Document Currently Under Review
Current Status: Feedback Being Incorporated - with Sponsor 25 February 2020
- To foster staff participation in consultancies that bring opportunities and benefits to the University, its staff, students, community and clients;
- To facilitate the negotiation of, and entering into, consultancy contracts of benefit to the University and its staff, while ensuring full cost recovery to ensure compliance with the Trade Practices Act and the National Competition Policy;
- To provide a flexible management framework to cover the range of consultancies whilst using the University’s name, services, space, facilities, equipment or paid work time, including consultancies directed toward charitable purposes and community service;
- To define the University’s management and quality control expectations for consultancy contracts involving or implicating the University, including those relating to risk management and accountability;
- To provide guidance to persons within and external to the University as to when and how consultancies may be undertaken using the university’s name, services, space, facilities, equipment or paid work time.
- To provide guidance to staff on academic freedoms and freedom of speech when participating in consultancies, with reference to the University’s Academic Freedom Policy.
This policy covers three distinct types of consultancy:
- General Consultancy
- University Consultancy
- Private Consultancy
This policy applies to full-time and part-time staff of the University or where other arrangements are made for staff specifically employed in a consulting role.
While academic staff usually undertake consultancy activity, TAFE teachers and general staff may also undertake consultancy activity. However TAFE teachers are required to perform any task within the range of professional duties for a minimum of 38 hours per week. For general staff consultancy work may be specified in their employment contract and standard weekly work responsibilities.
The provision of professional services to an external party for a fee or other consideration. Consultancy is generally based on the application of an existing body of knowledge.
Within this definition consultancy does not include:
|General Consultancy:||The provision of a professional service requiring the use of the University’s name, services, space, facilities, equipment and paid work-time, or other resources. An employee, with the approval of the University, initiates the consultancy, takes the role as a Principal Consultant and provides professional services, through the University, to an external party for a fee or other consideration. General Consultancy activities must only occur outside of full-time workload unless the Principal Consultant’s salary is deducted from gross profit before any Net Profit is declared.|
|Private Consultancy:||Consultancy undertaken for remuneration or other consideration by a staff member in his or her personal capacity as an individual or through a partnership, private company, trust, or any similar entity, as opposed to in his or her capacity as an employee of the University. Directorships and Partnerships are included in this category.|
The staff member acting as the initiator of the consultancy or, where more than one staff member is involved, the staff member designated as the principal or consultant undertaking the major part of the work involved. The Principal Consultant has the overall responsibility for the performance of the consultancy including financial management and reporting requirements.
|Freedom of speech||The freedom of staff, students, and invited visitors to the University to express lawful opinions publicly, without undue restriction|
The Director, Human Resources is responsible for the implementation and monitoring of this policy.
Heads of School/Directors are responsible for ensuring staff comply with this policy and for ensuring appropriate approval, financial, record keeping and legal procedures are in place where relevant.
- Competition Code Compliance Manual - the University is required to ensure that all of its commercial activities are costed in a manner that ensures that the University does not gain an unfair competitive benefit for the use of the infrastructure which is provided by through its Commonwealth funding.
- Trade Practices Act 1974.
- University Statute 8.2 Intellectual Property.
- University Regulation 8.2 Intellectual Property.
- Staff Consultancy Procedure.
- Costing Proforma for Consultancies and Contract Research over $5000 to be completed within the Current Year.
- Budget Proforma for Research and Consultancies Extending over Two Calendar Years (over $5000).
- Costing and Distribution of Earned Income (Higher Education) Policy.
- Conflict of Interest Policy.
- Academic Freedom Policy.
- Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers (June 2019 revised version).
The Staff Consultancy Policy is to be implemented throughout the University community. This implementation will be via an Announcement Notice under FedNews website and on the ‘FedUni Policy – Recently Approved Documents’ website to alert the University-wide community of the approved Policy. The Staff Consultancy Policy applies from the date of Council approval.