Employment outside of normal public sector duties requires departmental approval.

Purpose

This policy sets out the considerations and approval process for employees who wish to engage in outside employment while working for the department.

Scope

Applies to all employees of the department.

Statement of Entitlement

The department is committed to ensuring that its employees comply with the Code of Conduct for Victorian Public Sector Employees 2015 (Code of Conduct).

Section 3.8 of the Code of Conduct outlines employees' obligation regarding outside employment while employed by the department.

Employees should note that failure to comply with the provisions of this policy may constitute misconduct as per clause 21 of the Victorian Public Service Enterprise Agreement 2016 (Agreement).

Statement of Policy

Outside employment is not permitted where the work arises from, or is associated with, the employee's official duties unless it is in the interests of the department (e.g. some lecturing activities).

Employees who, in the course of their official duties, have access to information not available to the public are not permitted to engage in any outside employment to which this information might be relevant.

The department is to have first call on the services of the employee.

Outside employment should not affect the efficiency of an employee or in any way affect the performance of their duties.

Outside employment should be performed wholly in the private time of the employee concerned.

An employee should be in a fit and proper state when reporting for work so that other employees and clients are not put at risk.

An appropriate rest period of eight hours should be in place between working for an outside organisation and commencing work with the department.

Guideline

Application for approval

Permission to engage in outside employment must be obtained prior to engaging in such employment.

Applications to engage in outside employment should be submitted to the manager indicating:

  • the nature of the work/employment
  • the name and address of the employer
  • the place of employment
  • the actual hours and days of the week to be worked
  • a declaration that the proposed employment will not unduly interfere with the employee’s ability to perform their duties
  • other information sufficient to enable an appropriate assessment of the application.

Outside employment will generally not be permitted where:

  • the nature and timing of the outside employment would be detrimental to the performance of any departmental role
  • the work arises from or is associated with the employee’s departmental role
  • the work could involve an actual, potential, or perceived conflict of interest
  • undertaking outside employment may result in an unacceptable health and safety risk to the employee.

Employees who are unsure whether their activities are within the scope of this policy should discuss their situation with their manager to ensure that they are in compliance with this policy.

The manager will submit the application to the business unit manager with a recommendation.

The request for approval to engage in outside employment should be declined if it can be suggested there is a possibility of conflict of interest or an unacceptable health and safety risk.

Initial approval will be for a period of one year with further approvals required on an annual basis. Any approval provided by the manager will be for the specific employment being undertaken by the employee. If there is any change (for example, a new employer or new role) to the employee's outside employment then a new application must be submitted.

Approval lapses automatically should the employee receive a promotion, transfer, temporary assignment or secondment to other duties within the department. Employees should reapply for approval in these instances.

Failure to adhere to the provisions outlined in this policy may result in disciplinary action.

Definitions

Outside employment refers to a staff member engaging in any employment or business in addition to their departmental employment.

A Business would include an activity undertaken by an employee where goods and/or services are provided for which payments are made. Further indicators may be the advertising of such goods and/or services or the acquiring of an Australian Business Number (ABN).

Outside employment can also include voluntary work. The department provides a wide range of compliance, enforcement and regulatory roles. Some volunteer work may pose a conflict of interest with the department which is a consideration when determining approval of outside employment.

The Agreement is the current Victorian Public Service Enterprise Agreement 2016.

Related policy and other documents

Misconduct Guideline and Related Policy

Approval

This policy is issued under the authority of the Executive Director, People and Culture and is reviewed and updated by People and Culture.

The contents of this document represent the current policy of the department and reflect its current practices and experience.

This policy is subject to biennial review and will be altered (and the alterations communicated to users) as, and when, appropriate in order to ensure that it remains current.

Changes to this policy can be requested by a business unit by presenting a suitable case to the Executive Director, People & Culture.

Contact

The following people may be contacted in relation to the matters arising under this policy: