Appointment and Employment

Part B Conditions & Benefits of Employment

Salaries and conditions pertaining to staff of the University are contained in negotiated agreements: The University of Western Australia Academic Staff Agreement 2009 The University of Western Australia General Staff Agreement 2009 ELICOS Childcare Agreement

31 General Conditions

31.1 Maximum Employment Hours (FTE)

As a general rule, employees are not able to work more than the equivalent of one (1) full time equivalent (FTE). Employees may be employed in one, or several work areas, with varying fte’s but in total these should not exceed one (1) full time equivalent. Employees may, during periods of leave without pay, participate in occasional casual employment incidental to their substantive position with the University but this must not exceed one (1) full time equivalent. Part-time employment combined with paid leave to a maximum of one (1) full time equivalent is permissible. Approval to exceed one full time equivalent (FTE) must be given by the Director, Human Resources and will only be granted in exceptional circumstances (eg a full time general employee undertaking casual teaching in addition to their full-time hours of work).

 

31.2 Staff Exchanges and Placements with Other Organisations

31.2.1 Participation

Participation in a programme of interchange of personnel with outside organisations may be approved by the Dean, Registrar or Executive Director (Finance and Resources) on the recommendation of the head of school or administrative area where it can be established that the exchange will be beneficial to the University, the organisation concerned and the individual staff members involved.

 

31.2.2 Conditions

Staff members participating in an approved exchange or placement programme will be regarded as being on duty at the University with all existing and accruing rights preserved.

 

31.2.3 Payments & Accruals

The University will ensure that, in respect of its own staff: salary and allowance payments continue uninterrupted with any recoup being arranged by the University direct with the other organisation; leave and other entitlements continue to accrue in accordance with normal conditions of service. Specific agreement on leave arrangements should be reached with the other organisation before the exchange takes effect.

 

31.2.4 Conformity

The University will agree to employ the exchange or placement staff member in conformity with any agreement arranged between the University and the other organisation.

 

31.2.5 General Issues

General issues regarding staff exchanges: Any exchange or placement agreement between the University and another organisation will identify the officer to whom the exchange or placement staff member will be responsible. If disciplinary action is required during the period of the exchange or placement, it will be initiated by the organisation to which the exchange or placement staff member is attached and administered in consultation with the employing organisation. Exchanges or placements would generally be arranged for periods between three and six months, depending on the circumstances, and can be terminated only if both parties agree. Reciprocal arrangements may be negotiated where requested in any particular case but reciprocity need not be simultaneous nor in the same employment field.

 

 

31.3 Appointments Financed From Outside Sources

31.3.1 Prior to Negotiations

Before negotiating with an outside body for funds to support an appointment for a limited period, members of staff should consult the Senior Deputy Vice-Chancellor to determine the University’s attitude to the proposal. Limited outside support for new appointments should not be sought, and normally will not be accepted, unless effectively required as bridging finance for either a staffing expansion predicted or a new development planned within the period of support.

 

31.3.2 Research Grants

The procedure relating to Research Grants and Contracts from Outside Sources, may also be of interest. Refer Guidelines Governing the Establishment of Non-University Funded Positions.

 

31.3.3 Grant Recipients

Grant recipients, whose budget includes provision for staffing assistance, should note that all appointments made by the University are governed by the same general principles. Matters such as starting salaries and other conditions should be discussed with the Dean before negotiations are entered into with potential appointees.

 

 

31.4 Employees Eligible for a Supported Wage

Supported Wage

 

31.5 Consultancy/Contract Work

31.5.1 Individual

Where a school contracts with an individual, payments must be processed through the payroll system with the usual deductions for taxation. Payroll tax and workers’ compensation insurance are also applicable. The above applies even if that individual is part of a company. If a particular person is requested to perform the service then he or she is considered an employee and the payment must be processed by Human Resources.

 

31.5.2 Restrictions

It is not possible for the University to contract with the particular individual and then pay a family company or partnership.

 

31.5.3 General Payment

Where a school enters into a contract for services with a company or business partnership and it is not important which member of that company or business partnership performs the work then Financial Services may make a general payment, provided a formal invoice is submitted by the company or business partnership.

 

31.5.4 Taxation

Should a school wish to enter into a contract for services and it is intended that contract payments not be taxed, the school should complete a ‘Request to Engage a Contractor’ form. Request forms should be forwarded to Human Resources for advice prior to entering into any contracts.

 

31.5.5 Individual's Taxation

Consulting and contract payments to individuals which do not satisfy income tax requirements will be subject to income tax deductions and will be taxed at the maximum tax rate unless a 'Tax File Number Declaration' form (available from Human Resources) is submitted.

 

 

31.6 Salary Packaging

Salary Packaging

31.6.1 Salary Packaging General Information

Salary packaging is also referred to as salary sacrificing or total remuneration packaging. It is an arrangement between an employee and an employer, where the employee agrees to forego part of their salary or wages in return for your employer (or someone associated with your employer) providing benefits of a similar value. Salary packaging is a voluntary option for eligible employees: The University strongly recommends that an employee who is considering salary packaging seek independent financial advice before entering into any agreement to package. Salary Packaging at UWA is not available to casual employees at UWA. Who is eligible to salary package? Why does the University allow salary packaging? What can be packaged? Further information Frequently Asked Questions

 

31.6.2 Who is Eligible to Salary Package?

To be eligible to salary package an employee must: have an employment contract for a minimum of three (3) months at the time of entering into salary packaging arrangement. Employees who have less than a three month contract may apply to salary package. The application will be assessed by the Salary Packaging Coordinator on a case by case basis.

 

31.6.3 Why does the University allow salary packaging?

Salary Packaging allows the University to provide flexibility for employees in regard to their pay. Salary Packaging Fees The University charges a fee for employees to salary package to cover administrative costs. A fee of 2.5% of the value of the packaged items is applicable to: 7% Unisuper or flexible contribution rate Staff Parking E.g. An employee receiving a salary of $1500 per fortnight and packaging $100 worth of benefits will pay a fee of $2.50 per fortnight. The fee is subject to Goods & Services Tax (GST) which is included within the 2.5%. A fee of 1% of the value of the packaged items is applicable to: Voluntary Contributions into superannuation   For all other salary packaging items the fee is 3% of the value of the packaged item. E.g. An employee receiving a salary of $1500 per fortnight and packaging $100 worth of benefits will pay a fee of $3 per fortnight. The fee is subject to Goods & Services Tax (GST) which is included within the 3%.

 

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31.7 Job Sharing

The information in the Job Share booklet is currently being reviewed and updated. Please only consider this information as a guide. For more current information on the operations around Job Sharing, please contact the the HR Advisers within the HR Services section on 6488 4273 and 6488 4671 Back to Human Resources.

 

31.8 Recognition of Prior Service

POLICY Employees of the University who, immediately prior to appointment at the University, were employed by an Australian public higher education institution, Commonwealth Government Department or Western Australian Government Department are entitled to recognition of this service for long service leave and sick leave purposes. Recognition of prior service should be discussed and documented as part of the recruitment process. However, in line with the University’s commitment to a fair and equitable selection process, a candidate’s application should not be eliminated from contention due to the existence of an entitlement to prior service. This policy only applies at the time of commencing employment and should be negotiated at commencement.   STANDARDS and GUIDELINES Approved institutions: Australian higher education institutions Commonwealth Government Departments Western Australian Government Departments   Internal Transfers Information relating to staff transferring from a school or administrative department in the University to another within the University can be found at: Internal Transfers   Long Service Leave All continuous service with an approved institution prior to the date of appointment to this University counts as qualifying service if regarded as qualifying service for long service leave by the previous employer It is essential to note that where the employee has cleared, or received payment in lieu of, entitlements from a previous employer this is not transferable as an entitlement to this University Employers are obliged to pay out any full entitlements accrued while in their employ In principle, there should only be 2 week’s break between a person’s employment with a previous employer and subsequent employment with the University, however, with the approval of the Head of School, the break can include recreation leave provided the total period does not exceed the period of accrued recreation leave plus 2 weeks Employees are required to work for a minimum period of 3 years before clearing an entitlement. Access to LSL prior to 3 years is at the discretion of the School/Admin Dept. Salary is paid at the rate of salary applicable at the time leave is taken In the event of death of the employee, retirement on or after reaching age 55 or being retired on grounds of ill health, all previous uncleared qualifying service credited by this University is taken into account in determining the payment in lieu due under the long service rules of this University   Sick Leave Credits accrued with an approved institution prior to the date of appointment to the University are transferable on appointment, provided the break between ceasing employment with the previous employer and commencing employment at the University does not exceed 2 weeks, however, with the approval of the Head of School, the break can include recreation leave provided the total period does not exceed the period of accrued recreation leave plus 2 weeks All credits accrued at the University must be exhausted prior to accessing any transferred sick leave credits   Recreation Leave Previous employers are obliged to pay out all accrued recreation leave entitlements on resignation but at the request of the employee, and approval of the Head of School, monies representing accrued recreation leave may be transferred to the University only from State Government Departments Should the money transferred not cover the same period of leave, taking into account variations to salary, the period of leave credited should be adjusted accordingly

 

32 General Staff Appointments

32.1 General Staff Appointment Conditions

32.1.1 Authorisation

Ongoing or fixed-term general staff appointments are authorised by the head of school on the basis of a previous approval to fill the position by the Dean. A person must not be employed by the University of Western Australia unless they are at least 15 years old to meet the minimum age requirement.

 

32.1.2 Offers of Appointment

Offers of appointment are prepared in Human Resources and made officially by the Director, Human Resources, on behalf of the Vice-Chancellor. A copy of the offer is sent electronically to a designated person in the school. Subsequent formal correspondence arising from offers of appointment is dealt with by Human Resources.

 

32.1.3 Appointments to Non-Research Grant Funded Positions

Appointments to non-research grant funded positions are normally made as ongoing or fixed term. Appointments to research grant funded positions are normally for the period of the grant. Fixed term appointments can only be made for specific reasons as described in Schedule F of the General Staff Agreement, except positions at level HEE10 or above are not included in the fixed term provisions and will normally be offered a contract of up to 5 years. The conditions of employment will be specified in the contract. All fixed term appointments of 12 months or greater are probationary for a period of six months. On the expiry of this initial term an appointment is either confirmed, annulled or extended on probation for a further term not exceeding six months. Once an appointment is confirmed it continues until the expiry of the term or until terminated by written notice by either party.

 

32.1.4 Needs of the School

Positions may be filled on a part-time or job share basis subject to the needs of the school and University on the recommendation of the head of school and the formal approval of the Dean in particular cases. Full time staff wishing to transfer to part-time employment may do so for a specific period or as an ongoing, non-reversible arrangement subject to approval by Head of School.

 

32.1.5 Effective Date

When a member of staff successfully applies for appointment to a new position the effective date should be discussed and agreed between the receiving and relinquishing schools in consultation with the staff member. The receiving school should take the initiative. The starting point in discussions should be the period of notice the staff member would normally have been required to give if she/he had been resigning.

 

 

32.2 Changing the Status of the Appointment

32.2.1 Operating Grant Funded

For operating grant funded positions a change from fixed term to ongoing status for appointees may occur in different ways depending on a number of factors.

 

32.2.2 Non Research Grant Funded Positions

For non research grant funded positions where the appointment has been made on a fixed term basis, and where the appointee competed for the position by way of an advertisement and selection exercise, the head of school supports an ongoing appointment, and the Dean approves the appointment, taking into account current profile considerations and the source of funds the appointee may be converted to ongoing without further advertisement and generally occurs at the expiry of the current contract of employment, however, conversions may occur at other than the expiry of the current contract on a recommendation by a head of school, subject to the conditions outlined above.

 

 

32.3 Probation (General Staff)

Probation (General Staff)

 

 

32.4 Internal Transfers

32.4.1 Release

Staff wishing to apply for an internal transfer (temporary) should seek agreement from their supervisor that they would be released for a fixed term period prior to submitting an application or expression of interest.

 

32.4.2 Negotiations

The head/school manager/supervisor of the recruiting/receiving school or administrative department should contact the head/school manager/supervisor of the relinquishing school or administrative department to inform them of the offer. The head of school/school manager/supervisor should negotiate a mutually convenient date of transfer.

 

32.4.3 Minimum Period of Notice

The minimum period of notice is one month, for an employee not on probation, but a lesser or greater period of notice could be negotiated if mutually agreed by the employee and the head/school manager/supervisor of both schools or administrative departments.

 

32.4.4 Filling of Newly Created Vacancy

Where an ongoing employee transfers to a fixed-term appointment her/his substantive position can only be filled for the term of the transfer. Ultimately, the employee would resume the substantive position or transfer to the new position on a permanent basis unless the transfer is at Level 10 which would be on a fixed term basis. Any arrangements negotiated under this clause must be included in the letter of appointment and acknowledged by the transferee.

 

32.4.5 Letter of Appointment

The letter of appointment, prepared by Human Resources, to the employee should reflect any particular arrangements which may have been negotiated.

 

32.4.6 Transfer of Funds

When an employee transfers from one work area to another funds for Recreation Leave, Annual Leave Loading and Long Service Leave (including pro-rata Long Service Leave) balances, together with oncosts, are to be transferred from the relinquishing to the receiving work area. HR Services will advise both work areas the amount and value of leave and leave loading, including oncosts, prior to the internal transfer of funds being organised through Financial Services by the receiving work area. The value of the leave and leave loading will be calculated at the hourly rate applicable on the employee’s final work day in the relinquishing work area. Transfer of funds for leave is limited to Recreation Leave, Annual Leave Loading and Long Service Leave.

 

32.4.7 Extension of Transfer

Periods beyond the initial fixed term appointment must be mutually agreed between the individual and supervisor from the relinquishing work area. Consideration should be given to the efficient running of the relinquishing work area while also considering developmental opportunities for the employee.

 

 

32.5 Hours of Duty

Hours of Work

 

32.6 Acting Arrangements

32.6.1 Acting Opportunities

Acting opportunities arise when substantive occupants take periods of leave or act in other positions. These occasions should be used by supervisory staff to ensure that the efficiency of the operating unit is maintained and that the on-the-job experience is directed towards professional development.

 

32.6.2 Three Levels

There are three levels of acting arrangements: short term vacancies – three months or less medium term vacancies – between three and six months vacancies in excess of six months

 

32.6.3 Short Term Vacancies

Short term vacancies are filled at the discretion of the supervisor/manager. Supervisors/managers are encouraged to share such opportunities amongst eligible staff as a form of professional development.

 

32.6.4 Longer Term Vacancy

An opportunity to act in a longer term vacancy offers significant advantages to the temporary occupant in terms of professional and personal development. It is critical that all interested parties have an opportunity to indicate their interest in the position. Long term vacancies, in most instances, are known in advance allowing time to advertise the position internally or externally for a fixed period via circulation of an expression of interest. This should be done in other than the most unusual circumstances. For periods of up to six months advertisement within the faculty is recommended; for periods greater than six months, advertisement throughout the University would be expected. In some circumstances an external advertisement might be appropriate.

 

32.6.5 Steps to Filling a Longer Term Vacancy

Staff wishing to fill a long term acting vacancy should refer to the guidelines on selection. In general the following steps should be followed: Approval to fill is obtained from the relevant supervisor (applies also to short term vacancies). A selection committee formed. An expression of interest outlining: the expected term of the vacancy selection criteria duty statement closing date is circulated through the University via the Human Resources Employment Opportunities. Selection criteria and duty statements will be available through the School. Interested staff submit brief written applications addressing the selection criteria and direct them to the head of school in which the vacancy has occurred. Applicants are short listed by the selection committee on the basis of how well their applications demonstrate suitability and competitiveness against the selection criteria. Where the pool is small a panel may choose to interview all applicants. Alternatively, if an obvious choice has emerged then they may recommend the applicant without interview. Where there are several suitable applicants, those short listed are interviewed. Referees should normally be contacted. A brief selection report, together with all other documentation, should be completed and securely stored within the school. After informing the applicants of the decision the supervisor should submit a completed Higher Duties Allowance form to Human Resources. It is recommended that committee chairs provide feedback to applicants.

 

32.6.6 Rotating Staff

If a manager chooses she/he may rotate staff through a long term vacancy as a means of providing professional development to staff. Appropriate selection procedures should be followed.

 

32.6.7 Conjunctional Policy

This policy should be read in conjunction with the University's policy on Redeployment, Redundancy and Retrenchment which provides that the Vice-Chancellor may direct the placement of a redeployee into any vacancy.

 

 

32.7 Payment of Hire for Use of an Employee’s Own Vehicle

Use of an Employee's Private Vehicle

 

32.8 Travelling Allowance

Policy   General Staff Agreement 2009         Employees who travel on University business will be reimbursed actual reasonable expenses on the provision of receipts.   Employees who travel on University business where an overnight stay is required may also claim an allowance of $20 per day for incidental expenses without the provision of receipts.   The rates below are a guide to reasonable expenses:   Item Particulars Daily Rate     ALLOWANCE TO MEET INCIDENTAL EXPENSES $ 1 W.A. – South of 26° South Latitude 11.07 2 W.A. – North of 26° South Latitude 14.06 3 Interstate 14.06       ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT A HOTEL OR MOTEL   4 W.A. – Metropolitan Hotel or Motel 184.37 5 Locality South of 26° South Latitude 158.88 6 Locality North of 26° South Latitude:     Broome 244.21   Carnarvon 210.33   Dampier 188.95   Derby 185.04   Exmouth 200.23   Fitzroy Crossing 294.73   Gascoyne Junction 130.96   Halls Creek 244.78   Karratha 306.27   Kununurra 251.78   Marble Bar 182.98   Newman 257.40   Nullagine 154.71   Onslow 184.11   Pannawonica 188.64   Paraburdoo 242.72   Port Hedland 221.09   Roebourne 131.22   Sandfire 179.89   Shark Bay 135.91   Tom Price 216.97   Turkey Creek 145.90   Wickham 172.78   Wyndham 156.71 7 Interstate – Capital City     Sydney 227.06   Melbourne 233.24   Other capitals 190.55 8 Interstate – Other than Capital City 158.88       ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR MOTEL.   9 W.A. – South of 26° South Latitude 75.29 10 W.A. – North of 26° South Latitude 87.81 11 Interstate 87.81       TRAVEL NOT INVOLVING AN OVERNIGHT STAY   12 W.A. – South of 26° South Latitude:     Breakfast 13.70   Lunch 13.70   Evening Meal 36.87 13 W.A. – North of 26° South Latitude and Interstate:     Breakfast 14.94   Lunch 24.46   Evening Meal 34.40 14 Interstate     Breakfast 14.94   Lunch 24.46   Dinner 34.40     The amounts in Schedule D of the Collective Agreement will be varied annually, each July, to give effect to movements to the CPI Index with the updated rates being reflected in Policy.   Related Information   Traveller's Checklist (Financial Services)         Procedures  Download Per Diem form from web Complete all sections of the form Pass form to Delegated Authority for approval Send form to Human Resources when approved

 

32.9 Home Based Work

Home Based Work

 

33 Academic Staff Appointments

33.1 Professional and Consultative Work: Policy Requirements

33.1.1 Purpose, Scope and Objectives of the Policy

The University of Western Australian encourages its staff to engage in professional and consultative activities that advance the professional interests of staff and the wider interests of the University. This policy statement sets out the conditions under which that will occur. Definitions of terms used in this policy are found at Appendix 1. Under specified conditions, certain staff members (see B – 33.1.6.1) may engage in a variety of professional and consultative work activities that bring additional funds to the University and/or to them as individuals. These activities include: competitive research grants (which attract no private income); University Contract research funded on behalf of or jointly with public or private sector organisations which attracts no or limited income to individuals (see B – 33.1.14.5); professional and consulting work including company directorships, contract research, contract consulting and contract teaching (in which all or some proportion of the income is disbursed to the individual); professional practice in medicine and dentistry. Clinical academics who engage in medical private practice shall do so consistent with this policy and any policy or regulation stipulated by the relevant teaching hospital. Time spent on medical private practice shall be deducted from the 20% of time allocation provided for other forms of professional consultative work covered by this policy. provision of professional expertise on an occasional basis that may attract a fee or honorarium. Examples include contributions to the press radio or television broadcasting occasional lectures, exhibitions or performances expert witness testimony sitting fees for government or related committees, or judicial or administrative bodies; and pro bono work within the community (resulting in no additional University or private income but enhancing the reputation of the University). Members of staff also engage in a range of professional activities, ordinarily considered part of their regular duties, that may attract fees or royalties. Examples of such activities include: Publication of books Proceeds from articles published in journals Refereeing of articles in learned journals Publication of book reviews Acting as an external examiner Formal approval for such activities (including activities outlined in B – 33.1.1) is not required although, for annual reporting purposes, notification of the Head of School is advised via the staff member's Annual Activity Return (see B – 33.1.13.4.1) so that they might be included in the Annual Report. Members of staff may also have private, recreational and other professional interests that are subject to private income but do not interfere with the staff member's University time and duties. Where private income arises from these activities notification of the Head of School is suggested.

 

33.1.2 Conditions

This policy pertains most particularly to those members of staff engaged in professional and consultative work (refer to B – 33.1.1) that meets one or more of the following conditions: The work is conducted within the time allocation allowed by the University for this purpose. OR The work utilises University resources and/or facilities. OR The work has been obtained as a consequence of the reputation of the University and the individual's affiliation with and skills/knowledge demonstrated at this institution. (For example, an architect engaged in paid home renovations is likely to be covered by these guidelines. An historian doing the same thing would not.) This policy is concerned specifically with professional and consultative work undertaken by a staff member that may result in private income. The accounting processes for these activities can vary, ranging from payment to them as individuals, through a trust, or to a company or registered business. Alternatively, payment for the work may come through a University account from which a portion is withheld to cover University overheads and the remainder disbursed to the individual or allocated as research funding. For the purposes of this policy professional and consultative work in which revenue is returned to a University account will be known as a University Consultancy. A special form of University Consultancy is a School Consultancy in which the Head of School contracts the consultancy work on behalf of one or more members of staff. Work in which the payment bypasses the University is known as a Private Consultancy. For a range of academic, legal and financial reasons outlined in this policy statement staff are encouraged to define their professional and consultative work as a University Consultancy (or School Consultancy).

 

33.1.3 Objectives

The objectives of this policy on professional and consultative work are to: encourage staff participation in professional and consultative work that bring opportunities and benefits to the University, its staff and clients; provide a flexible management framework to cover the range of professional and consultative work customarily undertaken by members of the University using the University's name, services, space, facilities, equipment, or paid work time, including those directed toward charitable purposes and community service; define the University's management and quality control expectations for contracts of professional and consultative work that involve or implicate the University, including those relating to risk management and accountability provide guidance to persons both inside and outside the University as to when and how professional and consultative work may be undertaken using the University's name, services, space, facilities, equipment or paid work time.

 

33.1.4 Operative Date

The operative date of this revised policy is 27 September 1999. It supersedes any previous policy on professional and consultative work. Private arrangements in effect prior to the operative date must show evidence that they comply with the arrangements described in this policy statement or other such remedy as may be agreed by the Senior Deputy Vice-Chancellor.

 

33.1.5 Conjunctional Reading

This policy statement should be read in conjunction with any relevant State and Federal legislation. The following related University policies may also be relevant: Guidelines on Public Comment by University Staff Recovery of University Infrastructure Costs A Guide to the Intellectual Property Policy Guidelines on Research Ethics and Research Conduct

 

33.1.6 General Information

33.1.6.1 Conditions

Conditions of appointment for members of all academic teaching and research staff holding tenurable or fixed-term appointments (full time, part time and honorary) allow them to undertake professional and consultative work under the conditions specified in this policy although formal approval must be sought and granted. While permission for staff holding part time or honorary appointments is required, in most circumstances permission would be anticipated. Some members of the general staff have employment contracts that allow them to undertake professional and consultative work under the same conditions as for academic staff and as specified in this policy. Other general staff are prohibited from this activity during normal working hours, as are members of the research staff whether or not their salary is on the academic scale. In the case of research staff, there may be exceptional circumstances in which this restriction may be waived with the permission of the head of school and Dean on recommendation of the grant holder funding the research staff member's salary.

 

33.1.6.2 Participation

Participation in professional and consultative work by staff members involving the application of their special knowledge and skills is of benefit to both the University and the general community.

 

33.1.6.3 Benefits

Some of the benefits may include: the ability to attract and retain high quality staff, particularly in some professional areas; opportunities for staff to maintain their professional skills; opportunities for postgraduate students to gain professional skills; opportunities for the University to perform its community service role; ways to enhance the status and prestige of the University in the community; and contributions to the research quantum of the University and, hence, to its overall research funding.

 

 

33.1.7 Key Principles

Four key principles are central to this policy on Professional and Consultative Work: Maintaining Priorities: The priority activity for staff is to fulfill their employment/contractual obligations in such areas as teaching, research and servicing core functions, that further the mission of the University. Professional and consultative work is a privilege, not a right, and should be approved only in those cases where performance is satisfactory. Ethical Behaviour: In discharging their contractual obligations and in any other external liaison with members of the community, staff will display the highest possible ethical standards. Accountability: Professional and consultative work will occur within an accountability framework with clear requirements for approvals, recording and reporting of these activities on behalf of the University. Failure to comply with these accountability requirements will be considered as misconduct and may result in disciplinary action. Legal and Financial Protection: All legal and financial arrangements established for the purpose of participation in a Private Consultancy, where payment is made direct to an individual, will ensure that the University is not liable for such activities. In ordinary circumstances those engaged in a Private Consultancy may not use any University facility (power, space, equipment, letterhead, consumables). Where such use has been agreed, any and all costs that arise as a consequence of private use of University services and facilities will be recouped in accordance with full cost recovery principles. Staff engaged in University and School Consultancies are indemnified by existing University policies.

 

33.1.8 Maintaining Priorities

Professional and consultative work should be related to the work of the University and should not conflict with the interests of the University.

 

33.1.9 Obligations of the Staff Member

The opportunity to participate in such work is given on the basis that contractual obligations to the University must take priority over any professional and consultative work and that the work is related to and will directly or indirectly contribute to the mission of the University.

 

33.1.10 Fulfilling these obligations

In most instances staff members have a contractual obligation associated with teaching and research or the servicing of such areas. Fulfilling these obligations at a high level is the primary task. The standard of the professional and consultative work should generally be such as to enhance the prestige of the University and the professional reputations of the staff involved. Routine testing and professional work that could easily be carried out by other persons in the community should, if possible, be avoided. (It is recognised, however, that such work may be undertaken in the context of a field work programme for students.) Staff should engage in professional and consultative work that addresses more challenging and innovative problems within the staff member's discipline and/or fields of particular expertise. In the case of academic staff it should build on and enrich a staff member's teaching and research interests and be of a quality that could well lead to peer reviewed journal articles and/or graduate theses. In the case of general staff, the work should enhance the image of the University in the community as a source of high quality expertise.

 

33.1.11 Role of the Head of School

33.1.11.1 Consulting is a privilege

Consulting is a privilege not a right for staff and should be approved only in those cases where performance is satisfactory. This judgment falls to the Head of School (other than provided for under B – 33.1.13.2.6).

 

33.1.11.2 Granting Permission

Where such permission has been granted it is also the role of the Head of School to monitor its effects on a staff member's priority commitments (refer to time limits in B – 33.1.13.1).

 

33.1.11.3 Withdrawal of Privilege

It is the role of the Head, on behalf of the University, to withdraw the privilege of consulting where there are concerns about a staff member's performance. In doing so, it should be noted that the priority on teaching is usually recognised, but the priority on research often missed. Private consulting reports are not the equivalent to refereed research publications.

 

33.1.11.4 Additional Responsibilities

Within the context of this policy the Head of School is also responsible for: providing guidance to staff on professional and consultative work; ensuring that applications for professional and consultative work comply with the requirements of this policy including the time allocation allowed (see B – 33.1.13.1); monitoring professional and consultative activity within the school; recording and reporting on the quantum of professional and consultative work to the Dean (or other appropriate officer) of the University; and facilitating internal and external audit processes.

 

33.1.11.5 Overall Responsibility

The Senior Deputy Vice-Chancellor has overall responsibility for the implementation and operation of the policy, and is final arbiter in any dispute.

 

33.1.11.6 Senate

The University Senate has final authority for approving alterations to this policy on professional and consultative work.

 

 

33.1.12 Ethical Behaviour

33.1.12.1 Directorships and Partnerships

33.1.12.1.1 Required Permission

No member of staff should, without the permission of the Vice-Chancellor, become a director of a company, whether public or private, except companies which are charitable and not for profit, (such as schools or companies formed to deal solely with private affairs) or become a partner or principal in a firm or partnership of a commercial nature.

 

33.1.12.1.2 Requests for Permission

Requests for permission to hold a directorship or other commercial positions, including those within public agencies, will be considered by the Vice-Chancellor on the advice of the Dean (or other appropriate officer) after recommendation by the Head of School. In the case of Deans, a direct request should be made to the Vice-Chancellor. The time commitments associated with a directorship must be included within the time allocation for professional and consultative work. For general staff members without provision for consulting within their employment contract this activity must be out of working hours.

 

33.1.12.1.3 Conflict of Interest

Such an appointment shall not conflict with a person's academic or administrative responsibilities or their duties or responsibilities as a member of the staff of UWA. It should also advance good relations between the University and the organisation concerned. Heads will review permission to hold such positions every two years.

 

33.1.12.1.4 Making of Public Statements

No public statement must be made by staff in regard to issues dealt with by the company, except where the staff member is identified as acting in their capacity as a director rather than as a member of the University. (Refer to Guidelines on Public Comment by University Staff).

 

 

33.1.12.2 Market Competition

The opportunity to engage in professional and consultative work is not given to staff members for the purpose of enabling them to supplement their incomes, but any fees charged should not be less than the normal professional fee. Additionally, no individual member of staff should solicit professional or consultative work by any form of public advertisement. Private Consultancy work must not compete with services otherwise provided by the University on a commercial basis.

 

33.1.12.3 Pro Bono Work

In addition to community pro bono work, as identified in B – 33.1.1, there are a number of academic disciplines within the University (law, psychology, social work, for example) that provide opportunities for students to engage in practical work. This is a means for them to gain important experience and to offer a service to the community. Staff assist and observe. The revenues from such activities are not considered within the ambit of these guidelines and all such income must be managed within the school accounting system.

 

33.1.12.4 Other Community Activities

Members of the University staff, as individuals and members of the community, might be involved in activities that have no relationship to their professional commitment to the University. The University has no concern with these activities. There might, nevertheless, be room for disagreement concerning whether a particular activity relates to their position as a staff member of the University or not, and it is desirable that the Vice-Chancellor should be informed of significant activities that could be seen in this way, especially if remuneration is involved. Where staff engage in community service activities the time required will be included in the 20% allocation. In the case of general staff on standard employment contracts these activities must normally occur outside working hours. Where private income arises from these activities, however, notification of the Head of School is suggested although not required.

 

 

33.1.13 Accountability Framework

33.1.13.1 Time Allocation

In normal circumstances the time devoted to professional and consultative work by academic staff and general staff with approved employment contracts should not exceed 20% of the working year. It is assumed that consulting work will be spread across the year, although in special circumstances, the Head may approve more concentrated periods of such work. Heads are asked to inform the Dean (or other appropriate officer) of individual consultancies in excess of 26 days.

 

33.1.13.2 Approvals

33.1.13.2.1 Written Approval

For each instance of professional and consultative work members of staff must obtain written approval from the Head of School on the appropriate application form, providing details of the proposed work. In the case of ongoing work for a single organisation approval is required only annually. The approval process must specify whether the work will be undertaken as a University Consultancy or a Private Consultancy. In approving the consulting work the Head of School is indirectly confirming that the staff member is satisfactorily performing their normal duties in accordance with the contract of employment.

 

33.1.13.2.2 Insurance

Staff are advised that when engaging in work on a private basis (Private Consultancy) they are not covered by the University's insurance policies and will require Workers' Compensation, Public Liability and Professional Indemnity insurance (see B – 33.1.14.3.2). They must also complete an indemnity, a pro forma of which is attached as part of the application form, absolving the University of Western Australia from any liability. In those cases where the University receives payment, the University's insurance policies offer sufficient cover to the consulting staff member. In approving a Private Consultancy the Head must feel confident that the arrangements made do not put the University at risk. (Refer to B – 33.1.14 on Legal and Financial Protection.)

 

33.1.13.2.3 Academic Interests

There may be instances in which it is in the best academic interests of the University and its students to establish a formal agreement with a company owned and operated by one or more individuals who are also members of the University staff. This is a form of Private Consultancy and, in such circumstances, it is essential for the Head of School and Dean, through the University's Legal Office, to prepare a formal memorandum establishing the relationship.

 

33.1.13.2.4 Approval

The Head of School shall approve or not approve the "Application to Undertake Professional and Consultative Work" giving written notice within seven (7) days, where practicable. A photocopy of the application form signed by the Head will suffice as notice of approval.

 

33.1.13.2.5 Non-approval

Should the Head of School not approve the professional or consultative work then the staff member may ask for the Dean (or other appropriate officer) to review the decision. The review process requires a copy of the application form together with a statement as to why permission should be granted, and a statement from the Head of School detailing reasons for not approving the request. The Dean (or other appropriate officer), will decide, where practicable, within seven (7) days of receipt of the submission.

 

33.1.13.2.6 Senior Level Approval

Heads of School wishing to undertake professional and consultative work should seek approval from the Dean (or other appropriate officer). Deans wishing to undertake such work should seek approval from the Senior Deputy Vice-Chancellor.

 

33.1.13.2.7 Working Without Approval

Should staff members accept professional and consultative work without approval, this will be deemed to be misconduct and subject to disciplinary action. Heads should obtain advice from the Director Human Resources before embarking on this course.

 

33.1.13.2.8 Form Completion

Prior to signing the application form as approved, the Head of School must be satisfied that all sections are fully completed (including signatures). Incomplete forms should be returned to the applicant for completion.

 

 

33.1.13.3 Recording

To provide the University with aggregate information about staff involvement in professional and consultative activities, and to facilitate the maintenance of an appropriate audit trail, records are required. Heads of Schools must keep, for a period of at least two years, originals or copies of application forms, staff members Annual Activity Returns and Annual School Activity Reports. In some instances a Head of School may seek, for his/her more formal records, more detailed information from the staff member about activities undertaken.

 

33.1.13.4 Information for Reporting Purposes

33.1.13.4.1 Forms Required

For its broader reporting requirements to Senate for research funding planning, and to support the accountability process for audit and other purposes, the University requires completion of the following forms: Application to Undertake Professional and Consultative Work (refer to Sections B – 33.1.13.2.1 to B – 33.1.13.2.8 and Application to Undertake Professional and Consultative Work. Staff Members Annual Activity Return to the Head of School At the conclusion of each calendar year the Head of School must request the completion of an Annual Activity Return from all members of academic staff and from those members of the general staff whose contracts provide for participation in professional and consultative work. Completed returns are to cover the twelve month period to the end of December. Nil Returns: Staff eligible to engage in professional or consultative work as defined in this policy but who have not done so are still required to complete an Annual Activity Return by ticking the 'No' box. Annual School Activity Report to the Vice Chancellor. The aggregate of information appearing on staff members returns as per B – 33.1.13.4.1(b) must be summarised by the Head of School onto a School Activity Report which is then forwarded to the Dean (or other appropriate officer). It is the responsibility of the Dean (or other appropriate officer), upon receipt of all School Activity Reports from Heads of Schools, and by 20th February each year, to forward these on to the Vice Chancellor. Reports will be held in the Vice Chancellery for a period of two years.

 

33.1.13.4.2 Clarity & Accuracy

Clear and accurate reporting within the above forms is essential.

 

 

33.1.13.5 Audit Requirements

Officers from the internal audit group will visit individual schools on a test basis each year. Information from the aggregate reports will be available to Senate and other University committees for the purposes of annual reporting.

 

 

33.1.14 Legal and Financial Protection

33.1.14.1 Financial Recoup

33.1.14.1.1 Costings

As part of a University Consultancy the full costs of power, space and equipment must be recovered and reimbursed to the School. This includes the costs of any secretarial and/or technical support (including on-costs) together with all consumable items (including stationery, postage, telephone charges, fax, photocopy, email and travel). It is the responsibility of the Head of School to ensure that the costs are recovered in accordance with a set of standard charges to be developed within each school. Where the consulting is done in a private capacity no University letterhead, stationery, postal address, phone number, fax number, email address or Web address is to be used, nor any other information that might associate the University with the Private Consultancy. In ordinary circumstances neither will the staff member use any University facilities (power, space, equipment and consumables). However, in circumstances where a Head of School agrees to the use of University facilities for a Private Consultancy, they must ensure reimbursement of the full costs. If it is determined that the staff member has used University facilities (power, space, equipment and consumables) without approval they may be subject to disciplinary action.

 

 

33.1.14.2 Return of Revenue to the University

33.1.14.2.1 Tax & Documentation

It is to be noted that in a University Consultancy the revenue is returned to a School account and is considered to have been done by the individual on behalf of the University. It is therefore University income and does not attract taxation. A University Consultancy also provides liability coverage for the staff member(s) concerned (see B – 33.1.14.3.1 and B – 33.1.14.3.2). When work has been done as a University or School Consultancy the Head may agree to payment of a portion of these funds to the staff member in a private capacity (see B – 33.1.2 and B – 33.1.14.5.2(b)). In this case it must be done through the Human Resources payroll system and becomes taxable. The school must maintain full documentation of such payments. school may also choose to use the revenue from a School Consultancy to cover the costs of providing market salary loadings to staff meeting the criteria.

 

 

33.1.14.3 Legal Issues

33.1.14.3.1 Workers Compensation

When professional and consultative work is undertaken as part of normal duties (eg University contract research) or as agreed in B – 33.1.14.2.1 above (a University or School Consultancy within the 20% time allocation), staff are covered by Workers' Compensation and University insurance policies. The Insurance Officer can offer advice on the specifics of this cover and arrange for legal opinions in respect of any work of a controversial nature.

 

33.1.14.3.2 Insurance Liability

When professional and consultative work is undertaken in a private capacity (Private Consultancy), the University will not accept any liability for accident or injury that may occur to the staff member during the course of that work including travel to and from the place of work. It is the responsibility of the member of staff concerned to ensure that he or she is adequately covered by appropriate Workers' Compensation/personal accident insurance. Similarly, the University accepts no liability in regard to the work done. Staff must indemnify themselves through taking out Public Liability and Professional Indemnity insurance. Alternatively, they must provide evidence that the client is indemnifying the staff member. Should staff members choose not to indemnify themselves, any risk is theirs alone. Staff should be particularly aware of the possibility of defamation and slander actions. Staff operating on a private basis should ensure that the insurance coverage is adequate if the professional or consultative service is to be delivered outside Australia.

 

33.1.14.3.3 Confirmation of Insurance

Staff seeking to engage in a Private Consultancy are required to confirm their insurance coverage to the University (through the Head of School) prior to approval being granted as part of the application process. Heads approving a Private Consultancy where no indemnity is identified must consider whether it is necessary for the staff member to obtain from the client a standard letter that indicates the private nature of the work undertaken and absolves the University of any liability. This letter will be placed on a school file.

 

33.1.14.3.4 Application Form

Should the staff member undertake the work as a University Consultancy conducted under the auspices of the University, completion of the application form is still required. A provision exists within the application form for the Head of School's signature waiving the indemnity requirement.

 

33.1.14.3.5 Third Party Liability

Under no circumstances should staff members engaged in professional and consultative work accept liabilities for third parties such as publishers, companies, partners, etc.

 

 

33.1.14.4 Sub Contracting

33.1.14.4.1 Approvals & Insurance

Staff members who employ others or sub contract a portion of their work to students or other staff are responsible for ensuring that approvals are granted where necessary and that personal indemnity insurance is in place. Any staff member who participates in a consultancy arrangement as a 'sub-contractor' is required to seek independent approval from the Head of School and must ensure that insurance as detailed in B – 33.1.14.3.2 above is in place. Staff are cautioned about the need to comply with existing legal requirements when using students for consulting work and it is recommended that they seek advice from Human Resources.

 

 

33.1.14.5 University Contracts

33.1.14.5.1 Outline for Outline

Contracts between the University and external parties are often undertaken on University premises with the use of University facilities. Projects in this category may include research and development activities, testing or sampling services, practical and/or field-work studies, expert investigations, surveys, audio, video and film productions, script-writing, graphic work, etc.

 

33.1.14.5.2 Signing of Contracts

Generally, only the Vice-Chancellor and staff with the expressly delegated authority of the Vice-Chancellor, normally the Deputy Vice-Chancellor, the Registrar, and the Executive Director [Finance and Resources], are empowered to sign contracts or agreements on behalf of the University. Agreement on intellectual property rights and equipment should vest in the University and there should be no restrictions on publication; any decision to divest copyright requires approval of the Vice Chancellor. Any previous relationship between the client organisation and the staff member must be declared to the Vice-Chancellor. Staff members who are expected to provide services as part of a University Contract should be advised of any arrangements for consulting fees to be made available to them, the terms upon which they will be made available and agree to those conditions before the contract is signed. Staff time, including support staff costs, shall be recovered in full. Costs shall include salary, salary-related costs, superannuation and other charges. Alternatively, the costs may be charged at professional rates. In most circumstances, the funds shall be credited to the School for its own use. Upon the request of the staff member, a Head of School may give approval to convert the School's income to a consulting fee to the staff member, or nominated company. A realistic assessment of the costs of the project, including consumables, postage, telephone charges and travel shall be included in the budget. A minimum infrastructure charge of 15% of the total value of the contract will be recovered by the University. Full infrastructure costs of a minimum 35% should be charged if the University Contract is commissioned and the funding body seeks full ownership rights. See Recovery of University Infrastructure Costs.

 

 

33.1.14.6 Contract Education Courses

33.1.14.6.1 Courses

Contract education courses may be conducted either on the University campus or elsewhere. Educational courses of a contractual nature outside the normal work of the University (eg professional upgrading courses) may be considered as a sub-category of contracts and as such the provisions of B – 33.1.14.5 shall apply. Such arrangements should follow the same reporting procedures as School Consultancies (refer to requirements in B – 33.1.13.4.1) University staff teaching such courses outside their normal teaching loads may be paid an appropriate consulting fee plus incurred travel expenses.

 

33.1.14.6.2 Teaching at other Institutions

Staff of this University are sometimes asked to teach courses in other higher education institutions. Other than in the case of guest lectures or teaching on study leave (for which honoraria may be paid), permission must be obtained from the Head of School for this activity. Where the teaching commitment is considered significant (20% or more of the normal teaching load in this institution) consideration must be given to arrangement of fractional appointments at both institutions.

 

33.1.14.6.3 Other Schools

A staff member from one School in this University may be asked to teach in the programme of another School. Other than in the case of guest lectures, permission must be obtained from the Head of School in consultation with the Head of School seeking the assistance. Any additional teaching of this nature, together with other consultancy activities, cannot exceed 20% of a normal workload. In normal circumstances, consideration will be given to a joint appointment where the additional workload exceeds 20% of a normal teaching load. Summer Sessions and Offshore Teaching, where they exceed a normal teaching load, will also adhere to these requirements. Payment will normally be made through the Payroll system.

 

33.1.14.6.4 Occasional Teaching

Staff may be asked to participate in occasional teaching opportunities (eg University Extension programmes). Assuming that this occurs outside their regular working hours it should be considered under the provisions of B – 33.1.1. Approval for such activities is not required although notification of the Head of School is advised so that they might be incorporated in the annual reporting process.

 

 

33.1.14.7 University Duties

33.1.14.7.1 Fees

No full time staff member may, without the permission of the Vice-Chancellor, receive a personal fee for acting in a consultative or advisory or professional capacity towards any School, Centre or service centre of the University. It is possible, however, that a staff member may be asked to assist another part of the University for a defined period of time on a specified project. In such cases the 'home' school may seek a recoup of salary costs.

 

33.1.14.7.2 Private Coaching

A staff member shall not accept fees for private coaching of students of the University except where such coaching has been approved by the Head of School.

 

 

33.1.14.8 Conflicts of Interest in University Business Transactions

33.1.14.8.1 Declaration

It is the responsibility of every staff member of the University involved in the supply of goods or services, to or for the University, to declare in writing all relevant interests that the staff member may have in any proposed transaction.

 

33.1.14.8.2 Relevant Interest

A staff member shall be deemed to have a relevant interest for the purpose of these rules if the staff member or their immediate family is or could be the proposed supplier of goods or services, or if the staff member or any of their immediate family has some interest whether as proprietor, shareholder, director, partner or otherwise in any firm, company or other business entity which is or could be the proposed supplier of the goods or services, other than an interest as a shareholder in a public listed company.

 

33.1.14.8.3 Proposed Transactions

Proposed transactions include Tenders and Invitations to Tender for the supply to the University of goods and services.

 

33.1.14.8.4 Approval

All proposed transactions subject to such declarations shall be directed to the Executive Director, in the first instance. The Executive Director may refer them to the Vice-Chancellor for approval in writing.

 

33.1.14.8.5 Conflict of Interest

Any conflict of interest relating to research activity needs to be reported to the Pro Vice-Chancellor (Research and Research Training) as set out in the Guidelines on Research Ethics and Research Conduct.

 

 

 

33.1.15 Additional Information

Senate July 1995 Resolution 226 Amended July 1999   Appendix 1 Definitions Professional and Consultative Work This is a comprehensive term that refers to the full range of services that may be provided by members of the University staff to commercial, government or other clients in the broader community. These are outlined in B – 33.1.1 Consultancy University Consultancy: This is a form of professional or consultative service, conducted and contracted by an individual member of University staff, within the agreed time allocation for such work. Payment is made through the University accounting system. School Consultancy: This is a form of professional or consultative service, conducted and contracted by a School through the Head of School, rather than by an individual staff member within the school, within the agreed time allocation for such work. Payment is made through the University accounting system. University and school consultancy funds must be expended for work related purposes only (ie not for private benefit). The funds form part of the University's accounting records and, as such, are subject to audit. Expenditure must be processed in accordance with UWA Faculty Accounting Guidelines. Any equipment purchased from these funds remains the property of the school.The Head of School, however, may agree to pay a portion of these funds to the staff member in a private capacity in which case it becomes taxable. Full documentation of such payments must be kept. Private Consultancy: This is a form of professional or consultative service, conducted and contracted by a individual member of University staff, within the agreed time allocation for such work. Payment is made direct to that individual, or to a trust, private company, or registered business. Staff using these funds for private benefit must consider the money as private income on which income tax is payable. University Contract This is a contract for a professional or consultative service agreed between the University or some business unit of the University and a commercial, government, or other entity. Contracts within this category are recognised by the requirement for the UWA signatory to the contract to be a senior member of the University's Executive. Signing authority may be delegated to Heads of School in some instances. Staff Member A staff member is a member of the academic or general staff of the University of Western Australia employed under the appropriate enterprise bargaining agreement, or casual or sessional staff member employed under specific contracts. Head of School Refers to the Head of School or Section Head of an organisational unit within the University.

 

 

33.2 Academic Professional And Consultative Work

33.2.1 Decision Tree to Determine Applicability of Guidelines

What Type of Professional or Consultative Type of Work Am I Considering? (see 33.1.1) How Will the Client Pay the Account? (See 13.1.14.2.1) Who Must Approve this Activity and in What Way? (see 33.1.13 re time and approval procedures; see 33.1.14 on financial and legal issues including indemnification) How will this Activity be Reported? (see 33.1.13 re recording and reporting) Pro Bono (33.1.1) not applicable HOS if required Yes (general) Professional Expertise including guest teaching (33.1.1, 33.1.14.6.1) Personal payment (honoraria?) approval not required Yes (general) Sitting Fees (33.1.1) Personal payment HOS: application form not required but time considered within allocation Yes (on personal and school forms) Directorships or Other Commercial Positions (33.1.1, 33.1.12.1.1) Personal payment VC on recommendation of HOS: application form not required but time considered within allocation biennial review by HOS School Contracts (33.1.1, 33.1.14.5) University account (some income may be distributed to staff member privately) Contracts signed by delegated officers of the University: application form not required Yes (on school forms) Private Contracts (33.1.1) (1) University account (2) Personal or company payment (1) application form required but indemnity waiver applies (2) application form required with completed indemnity (1) Yes (on personal and school forms) (2) Yes on personal and school forms) * ** general refers to the regular reporting schools do in describing their achievements (eg research, new programmes, etc.)

 

 

33.3 Conferral of Academic Titles on Principal Investigators and Directors of Research Centres

33.3.1 ARC & NHMRC

The University's policy on the conferral of academic titles on ARC and NHMRC research fellows is set out in Human Resources Policy and Procedures at A – 18. The policy below applies in certain circumstances in which a proposed principal investigator of a grant, or director of a centre, is not a full-time academic staff member at UWA, or an ARC or NHMRC research fellow, and is seeking a salary for the term of the grant.

 

33.3.2 Principal Investigator of a Research Grant

33.3.2.1 Titles

The title of lecturer, senior lecturer, associate professor or professor can be conferred on a principal investigator in circumstances where: the principal investigator is not, at the time of the appointment, a full-time academic staff member at UWA; and the principal investigator has been responsible for developing a research proposal for submission to a recognised national competitive grant scheme; and the principal investigator's proposed level of appointment and salary are explicitly stated in the proposal; and the proposed level of appointment is compatible and comparable with other academic and research-only appointments with similar responsibilities; and the grant proposal is successful and is funded at a level which enables the principal investigator to be appointed at the appropriate level.

 

33.3.2.2 Conferment of Titles Below Professor

Titles below professor are conferred by the Vice-Chancellor on the recommendation of the head of school, the dean, and the Chair of the Promotions and Tenure Committee. The recommendation should be forwarded when the research proposal is submitted for approval by the University prior to being sent to the funding agency.

 

33.3.2.3 Duration

The academic title would be awarded for the duration of the grant.

 

33.3.2.4 Conferment of the Title Professor

The title of professor is conferred by Senate on the recommendation of the Vice-Chancellor, the Chair of Academic Board, the dean and the head of school. The recommendation of the head of school and dean should be forwarded when the research proposal is submitted for approval by the University prior to being sent to the funding agency. The recommendation must address the role of the proposed professor as outlined in the Human Resources Policies, Procedures and Guidelines at A – 16.

 

33.3.2.5 Promotion

Staff with academic titles conferred under this policy are eligible for promotion under the University's promotion criteria for research-only staff as outlined in the Human Resources Policies, Procedures and Guidelines at B – 12.

 

 

33.3.3 Director of a Research Centre

33.3.3.1 Circumstances

The title of associate professor or professor can be conferred on a director of a centre in circumstances where: the director is not, at the time of appointment, a full-time academic staff member at UWA; and the director has been responsible for developing a proposal for a centre for submission to a recognised national competitive research grant scheme for the establishment of centres, or to any other major peer-reviewed scheme for the establishment of centres approved by the Vice-Chancellor; and the director's proposed level of appointment and salary are explicitly stated in the proposal; and the proposed level of appointment is compatible and comparable with other academic and research-only appointments with similar responsibilities; and the proposal for the establishment of a centre is successful and is funded at a level which enables the director to be appointed at the appropriate level from grant funds, or a combination of grant and other funds.

 

33.3.3.2 Conferment of the title Associate Professor

The title of associate professor is conferred by the Vice-Chancellor on the recommendation of the head of school, the dean, and the Chair of the Promotions and Tenure Committee. The recommendation should be forwarded when the proposal for the establishment of the centre is submitted for approval by the University prior to being sent to the funding agency.

 

33.3.3.3 Title

The academic title will be awarded for the duration of the grant.

 

33.3.3.4 Conferment of the Title Professor

The title of professor is conferred by Senate on the recommendation of the Vice-Chancellor, the Chair of Academic Board, the dean and the head of school. The recommendation of the head of school and dean should be forwarded when the proposal for the establishment of a centre is submitted for approval by the University prior to being sent to the funding agency. The recommendation must address the role of the proposed professor as outlined in the Human Resources Policies, Procedures and Guidelines at A – 16. The approval of Senate should be obtained prior to the outcome of the grant round being announced and is subject to the proposal being successful.

 

33.3.3.5 Promotion

Staff with academic titles conferred under this policy are eligible for promotion under the University's promotion criteria for research-only staff.

 

 

 

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33.5 DRAFT-Professional and Consultative Work: Policy Requirements

Professional and Consultative Work: Policy Requirements 1   Purpose, Scope and Objectives of the Policy 1.1   Scope of the Policy 1.2   General Statement — The Nature of Professional and Consultative Work 1.3   Other Activities 1.4   Professional and Consultative Work – Definitions 1.5   Objectives of the Policy 1.6   Operative Date 1.7   Conjunctional Reading 2   General Information on Professional and Consultative Work 2.1   Conditions Governing Who May Be Approved to Undertake Professional and Consultative Work 2.2   Participation and Benefits 2.3   Key Principles 3   Maintaining Priorities – Roles and Responsibilities 3.1   Obligations of the Staff Member 3.2   Role of the Head of School 3.3   Role of the Senior Deputy Vice-Chancellor 3.4   Role of the Senate 4   Ethical Behaviour 4.1   Directorships and Partnerships 4.2   Market Competition 4.3   Pro Bono Work 4.4   Other Community Activities 5   Accountability Framework 5.1   Time Allocation 5.2   Approvals (Application to Undertake Professional and Consultative Work) 5.3   Recording of Information about Professional and Consultative Activity 5.4   Information for Reporting Purposes 5.5   Audit Requirements 6   Legal and Financial Arrangements 6.1   Financial Recoup 6.2   Return of Revenue to the University 6.3   Legal Issues 6.4   Sub Contracting 7   Other Provisions 7.1   University Contracts 7.2   Contract Education Courses 7.3   University Duties 7.4   Conflicts of Interest in University Business Transactions Appendix 1   – Definitions   1   Purpose, Scope and Objectives of the Policy 1.1   Scope of the Policy 1.1.1   The core responsibilities of a member of staff of the University of Western Australia are set out in their conditions of employment and, in the case of academic staff, are generally focused on teaching, research and service to the University and community. In the course of these duties members of staff may engage in a range of professional activities that may attract fees or royalties. Examples of such activities include: Publication of books Proceeds from articles published in journals Refereeing of articles in learned journals Publication of book reviews Acting as an external examiner or reviewer In addition, competitive research grants (that attract no private income) and University contract research funded on behalf of or jointly with public or private sector organisations that attracts no income to individuals, can be seen as part of the research role. 1.1.2   Such activities, therefore, are not the major subject of this policy. Formal approval for activities such as those listed above, and which are seen as part of regular duties (including activities outlined in 1.2.1(e)), is not required. For annual reporting purposes, notification of the Head of School is advised via the staff member's Annual Activity Return (see 5.4.1) so that they might be included in the Annual Report of the University, faculty or school. 1.1.3   Beyond their regular duties The University of Western Australia supports staff (academic staff and professional staff whose contracts provide for consulting) to engage in professional and consultative activities that advance their professional interests and the wider interests of the University. This policy statement sets out the conditions under which consulting may occur. Definitions of terms used in this policy are found at Appendix 1. 1.2   General Statement — The Nature of Professional and Consultative Work 1.2.1   Under specified conditions, certain staff members (see 2.1) may engage in a variety of professional and consultative work activities that bring additional funds to the University and/or to them as individuals or other third parties. The time allowance for such activities is up to 20% of a working year averaged at one day of an assumed five day working week (see time allocation at 5.1.1). These activities include: (professional and consulting work including company directorships, contract consulting and contract teaching (in which all or some proportion of the income is disbursed to the individual); and part time appointments on government or related committees, or judicial or administrative bodies; sitting on government or related committees, or judicial or administrative bodies for which a fee is paid; professional practice in medicine and dentistry. Clinical academics who engage in medical private practice shall do so consistent with this policy and any policy or regulation stipulated by the relevant teaching hospital. Time spent on medical private practice shall be deducted from the 20% of time allocation provided for other forms of professional consultative work covered by this policy. provision of professional expertise on an occasional basis that may attract a fee or honorarium. Examples include contributions to the press radio or television broadcasting occasional lectures, exhibitions or performances expert witness testimony and pro bono work within the community (resulting in no additional University or private income but enhancing the reputation of the University). 1.3   Other Activities 1.3.1   Members of staff may also have private, recreational and other professional interests that are subject to payment but do not otherwise occupy or interfere with the staff member's University time and duties. For example, a member of the academic staff may have an active ownership interest in a winery or other agricultural activity that produces an income. Where private income arises from these activities notification of the Head of School is required. 1.4   Professional and Consultative Work – Definitions 1.4.1   This policy pertains most particularly to those members of staff engaged in professional and consultative work (described in Part 1.2.1 above) that meets one or more of the following conditions: The work is conducted within the time allocation allowed by the University for this purpose. OR The work utilises University resources and/or facilities. OR The work has been obtained as a consequence of the reputation of the University and the individual's affiliation with and skills/knowledge demonstrated at this institution. (For example, an architect engaged in paid home renovations is likely to be covered by these guidelines. An historian doing the same thing would not.) 1.4.2   This policy is concerned particularly, but not exclusively, with professional and consultative work undertaken by a staff member that may result in private income. The payment arrangements for these activities might vary from payment to staff members as individuals, including through a trust, or to a company or partnership or other registered business. Alternatively, payment for the work may come through a University account from which a portion is withheld to cover University overheads and the remainder disbursed to the individual through the University payroll system or allocated as research funding. For the purposes of this policy, professional and consultative work (as defined in 1.2.1) in which revenue is returned to a University account will be known as a University Consultancy. A special category of University Consultancy is a School Consultancy in which the Head of School contracts for the consultancy work on behalf of one or more members of staff. Work in which payment is made to an individual, trust, company, partnership or other registered business, is known as a Private Consultancy. 1.4.3   For a range of academic, legal and financial reasons outlined in this policy statement staff are encouraged to engage in their professional and consultative work as a University Consultancy (or School Consultancy) where possible. 1.5   Objectives of the Policy The objectives of this policy on professional and consultative work are to: encourage staff participation in professional and consultative work that the University regards as bringing opportunities and benefits to the University, its staff and students; provide a flexible management framework governing the granting of approval for the range of professional and consultative work customarily undertaken by members of the University using the University's name, services, space including laboratories, facilities, equipment including computers, or paid work time, including those directed toward charitable purposes and community service; provide guidance in relation to the University's management and quality control expectations for contracts of professional and consultative work that involve or implicate the University, including those relating to risk management and accountability; and provide guidance to persons both inside and outside the University as to when and how professional and consultative work may be undertaken using the University's name, services, space including laboratories, facilities, equipment including computers, or paid work time, and how School cosultancy funds may be expended. 1.6   Operative Date 1.6.1   The operative date of this revised policy is (to be determined). It supersedes any previous policy on professional and consultative work. Private arrangements in effect prior to the operative date must show evidence that they comply with the arrangements described in this policy statement or other such remedy as may be agreed by the Senior Deputy Vice-Chancellor. 1.7   Conjunctional Reading 1.7.1   This policy statement should be read in conjunction with relevant State and Federal legislation including: The Financial Administration and Audit Act Corruption and Crime Commission Act The following related University policies may also be relevant: Guidelines on Public Comment by University Staff Recovery of University Infrastructure Costs A Guide to the Intellectual Property Policy Guidelines on Research Ethics and Research Misconduct 1.7.2   In determining the applicability of these guidelines to a specific type of professional or consultative work staff are advised to refer to the Decision Tree. 2   General Information on Professional and Consultative Work 2.1   Conditions Governing Who May Be Approved to Undertake Professional and Consultative Work 2.1.1   Conditions of appointment for members of all academic teaching and research staff holding tenurable or fixed-term appointments (full time, fractional and honorary) allow them to undertake professional and consultative work as defined in 1.2.1 under the conditions specified in this policy and where formal approval has been sought and granted. For detailed information about the approval process see 5.2. 2.1.2   Fractional appointees are requested to advise the Head of School of their external professional or work commitments. In ordinary circumstances no member of staff will be given approval to hold a concurrent appointment in another organisation where the appointments together constitute a greater than full time position (for example, 0.7 at UWA and 0.5 elsewhere). Approval must be sought from the Head of School for any employment and consulting work external to the University. Staff seeking such approval shall complete in a timely manner the Application to Undertake Professional and Consultative Work and indicate, where relevant, the time commitment in fractional terms. 2.1.3   While approval for staff holding honorary appointments is required, in most circumstances such approval would be anticipated. 2.1.4   Some members of the professional staff have employment contracts that allow them to undertake professional and consultative work under the same conditions as for academic staff and as specified in this policy. Alternatively, they can understake such work with approval of the Dean or equivalent. Other professional staff are prohibited from this activity during normal working hours, as are members of the research staff whether or not their salary is on the academic scale. In the case of research staff, there may be exceptional circumstances in which this restriction may be waived with the permission of the Head of School and Dean on recommendation of the grant holder funding the research staff member's salary. 2.2   Participation and Benefits 2.2.1   Approval for the participation of staff members in professional and consultative work, involving the application of their special knowledge and skills, will be given only where the activity is of benefit to both the University and the general community Some of the benefits to the University may include: the ability to attract and retain high quality staff, particularly in some professional areas; opportunities for staff to maintain their professional skills; opportunities for postgraduate students to gain professional skills; opportunities for the University to perform its community service role; ways to enhance the status and prestige of the University in the community; and contributions to the research quantum of the University and, hence, to its overall research funding. 2.3   Key Principles The four key principles central to this policy on Professional and Consultative Work are summarised below and elaborated elsewhere in the document: 2.3.1   Principle 1: Maintaining Priorities: The priority activity for staff is to fulfill their employment/contractual obligations to the University in such areas as teaching, research and servicing core functions, that further the mission of the University. Professional and consultative work is a privilege, not a right, and should be approved only in those cases where performance is satisfactory, and there will be no undue impact on the workload of colleagues or on the staff member's contribution as an academic citizen in the University. See Part 3. 2.3.2   Principle 2: Ethical Behaviour: In discharging their contractual obligations and in any other external liaison with members of the community, staff will display the highest possible ethical standards. See Part 4. 2.3.3   Principle 3: Accountability: Professional and consultative work will occur within an accountability framework with clear requirements for approvals, recording and reporting of these activities on behalf of the University. Failure to comply with these accountability requirements will be considered as misconduct and may result in disciplinary action. See Part 5. 2.3.4   Principle 4: Legal and Financial Arrangements: All legal and financial arrangements established for the purpose of participation in a Private Consultancy, where payment is made direct to an individual, will ensure that the University is not liable for such activities. In ordinary circumstances those engaged in a Private Consultancy may not use any University facility (power, space including laboratories, equipment including computers, letterhead, consumables). Where such use has been agreed, any and all costs that arise as a consequence of private use of University services and facilities will be recouped in accordance with full cost recovery principles. Staff engaged in University and School Consultancies are indemnified by existing University policies. See Part 6. 3   Principle 1: Maintaining Priorities – Roles and Responsibilities 3.1   Obligations of the Staff Member 3.1.1   Professional and consultative work should be related to the work of the University and should not conflict with the interests of the University. 3.1.2   The opportunity to participate in such work is given on the basis that contractual obligations to the University must take priority over any professional and consultative work and that the work is related to and will directly or indirectly contribute to the mission of the University. Consultative work undertaken by a member of staff shall not have an undue impact on the workloads of colleagues. Equally those engaged in consultative work are still expected to play a full role as academic citizens, including attending meetings and undertaking other academic and administrative activities. 3.1.3   In most instances staff members have a contractual obligation associated with teaching and research or the servicing of such areas. Fulfilling these obligations at a high level is the primary task. The standard of the professional and consultative work should generally be such as to enhance the prestige of the University and the professional reputations of the staff involved. 3.1.4   Routine testing and professional work that could easily be carried out by other persons in the community should, if possible, be avoided. (It is recognised, however, that such work may be undertaken in the context of a field work programme for students.) 3.1.5   Staff should engage in professional and consultative work that addresses more challenging and innovative problems within the staff member's discipline and/or fields of particular expertise. In the case of academic staff it should build on and enrich a staff member's teaching and research interests and be of a quality that could well lead to peer reviewed journal articles and/or graduate theses. In the case of professional staff, the work should enhance the image of the University in the community as a source of high quality expertise. 3.2   Role of the Head of School 3.2.1   As consulting is a privilege and not a right for staff, it should be approved only in those cases where performance of the full range of duties is satisfactory. This judgment falls to the Head of School (other than provided for under 5.2.6). 3.2.2   Where such approval has been granted it is also the role of the Head of School to monitor its effects on a staff member's priority commitments and its impact on other staff (refer to time limits in 5.1.1). 3.2.3   It is the role and responsibility of the Head, on behalf of the University, to withdraw the privilege of consulting where there are concerns about a staff member's performance or about its impact on the work of the School. In doing so, the Head must make a judgment in relation to not only teaching but also to research and administrative performance. The University does not regard private consulting reports as equivalent to refereed research publications, as a rule. 3.2.4   Within the context of this policy the Head of School is also responsible for: providing guidance to staff on professional and consultative work; ensuring that applications for professional and consultative work comply with the requirements of this policy including the time allocation allowed (see 5.1.1); monitoring professional and consultative activity within the school; recording and reporting on the quantum of professional and consultative work to the Dean of the Faculty (or other appropriate officer) of the University; and facilitating internal and external audit processes. 3.3   Role of the Senior Deputy Vice-Chancellor 3.3.1   The Senior Deputy Vice-Chancellor has overall responsibility for the implementation and operation of the policy, and is final arbiter in any dispute as to its application, meaning and scope. 3.4   Role of the Senate 3.4.1   The University Senate has final authority for approving alterations to this policy on professional and consultative work. 4   Principle 2: Ethical Behaviour 4.1   Directorships and Partnerships 4.1.1   No member of staff should, without the permission of the Vice-Chancellor, become a director of a company, whether public or private, except companies which are charitable and not for profit, (such as schools or companies formed to deal solely with private affairs) or become a partner or principal in a firm or partnership of a commercial nature. 4.1.2   Requests for permission to hold a directorship or other commercial positions, including those within public agencies, will be considered by the Senior Deputy Vice-Chancellor on the advice of the Dean (or other appropriate officer) after recommendation by the Head of School. In the case of Deans, a direct request should be made to the Senior Deputy Vice-Chancellor. The time commitments associated with a directorship must be included within the time allocation for professional and consultative work. For general staff members without provision for consulting within their employment contract this activity must be out of working hours. 4.1.3   Such an appointment shall not conflict with a person's academic or administrative responsibilities or their duties or responsibilities as a member of the staff of UWA. It should also advance good relations between the University and the organisation concerned. Heads will review permission to hold such positions every two years. 4.1.4   No public statement must be made by staff in regard to issues dealt with by the company, except where the staff member is identified as acting in their capacity as a director rather than as a member of the University. (Refer to Guidelines on Public Comment by University Staff). 4.2   Market Competition 4.2.1   The opportunity to engage in professional and consultative work is not given to staff members for the purpose of enabling them to supplement their incomes, but any fees charged should not be less than the normal professional fee. Additionally, no individual member of staff should solicit professional or consultative work by any form of public advertisement. Private Consultancy work must not compete with services otherwise provided by the University on a commercial basis. 4.3   Pro Bono Work 4.3.1   In addition to community pro bono work, as identified in 1.2.1(e), there are a number of academic disciplines within the University (law, psychology, social work, for example) that provide opportunities for students to engage in practical work. This is a means for them to gain important experience and to offer a service to the community. Staff assist and observe. The revenues from such activities are not considered within the ambit of these guidelines and all such income must be managed within the school accounting system. 4.4   Other Community Activities 4.4.1   Members of the University staff, as individuals and members of the community, may be involved in activities that have no direct relationship to their professional commitment to the University. This policy does not relate to these activities. On occasion, however, there might be disagreement as to whether or not a particular activity relates to their position as a staff member of the University. It is desirable that the Senior Deputy Vice-Chancellor be informed of significant activities that could be seen in this way, especially if remuneration is involved. 4.4.2   Where academic staff engage in community service activities the time required will be included in the 20% allocation for professional and consultative work. In the case of general staff on standard employment contracts, however, these activities must normally occur outside working hours. Where private income arises from these activities notification of the Head of School is suggested. 5   Principle 3: Accountability Framework 5.1   Time Allocation 5.1.1   In normal circumstances the time devoted to professional and consultative work by general staff with approved employment contracts and academic staff should not exceed 20% of the working year. It is assumed that consulting work will be spread across the year, although in special circumstances, the Head may approve more concentrated periods of such work. Heads are asked to inform the Dean (or other appropriate officer) of individual consultancies in excess of 26 days. 5.2   Approvals (Application to Undertake Professional and Consultative Work) 5.2.1   For each inidividual instance of professional and consultative work members of staff must obtain written approval from the Head of School on the Application to Undertake Professional and Consultative Work form, providing details of the proposed work. In the case of ongoing work for a single organisation approval is required only annually. The approval process must specify whether the work will be undertaken as a University Consultancy or a Private Consultancy. In approving the consulting work the Head of School is indirectly confirming that the staff member is satisfactorily performing their normal duties in accordance with the contract of employment and the expectations of this policy. 5.2.2   Staff are advised that when engaging in work on a private basis (Private Consultancy) they are not covered by the University's insurance policies and will require Workers' Compensation, Public Liability and Professional Indemnity insurance (see 6.3.2). They must also complete an indemnity, a pro forma of which is attached as part of the application form, absolving the University of Western Australia from any liability. In those cases where the University receives payment, the University's insurance policies offer sufficient cover to the consulting staff member. In approving a Private Consultancy the Head must feel confident that the arrangements made do not put the University at risk. (Refer to Part 6 on Legal and Financial Protection.) 5.2.3   There may be instances in which it is in the best academic interests of the University and its students to establish a formal agreement with a company owned and operated by one or more individuals who are also members of the University staff. This is a form of Private Consultancy and, in such circumstances, it is essential for the Head of School and Dean, through the University's Legal Office, to prepare a formal memorandum establishing the relationship. 5.2.4   The Head of School shall approve or not approve the Application to Undertake Professional and Consultative Work giving written notice within seven (7) days, where practicable. A photocopy of the application form signed by the Head will suffice as notice of approval. 5.2.5   Should the Head of School not approve the professional or consultative work then the staff member may ask for the Dean (or other appropriate officer such as the Senior Deputy Vice Chancellor in the case of single school faculties) to review the decision. The review process requires a copy of the application form together with a statement as to why permission should be granted, and a statement from the Head of School detailing reasons for not approving the request. The Dean, or other appropriate officer, will decide, where practicable, within seven (7) days of receipt of the submission. 5.2.6   Heads of School wishing to undertake professional and consultative work should seek approval from the Dean (or other appropriate officer). Deans wishing to undertake such work should seek approval from the Senior Deputy Vice-Chancellor. 5.2.7   Should staff members accept professional and consultative work without approval, this will be deemed to be misconduct and subject to disciplinary action. Heads should obtain advice from the Director Human Resources before embarking on this course. 5.2.8   Prior to approving the application form, the Head of School must be satisfied that all sections are fully completed (including signatures). Incomplete forms should be returned to the applicant for completion. 5.3   Recording of Information about Professional and Consultative Activity 5.3.1   To provide the University with aggregate information about staff involvement in professional and consultative activities, and to facilitate the maintenance of an appropriate audit trail, records are required. Heads of Schools must keep, for a period of at least two years, originals or copies of application forms, staff Annual Activity Returns and Annual School Activity Reports. In some instances a Head of School may seek, for his/her more formal records, more detailed information from the staff member about activities undertaken. 5.4   Information for Reporting Purposes 5.4.1   For its broader reporting requirements to Senate for research funding planning, and to support the accountability process for audit and other purposes, the University requires completion of the following forms: Application to Undertake Professional and Consultative Work (refer to 5.2.1). Staff Members Annual Activity Return to the Head of School At the conclusion of each calendar year the Head of School must request the completion of an Annual Activity Return from all members of academic staff and from those members of the general staff whose contracts provide for participation in professional and consultative work. Completed returns are to cover the twelve month period to the end of December. Nil Returns: Staff eligible to engage in professional or consultative work as defined in this policy but who have not done so are still required to complete an Annual Activity Return by ticking the 'No' box. Annual SchoolActivity Report to the Vice Chancellor The aggregate of information appearing on staff members returns as per the clause above must be summarised by the Head of School onto a School Activity Report which is then forwarded to the Dean (or other appropriate officer). It is the responsibility of the Dean (or other appropriate officer), upon receipt of all School Activity Reports from Heads of Schools, and by 20th February each year, to forward these on to the Vice-Chancellor. Reports will be held in the Internal Audit Office, on behalf of the Vice-Chancellery, for a period of two years. 5.4.2   Clear and accurate reporting within the above forms is essential. 5.5   Audit Requirements 5.5.1   Officers from the internal audit group will visit individual schools on a test basis each year. Information from the aggregate reports will be available to Senate and other University committees for the purposes of annual reporting. 6   Principle 4: Legal and Financial Arrangements 6.1   Financial Recoup 6.1.1   University Consultancy: As part of a University Consultancy the full costs of power, space and equipment must be recovered and reimbursed to the School. This includes the costs of any secretarial and/or technical support (including on-costs) together with all consumable items (including stationery, postage, telephone charges, fax, photocopy, email and travel). It is the responsibility of the Head of School to ensure that the costs are recovered in accordance with a set of standard charges to be developed within each school. 6.1.2   Private Consultancy: Where the consulting is done in a private capacity no University letterhead, stationery, postal address, phone number, fax number, email address or Web address is to be used, nor any other information that might associate the University with the Private Consultancy. In ordinary circumstances neither will the staff member use any University facilities (power, space including laboratories, equipment including computers, and consumables). However, in circumstances where a Head of School agrees to the use of University facilities for a Private Consultancy, they must ensure reimbursement of the full costs. If it is determined that the staff member has used University facilities (power, space including laboratories, equipment including computers, and consumables) without approval they may be subject to disciplinary action. 6.2   Return of Revenue to the University 6.2.1   It is to be noted that in a University Consultancy the revenue is returned to a School account and the consultancy is considered to have been done by the individual on behalf of the University. It is therefore University income and and deemed to be public monies and must be treated in accordance with the Finanacial Management Act 2006 (FMA). Expenditure of these funds must satisfy the requirements of the FMA and be in accordance with the University Finance Policies and Procedures Manual. As such it must be spent on University activites and authorised per University delegation policy appropriate to the kind of expenditure. 6.2.2   A University Consultancy also provides liability coverage for the staff member(s) concerned (see 6.3.1, 6.3.2). When work has been done as a University or School Consultancy the Head may agree to payment of a portion of these funds to the staff member in a private capacity (see 1.4.2 and 7.1.2(b)) In this case it must be done through the Human Resources payroll system and becomes subject to the full range of taxation requirements. The School must maintain full documentation of such payments. The School may also choose to use the revenue from a School Consultancy to cover the costs of providing market salary loadings to staff meeting the criteria. 6.3   Legal Issues 6.3.1   When professional and consultative work is undertaken as approved in 5.2 above (a University or School Consultancy within the 20% time allocation), staff are covered by Workers' Compensation and University insurance policies. The Insurance and Risk Management Officer can offer advice on the specifics of this cover and arrange for legal opinions in respect of any work of a controversial nature. 6.3.2   When professional and consultative work is undertaken in a private capacity (Private Consultancy), the University will not accept any liability for accident or injury that may occur to the staff member during the course of that work including travel to and from the place of work. It is the responsibility of the member of staff concerned to ensure that he or she is adequately covered by appropriate Workers' Compensation/personal accident insurance. Similarly, the University accepts no liability in regard to the work done. Staff must indemnify themselves through taking out Public Liability and Professional Indemnity insurance. Alternatively, they must provide evidence to the Head of School that the client is indemnifying the staff member. Should staff members choose not to indemnify themselves, any risk is theirs alone. Staff should be particularly aware of the possibility of defamation and slander actions. Staff operating on a private basis should also ensure that the insurance coverage is adequate if the professional or consultative service is to be delivered outside Australia. 6.3.3   Staff seeking to engage in a Private Consultancy are required to confirm their insurance coverage to the University (through the Head of School) prior to approval being granted. Heads approving a Private Consultancy where no indemnity is identified should request that the staff member obtain from the client a standard letter that indicates the private nature of the work undertaken and absolves the University of any liability. This letter will be placed on a school file. 6.3.4   Should the staff member undertake the work as a University Consultancy completion of the application form is still required. A provision exists within the application form for the Head of School's signature waiving the indemnity requirement 6.3.5   Under no circumstances should staff members engaged in professional and consultative work accept liabilities for third parties such as publishers, companies, partners, etc. 6.4   Sub Contracting 6.4.1   Staff members who employ others or sub contract a portion of their work to students or other staff are responsible for ensuring that approvals are granted where necessary and that personal indemnity insurance is in place. Any staff member who participates in a consultancy arrangement as a 'sub-contractor' is required to seek independent approval from the Head of School and must ensure that insurance as detailed in 6.3.2 above is in place. Staff are cautioned about the need to comply with existing legal requirements when using students for consulting work and it is recommended that they seek advice from Human Resources. 7   Other Provisions 7.1   University Contracts 7.1.1   Contracts between the University and external parties are often undertaken on University premises with the use of University facilities. Projects in this category may include research and development activities, testing or sampling services, practical and/or field-work studies, expert investigations, surveys, audio, video and film productions, script-writing, graphic work, etc. 7.1.2   A contract can only be entered into between legal entitles and our only legally constituted entity is the University of Western Australia. Therefore, only the Vice-Chancellor and staff with the expressly delegated authority of the Vice-Chancellor, normally the Senior Deputy Vice-Chancellor, the Deputy Vice-Chancellor (Research and Innovation), the Registrar, and the Executive Director [Finance and Resources], are empowered to sign contracts or agreements on behalf of the University. Agreements should normally provide that intellectual property rights and any equipment purchased should vest in the University and there should be no restrictions on publication; any decision to divest University intellectual property or assets or limit publication rights requires the approval of the Deputy Vice-Chancellor (Research and Innovation) as delegate of the Vice Chancellor. Any previous relationship between the client organisation and the staff member must be declared to the Vice-Chancellor. Staff members who are expected to provide services as part of a University Contract should be advised of any arrangements for consulting fees to be made available to them, the terms upon which they will be made available and agree to those conditions before the contract is signed. Staff time, including support staff costs, shall be recovered in full. Costs shall include salary, salary-related costs, superannuation and other charges. Alternatively, the costs may be charged at professional rates. In most circumstances, the funds shall be credited to the School for its own use. Upon the request of the staff member, a Head of School may give approval to convert the School's income to a consulting fee to the staff member (see 6.2.1), or nominated company. A realistic assessment of the costs of the project, including consumables, postage, telephone charges and travel shall be included in the budget. A minimum infrastructure charge of 15% of the total value of the contract will be recovered by the University. Full infrastructure costs of a minimum 35% should be charged if the University Contract is commissioned and the funding body seeks full Intellectual Property ownership rights. See Recovery of University Infrastructure Costs. 7.2   Contract Education Courses 7.2.1   Contract education courses may be conducted either on the University campus or elsewhere. Educational courses of a contractual nature outside the normal work of the University (eg professional upgrading courses) may be considered as a sub-category of contracts and, as such, the provisions of 7.1 shall apply. Such arrangements should follow the same reporting procedures as School Consultancies (refer to requirements in 5.4.1) University staff teaching such courses outside their normal teaching loads may be paid an appropriate consulting fee plus incurred travel expenses (see 6.2.1). 7.2.2   Staff of this University are sometimes asked to teach courses in other higher education institutions. Other than in the case of guest lectures or teaching on study leave (for which honoraria may be paid), permission must be obtained from the Head of School for this activity. Where the teaching commitment is considered significant (20% or more of the normal teaching load in this institution) consideration must be given to arrangement of fractional appointments at both institutions. 7.2.3   A staff member from one School in this University may be asked to teach in the programme of another School. Other than in the case of guest lectures, permission must be obtained from the Head of School in consultation with the Head of School seeking the assistance. Any additional teaching of this nature, together with other consultancy activities, cannot exceed 20% of a normal workload. In normal circumstances, consideration will be given to a joint appointment where the additional workload exceeds 20% of a normal teaching load. Summer Sessions and Offshore Teaching, where they exceed a normal teaching load, will also adhere to these requirements. Payment will normally be made through the University payroll system. For further guidance on arrangements for Offshore Teaching refer to http://www.hr.uwa.edu.au/transnational 7.2.4   Staff may be asked to participate in occasional teaching opportunities (eg University Extension programmes). Assuming that this occurs outside their regular working hours it should be considered under the provisions of 1.2.1(d). Approval for such activities is not required although notification of the Head of School is advised so that they might be incorporated in the annual reporting process. 7.3   University Duties 7.3.1   No full time staff member may, without the permission of the Senior Deputy Vice-Chancellor, receive a personal fee for acting in a consultative or advisory or professional capacity towards any School, Centre or service centre of the University. It is possible, however, that a staff member may be asked to assist another part of the University for a defined period of time on a specified project. In such cases the 'home' school may seek a recoup of salary costs. 7.3.2   A staff member shall not accept fees for private coaching of students of the University except where such coaching has been approved by the Head of School. 7.4   Conflicts of Interest in University Business Transactions 7.4.1   It is the responsibility of every staff member of the University involved in the supply of goods or services, to or for the University, to declare in writing all relevant interests that the staff member may have in any proposed transaction. 7.4.2   A staff member shall be deemed to have a relevant interest for the purpose of these rules if the staff member or their immediate family is or could be the proposed supplier of goods or services, or if the staff member or any of their immediate family has some interest whether as proprietor, shareholder, director, partner or otherwise in any firm, company or other business entity which is or could be the proposed supplier of the goods or services, other than an interest as a shareholder in a public listed company. 7.4.3   Proposed transactions include Tenders and Invitations to Tender for the supply to the University of goods and services. 7.4.4   All proposed transactions subject to such declarations shall be directed to the Executive Director (Finance and Resources), in the first instance. The Executive Director (Finance and Resources) may refer them to the Vice-Chancellor for approval in writing. 7.4.5   Any conflict of interest relating to research activity needs to be reported to the Deputy Vice-Chancellor (Research) as set out in the Guidelines on Research Ethics and Research Conduct. Senate July 1995 Resolution 226 Amended July 1999 Amended ???

