff member's position at the University.

Where undertaking the work may result in a breach of these requirements, the staff member must notify their supervisor and must take appropriate steps to remedy the situation in conjunction with the supervisor. Appropriate steps may include:

• management of a conflict of interest situation in accordance with QUT's Code of Conduct and the Procedures for Disclosure of Interests ;
• subject to the agreement of the relevant head of school, alteration of working arrangements (eg reduced hours of work, period of leave) to ensure that work performance for QUT is not adversely affected by the outside employment commitments;
• discontinuing the outside employment.

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Related Documents

MOPP A/7.1 Indemnity and insurance

MOPP B/8.1 Code of Conduct

MOPP D/3.1 Intellectual property policy

MOPP G/6.1 Policy on management of contracts and MOUs

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Modification History

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