Professional and Consultative Work This is a comprehensive term that refers to the full range of services that may be provided by members of the University staff to commercial, government or other clients in the broader community. These are outlined in Part 1 - 1.2.1 Consultancy University Consultancy: This is a form of professional or consultative service, conducted and contracted by an individual member of University staff, within the agreed time allocation for such work. Payment is made through the University accounting system. School Consultancy: This is a form of professional or consultative service, conducted and contracted by a School through the Head of School, rather than by an individual staff member within the school, within the agreed time allocation for such work. Payment is made through the University accounting system. University and School consultancy funds must be expended for work related purposes only (ie not for private benefit). The funds form part of the University's accounting records and, as such, are subject to audit. Expenditure must be processed in accordance with the UWA Finance Manual. Any equipment purchased from these funds remains the property of the School. The Head of School, however, may agree to pay a portion of these funds to the staff member in a private capacity in which case it becomes taxable. Full documentation of such payments must be kept. Private Consultancy: This is a form of professional or consultative service, conducted and contracted by an individual member of University staff, within the agreed time allocation for such work. Payment is made direct to that individual, or to a trust, private company, or registered business. Staff using these funds for private benefit must consider the money as private income on which income tax is payable. University Contract This is a contract for a professional or consultative service agreed between the University or some business unit of the University and a commercial, government, or other entity. Contracts within this category are recognised by the requirement for the UWA signatory to the contract to be a senior member of the University's Executive. Signing authority may be delegated to Heads of School in some instances. Staff Member A staff member is a member of the academic or general staff of the University of Western Australia employed under the appropriate enterprise bargaining agreement, or casual or sessional staff member employed under specific contracts. Head of School Refers to the Head of School or Section Head of an organisational unit within the University.

 

34 Salaries, Superannuation and Allowances

34.1 Starting Salaries

Policy The starting salary in a prescribed range is, in all cases, determined by the Dean regardless of funding source and is not a matter for decision by a selection committee or grant recipient whose budget includes provision for staffing assistance. It is University policy to appoint new staff to the first step of the salary scale, however, exceptions may be recommended to and approved by the Dean when: the appointee is an existing University employee, in a position at the same level, whose salary step is above the minimum of the range. The employee will maintain the existing salary step and increment date. it can be demonstrated that the appointee has recent relevant experience in relation to the duties of the position. For appointment to Associate Lecturer (Level A) the minimum commencing salary for a person with a PhD or a person appointed as Course Controller is Step 07.

 

34.2 Superannuation

General Information Superannuation plans Eligibility Rules for the Superannuation Plans Contribution Rate New Appointment – Superannuation Salary & Allowances – Superannuation Contributions – Unpaid Leave (Leave Without Pay/Parental/Sick LWOP) Voluntary Contributions Salary Packaging Contributions Roll-Over (Transfer) of Superannuation Benefits to UniSuper Member Transferring to Another University Resigning/Retiring Staff – Claiming Superannuation Benefits UniSuper Website Superannuation Contact Details   General Information Academic Staff Agreement 2009 General Staff Agreement 2009 ELICOS Teachers Agreement 2005 Child Care Employees’ Agreement 2001 The superannuation arrangements for the university require staff to be members of the UniSuper plans. The Superannuation Plans are administered by UniSuper Management Limited in conjunction with the University’s Employee Benefits (Superannuation) Team – Human Resources.   Superannuation Plans Defined Benefit Division – Defined Benefit & Accumulation Accumulation 2 Accumulation 1 In the Defined Benefit Plan benefits are formula based with contributions invested as a single portfolio and used as required to pay benefits. For the Accumulation Plans most benefits are based on the balance in the member’s account, which is made up of contributions (less expenses and tax) plus interest.   Eligibility Rules for the Superannuation Plans (for UWA Staff) Staff on appointments deemed to be "Tenurable/Tenured/On-going/Fixed 2 years or more" the staff member is required to join the Defined Benefit Division – Defined Benefit & Accumulation / Accumulation 2 – refer notes. Staff on appointments deemed to be "Fixed less than 2 years" are enrolled in the Accumulation 1. For Casual Staff appointments staff members are enrolled in Accumulation 1 in cases where the member qualifies for Employer contributions under the Governments Superannuation Guarantee (SG) regulations. Note: For new members Defined Benefit Division is applied in the first instance. A member has 12 months to decide wether they wish to stay in the Defined Benefit Division or to transfer their existing defined benefit to Accumulation Super. After UniSuper have processed the new member application they issue to the member information on the plans including a Membership Options form for completion by the member.   Contributions Rates Staff on "Tenurable/Tenured/On-going/Fixed 2 years or more" appointments: 7% of salary by the member 14% of salary by the university, and 3% of salary by the university Variation to Contributions From 1 July 2006 a member will be able to pay contributions at a lower level than the standard 7% of salary. A Contribution Fact Sheet can be obtained from the UniSuper website. Staff may elect to forego the 3% employer (Award) superannuation contribution to the Accumulation Plans and receive a 3% non-superannuable salary loading in lieu. Information and application form can be obtained from HR website at HR Forms section. General Staff on salary classifications Level 1 to Level 4 have the option to apply for half-contribution membership – member contribution at 3.5% of salary (in lieu of 7% of salary). In this case the University will contribute 7% of salary & 3% of salary (in lieu of 14% % 3%). Information and application form can be obtained from HR website at HR Forms section. Staff that access the Deferred Salary Scheme are able to elect to maintain superannuation contributions based on the full-time rate. Staff are responsible for making the necessary arrangements for paying the difference between the employee’s proportional contribution and the employer’s contribution based on the full-time rate. Contact Employee Benefits( Superannuation) – Human Resources for further information. Staff on "Fixed" appointments (less than 2 years): 9% of salary by the university to the Accumulation 1 Casual Staff appointments and the staff member qualify under the Governments Superannuation Guarantee Contribution (SGC) regulations: 9% of salary by the university to the Accumulation 1   New Appointments – Superannuation The UniSuper booklet (including the membership application form) is attached to the university’s offer of appointment letter normally issued to the new staff member prior to the commencement of the appointment. Superannuation contributions are processed on salary payments from the commencement date of the member’s appointment. Under the superannuation plan membership rules it is a requirement that a member completes and submits the membership application form to UniSuper via Employee Benefits (Superannuation) – Human Resources M350. After a new member record is established on the UniSuper system the UniSuper Melbourne office issues to the member details of their membership and related information on the superannuation plans.   Salary & Allowances – Superannuation Superannuation contributions and entitlements for the UniSuper Plans are calculated on the member’s basic salary level (award salary rate) and permanent/on-going allowances (if applicable). Temporary allowances are not included as salary for superannuation purposes. UniSuper Trust Deed definition of "temporary allowance" being: Any allowance paid or payable by or on behalf of the employer to the member for a period of less than five years; and Any allowance paid or payable by or on behalf of the employer in connection with an agreement to terminate the employment of the member at a particular time.   Contributions – Unpaid Leave (Leave Without Pay / Parental / LWOP / Sick LWOP) Contributions to the Superannuation Plans are not normally paid during any periods of unpaid leave. Although contributions are not paid while the member is on unpaid leave membership to the Plans is maintained. Should the member wish to pay contributions while on unpaid leave the contributions must be paid direct to UniSuper by the member.   Voluntary Contributions A member can make "Voluntary contributions" either via payroll deduction or a lump sum payment (direct to UniSuper). "Voluntary contributions" cannot be paid to the UniSuper Defined Benefit Plan. Regular voluntary contributions via payroll deduction: The member is required to complete the "Regular Voluntary Contributions Election Form" and forward it to “Employee Benefits (Superannuation) – Human Resources M350”. The deduction will commence on the next available pay period. Lump sum contributions can be made: via BPAY via cheque payable to UniSuper Limited with the accompanying form. For information on BPAY refer to the UniSuper website Forms and the booklet “Building bigger benefits – Your guide to making more of your super” can be obtained from the UniSuper website or contact the Employee Benefits (Superannuation) – Human Resources.   Salary Packaging Contributions Members can elect to salary package their 7% of salary member contributions required to be paid under their UniSuper plan membership. Also a member can package additional voluntary contributions. The contributions are paid to the member’s UniSuper accumulation plan. Information on the University’s salary packaging arrangements can be obtained from the Co-ordinator Salary Packaging or via the HR website.   Roll-over (Transfer) of Superannuation Benefits to UniSuper Members may roll-over other superannuation benefits to their UniSuper plans (except the Defined Benefit Plan). The roll-over can be effected either by the member completing the UniSuper "Benefit Transfer Form" (and forwarding the Form to UniSuper) or contacting their former superannuation fund and completing the appropriate forms. The UniSuper "Benefit Transfer Form" can be obtained from the UniSuper website Or contact the Employee Benefits (Superannuation) – Human Resources.   Member Transferring to another University In most cases where a member is transferring to another university UniSuper membership is transferred, as all Australian universities are part of the UniSuper superannuation plans structure. Members transferring to another university should notify the Employee Benefits (Superannuation) – Human Resources.   Resigning/Retiring Staff – Claiming Superannuation Benefits Under Government regulations, in most cases superannuation benefits must be preserved in an Australian complying superannuation/rollover fund until retirement age. At the time a member leaves their job the HR Services Team includes a copy of the UniSuper booklet “Leaving your job – A guide to your super options when you leave your job” with the University’s letter confirming the member’s resignation/retirement notice. The booklet provides an overview of the options available to the member in relation to their superannuation benefits in the UniSuper plans. As superannuation membership changes on resignation/retirement the Employee Benefits (Superannuation) – Human Resources team notifies UniSuper that the member has ceased UWA employment (and where applicable confirm salary data and contribution data). For retiring staff members the UniSuper (Melbourne) office will provide the member with details of benefits, benefit options and other related documents at the earliest possible date after retirement. The documents include a payment instructions advice for completion by the member. On receipt of the member’s payment instructions advice UniSuper will process the payment of benefits accordingly. For resigning staff members the UniSuper (Melbourne) office will contact the member in due course to ascertain the member’s preferred option in relation to their superannuation benefits – retain benefits with UniSuper, transfer benefits to another superannuation fund are some of the options available. As correspondence from UniSuper to members is sent to the member’s home/postal address any change of address should be notified, either direct to UniSuper or via Employee Benefits (Superannuation) – Human. The UniSuper website section “When I Change Jobs” provides detailed information when changing jobs. Temporary residents departing Australia need to refer to the Australian Taxation Office.   Superannuation Contact Details UniSuper Level 37 385 Bourke Street Melbourne Vic 3000 Telephone: 03 9691 4100 Fax: 03 9691 4141 Website: www.unisuper.com.au Member Helpline: 1800 331 685 Email: enquiry@unisuper.com.au Employee Benefits (Superannuation) – HR Systems and Employee Benefits Terry Kelleway – Superannuation Officer Telephone: 6488 3042 Fax: 6488 7138 Email: terry.kelleway@uwa.edu.au Jenny Huband – Benefits Officer Telephone: 6488 7958 Fax: 6488 7138 Email: jenny.huband@uwa.edu.au   UniSuper Website – www.unisuper.com.au The website provides information on the superannuation plans, investment performance, pension products and related areas, including news & updates on UniSuper and superannuation. "Member Online" facility: Members can register on the UniSuper website and have access to the "Member Online" facility. The facility allows a member to view their online account balance plus update address and beneficiary details. Publications & Forms: All the UniSuper publications, forms and fact sheets can be obtained from the Forms & Brochures section on the UniSuper website. Registering online for UniSuper seminars UniSuper runs free seminars for all members at major campuses around the country. Topics include investments, retirement planning, and UniSuper products and services. Refer to Seminar section on the UniSuper website.

 

34.3 Guidelines for The Payment Of Discretionary Allowances

34.3.1 Guidelines For The Payment Of Discretionary Allowances

34.3.1.1 Purpose

The guidelines for payment of discretionary allowances have five objectives: To remain competitive in the higher education sector To help meet the objective to 'Recruit, develop and retain the highest quality staff' To provide managers and supervisors with clear and transparent options so they can select the most appropriate way to reward their staff beyond the University salary scale To ensure the classification system for general staff retains its integrity by association of the base salary scale with the relevant descriptors; and To develop greater understanding among University staff of the existing classification system for general staff, thus avoiding ‘ad hoc’ arrangements which contribute to confusion and frustration.

 

34.3.1.2 Basis for Payment of Discretionary Allowances

Supervisors may reward staff for one or more of the following reasons: undertaking extra duties or responsibilities high demand of skills (either on a personal level or for market reasons) high level performance. Excluded from these guidelines are payments associated with overtime, penalty rates, shift work, travelling, mileage etc, which are covered by University agreements.

 

34.3.1.3 General Principles for the Payment of Discretionary Allowances

Unless there is specific approval by the Deputy Vice-Chancellor no member of staff will receive more than two allowances in any one year Allowances, in general, will be defined as a percentage of an individual’s base salary, eg 5% Payment of allowances (or the equivalent in benefits) is the responsibility of the school/ unit in which the staff member is employed and there must be adequate income to cover payment over the specified period With the exception of market allowances, the possibility of making discretionary payments above the relevant salary scale is likely to occur during the appointment process and should not be part of the initial recruitment process Merit, Distinction and Market Allowances have review periods Identification of staff receiving allowances and their quantum is confidential to management staff. Information about job groups subject to market allowances will be publicly available For management reporting purposes Deans and their equivalents shall receive annual statements from Human Resources listing staff receiving allowances and their quantum Part time or fractional staff in receipt of an allowance shall be paid on a pro rata basis The granting of any allowance in accordance with this policy is discretionary. The University may alter the terms of this policy at any time

 

34.3.1.4 Identifying the Most Appropriate Allowance

The three tables below summarise the range of discretionary payments available. Unless specifically noted all are available to either academic or general staff. The appendices provide details of each allowance. Rewarding a member of staff for additional duties or responsibilities. Name of Allowance : Additional Responsibilities Allowance 129V, 129F(Agreed Rate) Purpose Level of Approval Level of Allowance Payment Method Time Limits Payment for performance of discrete duties additional to designated tasks. Dean or equivalent on recommendation of Head of School or supervisor after discussion with the Employee Relations Officer, Classifications Agreed rate based on the work value of the additional responsibilities. To be negotiated between parties and can vary with each individual case. Paid f/nly either as fixed dollar amount (i.e. not subject to any increases) 129F or Dollar amount linked to a salary level (i.e. subject to adj with salary increases) 129V For term of performance of additional responsibilities. Initially for 3 months. Not superannuable   Name of Allowance : Designated Role Allowance (Academic Staff – eg Director of Centre, Chair of Discipline) 129F,129V,129P (Agreed Rate or %) Purpose Level of Approval Level of Allowance Payment Method Time Limits Payment for performance of a designated University role. Senior Deputy Vice-Chancellor on advice of the Dean or equivalent in accordance with existing policy. To be negotiated with the Senior Deputy Vice-Chancellor. May also include time and/or other conditions (eg Car) Paid f/nly as negotiated dollar amount, (fixed or variable) 129F, 129V or 129P (% of base salary – varies with movement in salaries) Term of the designated role. Not superannuable   Name of Allowance : Head of School 124A,124B,124C Purpose Level of Approval Level of Allowance Payment Method Time Limits Payment for recognised University role. Dean 124A small school 124B medium school 124C large school Paid fortnightly – fixed Term of the designated role. Not superannuable   Name of Allowance : Higher Duties Allowance (General Staff) No code required Purpose Level of Approval Level of Allowance Payment Method Time Limits Payment for performance of duties of another position. Head of School Payment at minimum salary point of the Higher Duties Allowance position Paid f/nly at appropriate rate for position in which acting (varies with movement in salaries) For term of acting period. Maximum one year before review. Not superannuable     Rewarding a member of staff whose special skills and knowledge are in high demand. Name of Allowance : Market Allowance 125F (Agreed Rate) Purpose Level of Approval Level of Allowance Payment Method Time Limits There is a demonstrated market demand for the person’s desired skills and knowledge at a salary above the UWA scale Director, HR on recommendation of the Dean or equivalent To be negotiated with the Director, HR Paid f/nly as a fixed dollar amount, not varied with movements in base salary Initial term of up to three years. Extensions approved, on reapplication, for maximum of 2 years. Not superannuable   Name of Allowance : Attraction/Retention Remuneration 126P,126V (Agreed rate or % as negotiated) Purpose Level of Approval Level of Allowance Payment Method Time Limits Additional remuneration in order to attract and retain the expertise of a particular individual, or to recognise the sustained high level performance of an individual, or value of the employee to the University Senior Deputy Vice-Chancellor/ DHR on recommendation of the Dean or equivalent The level of remuneration /allowance to be negotiated with the Pro Vice-Chancellor (Academic) Paid to a $ salary figure or as an allowance as a % of salary. Paid fortnightly; calculated amount varies with movement in salaries Ongoing and superannuable Quantum can be reviewed at request of either party     Rewarding a member of staff for high level performance. Name of Allowance : Merit Allowance 127F (Agreed Rate) Purpose Level of Approval Level of Allowance Payment Method Time Limits Payment granted in recognition of outstanding performance (limited to staff for whom no increment is available) Senior Deputy Vice-Chancellor on recommendation of the Dean or equivalent To be negotiated with the Senior Deputy Vice-Chancellor Paid f/nly as a fixed dollar amount, not varied with movements in base salary. Initial term of up to 3 years. Extensions approved, on reapplication for maximum of 2 years. (Not superannuable)   Name of Allowance : Distinction Allowance (Academic Staff) 128F (Agreed Rate) Purpose Level of Approval Level of Allowance Payment Method Time Limits Annual payment to members of one or more of the four Australian Academies Dean. Renewal subject to approval of the Vice-Chancellor on recommendation of the Dean Payment of a maximum $10,000 per annum Paid f/nly as a fixed dollar amount or as a single annual payment. (not varied with movements in base salary) Initial term of up to 3 years. Extensions approved, on reapplication, for maximum of 2 yrs. (Not superannuable)   Name of Allowance : Bonus Payment 504 (Agreed Rate) Purpose Level of Approval Level of Allowance Payment Method Time Limits Payment in accord with outcomes negotiated previously on either an individual or group basis Dean or equivalent on recommendation of Head of School or supervisor on the advice of Human Resources regarding work value To be negotiated with the Senior Deputy Vice-Chancellor Paid as a single annual payment Maximum of one such payment per annum unless otherwise negotiated with the Deputy Vice-Chancellor (Not superannuable)   Name of Allowance : Accelerated Increment No code required Purpose Level of Approval Level of Allowance Payment Method Time Limits Payment granted in recognition of exceptional performance School Manager and above To a maximum of two increments in a single year unless otherwise negotiated with the Senior Deputy Vice-Chancellor Paid f/nly at appropriate rate for salary step Not applicable   Name of Allowance : Salary Progression (General Staff) 123 Purpose Level of Approval Level of Allowance Payment Method Time Limits Personal reclassification to one level above classified level of position based on excellence in performance or for additional duties Salary Progression Committee on recommendation of Head of School or supervisor Access to the penultimate step in the next level Paid f/nly at appropriate rate for salary step. Varies with movement in salaries 1 year in first instance then reviewed on an annual basis until penultimate step of new level is reached. Then to be reviewed every 2 years. (Not superannuable)

 

 

34.3.2 Additional Responsibilities Allowances (ARA) including Designated Role Allowances

34.3.2.1 Policy An Additional Responsibilities Allowance (ARA) may be paid to a member of the University staff who undertakes some discrete, additional work or area of responsibility which is not normally part of her/his negotiated duties. In the case of academic staff such additional duties may include above load teaching including summer terms or overseas. Additional Responsibilities Allowances may also be paid to those academic staff who perform designated University roles such as Chair of the Academic Board, Head of School or, in some circumstances, Directors of Centres.     34.3.2.2 Procedures General Staff The classification of the ARA (and its dollar value) should be established in relation to the work value of the additional duties to maintain the integrity of the classification system as it is possible the additional responsibilities may lead to future reclassification of the position. Guidance should be sought from Employee Relations Officer, Classifications on how best to assess the appropriate level of allowance. A written recommendation (memo) from the head of school or supervisor should document the additional duties and their assessment and be sent to the Dean (or equivalent) for approval. Once approved must be submitted to the Employee Relations Officer, Classifications, M350 for final approval before processing in HR Services. Usually an ARA will be approved for up to three months in the first instance and should be reviewed prior to renewal. Where an ARA is likely to extend beyond this period, consideration should be given to using Salary Progression or reclassification as the appropriate mechanism to recognise the additional responsibilities. Academic Staff A dollar value for the additional duties should be negotiated with reference to the quantum of payments made for similar duties elsewhere in the University. A written recommendation from the head of school or supervisor should document the additional duties and agreed rate of payment and be sent to the Dean for approval. Where the ARA involves a designated University role refer to Position of Responsibility, for current policy regarding payment of Deans and Heads of School. Schools should ensure that funds are available prior to recommending an Additional Responsibilities Allowance, particularly for grant-funded positions where funds may be restricted to a particular point on the range. When the ARA has been approved, all details should be submitted by memo to HR Services for processing and payment.

 

34.3.3 Higher Duties Allowance – General Staff

34.3.3.1 Policy Higher Duties Allowance is payable when a position is vacant or when the duties are not being undertaken by the occupant eg occupant is on leave. A Higher Duties Allowance will be approved for a period of five consecutive working days or more. Where the period is longer than three months consideration should be given to filling the position either as a temporary transfer or on an ongoing basis.     34.3.3.2 Procedures A Higher Duties Allowance is calculated as the difference between the staff member’s current salary and the minimum salary point for the position. Where no difference exists, no allowance shall be payable. A Higher Duties Allowance may be paid in full or in part. Where a full time commitment to undertake all of the duties of the position is required it will be 100%. Where a partial Higher Duties Allowance is paid it shall be negotiated with the staff member prior to commencement of the duties. A partial Higher Duties Allowance is appropriate in the following circumstances: a part time commitment to undertake the duties of the position is required only part of the full range of duties of the position is required due to a cyclic or seasonal variation Recommendations for Higher Duties Allowances must be signed by Approved Delegate. In normal circumstances a Higher Duties Allowance will be approved for up to three months in the first instance and should be reviewed prior to renewal. Schools should ensure that funds are available prior to recommending a Higher Duties Allowance, particularly for grant-funded positions where funds may be restricted to a particular point on the range. A Higher Duties Allowance will be paid to an employee who is on leave in the following circumstances: The staff member has been receiving the allowance for a period of twelve months or more and has proceeded on normal annual leave or other approved leave of absence of not more than one calendar month. The staff member has been receiving the allowance for a period less than twelve months and has proceeded on normal annual leave or other approved leave of not more than one calendar month, and no other staff member has undertaken the acting duties during this period. Any member of staff receiving a Higher Duties Allowance required to undertake paid overtime shall be paid at the Higher Duties Allowance salary rate if the duties relate to the Higher Duties Allowance position. When approved all details for the Higher Duties Allowance should be submitted to Human Resources for processing and payment.

 

34.3.4 Market Allowances for University Staff

34.3.4.1 Policy Market Allowances

 

34.3.5 Attraction/Retention Remuneration for University Staff

34.3.5.1 Policy Attraction remuneration is negotiated at the commencement of the appointment. Retention remuneration may be offered during the course of an appointment where it is highly desirable to retain the services of the staff member. Attraction/retention remuneration will be limited in number and is likely to be used particularly at the level of distinguished senior academic staff and senior general staff where high quality leadership can make a competitive difference to the University. Retention remuneration may be offered where the staff member is highly skilled and loss of their services may create significant problems.   34.3.5.2 Procedures Deans (or equivalent) may establish a Remuneration Advisory Committee to advise on payment of allowances. Written requests for attraction/retention remuneration or variations to attraction/retention remuneration should include a detailed justification for the remuneration and be forwarded to the Dean (or equivalent) by the head of school/section or supervisor. The Dean (or equivalent) shall assess each submission for attraction/retention remuneration and make a recommendation to the Senior Deputy Vice-Chancellor. Each recommendation must include a written statement outlining: the qualities and contribution that staff member brings/would bring to the University the amount of the proposed attraction/retention remuneration the source and adequacy of funding for payment Attraction/retention remuneration will be paid as a percentage of the base salary at the time of awarding, or as a $ salary figure. ‘Base salary’ means the salary point in the relevant University salary scale paid to the member of staff. It does not include any allowance paid to the member of staff. In considering recommendations for attraction/retention remuneration the Senior Deputy Vice-Chancellor will take into account the existing distribution of attraction/retention remuneration within the faculty, the reasons for the recommendation and any other factors. The Dean (or equivalent), in making recommendations for attraction/retention remuneration, shall identify the source of funding. Funds may be drawn from any available faculty or school source. In the absence of identifiable funding, attraction/retention remuneration shall not be granted. In instances where the Senior Deputy Vice-Chancellor does not concur with a recommendation, the Dean (or equivalent) shall be notified in writing. Deans (or equivalents) will be responsible for : assessing applications advising unsuccessful applicants recommending to the Senior Deputy Vice-Chancellor any attraction/retention remuneration which they support Attraction/retention remuneration will be paid fortnightly in addition to salary and will vary according to salary movements and are ongoing and superannuable. The quantum of attraction/retention remuneration can be reviewed at any time at the request of either party. The grant or refusal by the Senior Deputy Vice-Chancellor of attraction/retention remuneration is entirely discretionary and decisions are final. Members of University staff who are guilty of disciplinary or unsatisfactory performance procedures may have any attraction/retention remuneration ceased. Attraction/retention remuneration is available to University staff on fixed term appointments or on tenured/ongoing appointments. Where the member of staff in receipt of attraction/retention remuneration successfully applies for promotion through normal procedures and this results in an increase in base salary, the percentage or $ amount of the attraction/retention remuneration shall be reviewed. Deans (or equivalents) shall report the number of attraction/retention remuneration recipients and their aggregate amount annually to the Vice-Chancellor.

 

34.3.6 Merit Allowances for University Staff

34.3.6.1   Policy Merit Allowances

 

34.3.7 Distinction Allowances (Academic Staff)

34.3.7.1 Policy A distinction allowance is a fixed sum payment to members of Australian Academies (the Academy of the Humanities, the Academy of Social Sciences, the Academy of Science, or the Academy of Technological Science and Engineering) as a means to recognise exceptional performance.     34.3.7.2 Procedures Distinction allowances will be subject to the approval of the Dean who shall identify the source of funding. A distinction allowance shall be paid as a single annual payment or as a non superannuated fixed dollar sum and recommended for an initial period up to three years. It will cease at the end of the initial period for which it was approved. Any application for extension is to be considered as a new application and approved for a maximum period of two years subject to a review of performance. Alternatively the recipient may choose to have the payment made to a school research account. When approved, details of the distinction allowance should be submitted to Human Resources for processing and payment if the payment is being made to the person concerned or to Financial Services if the payment is being made to a research account. Deans shall report the number of distinction allowances and their aggregate amount annually to the Vice-Chancellor.

 

34.3.8 Bonus Payments

34.3.8.1 Policy A bonus payment may be made on achievement of negotiated outcomes to staff either as individuals or as a group on recommendation of the head of school or supervisor and approval of the Dean (or equivalent). Bonus payments will be limited in number.   34.3.8.2 Procedures Bonuses are flat sum, one-off payments made as a single non superannuated annual payment unless otherwise negotiated with the Senior Deputy Vice-Chancellor. The Dean (or equivalent), in approving recommendations for bonus payments, shall identify the source of funding. Funds may be drawn from any available faculty or school source. In the absence of identifiable funding no bonus payment shall be granted. When approved, all details for the bonus should be submitted to Human Resources for processing and payment. Deans (or equivalent)s shall report the number of bonus payments and their aggregate amount annually to the Vice-Chancellor.

 

34.3.9 Accelerated Increments

34.3.9.1 Policy It is expected that members of University staff will progress through the University salary scale and receive annual increments based on satisfactory performance and where it can be demonstrated that exceptional circumstances exist or that the staff member has performed her/his duties in an exceptional, rather than competent, manner, payment of an accelerated increment may be considered.   34.3.9.2 Procedures Applications for accelerated increments should be recommended by the supervisor for approval by the School Manager and above. Applications for accelerated increments will not normally be considered in the first year of an initial appointment. If the University staff member is already at the maximum of the salary range or if there is no incremental range for the position then a merit allowance or salary progression should be considered. An accelerated increment will generally be paid at the normal increment date. At this time the staff member will be advanced by two points rather than one. The existing increment date is preserved. Schools should ensure that funds are available prior to recommending an accelerated increment, particularly for grant-funded positions where funds may be restricted to a particular point on the range. When approved all details for the accelerated increment should be submitted to Human Resources for processing and payment.

 

34.3.10 Salary Progression

34.3.10.1 Introduction Purpose To recognise and reward the outstanding performance of individual general staff members, the University has developed a Salary Progression Scheme to allow staff access to the next salary level beyond their substantive classification level. Outstanding performance can also include cases where a staff member is undertaking additional duties that warrant recognition, but are not enough to warrant a reclassification of the position. Application for salary progression may be based on both excellent performance and ongoing additional duties. Salary progression should not be viewed as a system for rewarding long service, or those who work long hours. The latter can be dealt with by overtime, time in lieu or commuted overtime allowance. Eligibility The following criteria must be met in order for staff to apply for and continue to receive an allowance under the Salary Progression Scheme. Staff must: hold a fixed term or ongoing appointment (including part-time and job share staff, but not casual appointments); hold an appointment at level 2 to level 9; have been at the top of the salary range of their substantive level held for a minimum of 12 months (staff who have access to the salary protection point must have completed 12 months at this point); and not be subject to unsatisfactory performance/behaviour procedures. In cases where staff are already in receipt of a salary progression allowance and become subject to formal unsatisfactory performance/behaviour procedures, the allowance will cease. Job share applicants will be treated on their individual merit not with their job share partner. Staff holding an appointment funded by the National Health and Medical Research Council (NH&MRC) or the Australian Research Council (ARC) are NOT eligible to apply.   34.3.10.2 The Nature Of The Salary Progression Allowance Access to salary progression is by way of a temporary, renewable allowance. This allowance: will be for a period of one year in the first instance; will not attract superannuation; will continue to be paid during periods of paid leave; will, as a general rule, be paid to the first point of the next level (or the next highest salary point to the substantive salary); will be reviewed annually at which time the allowance may be increased to the next point of the salary range to a maximum of the penultimate point (note this excludes the salary protection point); and upon reaching the penultimate point the allowance will be reviewed every two years;   34.3.10.2.1 Criteria For Salary Progression Excellent Performance Excellent performance is defined as: the performance of staff who contribute to the goals of the University and of the school beyond what is expected of a competent employee. It would be expected that salary progression under excellent performance criteria requires that the staff member demonstrates overall excellence. The following criteria may be used as a guide to demonstrate excellent performance across a range of areas. It is not intended that staff would necessarily meet all of the criteria listed below: readily accepts increased responsibility [eg. demonstrates ability to supervise other staff if required (where not a requirement of the job), demonstrates significant multiskilling, performs duties and responsibilities beyond current classification level on a temporary basis responds positively to unusual requests demonstrates an ability to think laterally displays outstanding flexibility displays initiative beyond the basic requirement of the job displays an ability to think ahead demonstrates an exceptional level of technical skills is proactive in recognising need for change and recommending improved procedures and work practices demonstrates an ability to think strategically (where this is not a requirement of the job) demonstrates outstanding communication skills promotes team work (as a member of a team and not the leader)and/or demonstrates leadership qualities (not necessarily as a delegated supervisor) Although all applications for salary progression must related to the staff member's current job, examples to demonstrate excellent performance can be drawn from prior years, provided they are within two years of the application. Where an employee whose salary progression is approved on the basis of excellent performance transfers or is seconded to another position at the same level, the employee will be entitled to retain the Salary Progression Allowance subject to annual review. Additional duties: classification based Where the application for salary progression is based on additional duties the following criteria must be met in relation to these duties: must be demonstrated and confirmed by the Head of School/Section; must be ongoing in nature; must be work value related; must warrant a higher classification level (when assessed under DWM descriptors); and must not be significant enough to warrant a reclassification of the position. Where an employee whose salary progression is approved on the basis of additional duties transfers or is seconded to another position at the same level, the Salary Progression Allowance will cease. The individual will only receive the Salary Progression Allowance while he/she remains in the substantive position and continues to perform the additional duties. When an application is based on additional duties, the Employee Relations Officer will be requested to review the application and provide brief comments to the Committee. If the Classification Officer is of the view that the position should be reclassified, the application will be referred to the Classification Review Committee. The staff member would be informed in such instances.   34.3.10.3 Application Process Applications may be initiated either by the staff member, the supervisor or the Head of School/Section. To facilitate the workings of the Salary Progression Committee all applications must be completed using the prescribed form. The application form must be completed and submitted through the supervisor and the Head of School/Section. Supervisors are required to make detailed and relevant comments. The Head of School/Section will be required to make a comment on the application. These comments must be sighted by the applicant, who has a right to respond to his/her HOS/S’s comments if necessary. The Head of School/Section may request a separate report from the applicant's direct supervisor. The staff member has the right to respond to any separate report. All applications must then be forwarded to the Director, Human Resources via the Dean of the appropriate faculty, Executive Director, Finance and Resources, University Librarian or Executive Director (Academic Services) and Registrar (as appropriate). Applications must include the following: current duty statement; selection criteria for the position; and a statement addressing the basis of the application; excellent performance and/or additional duties. Evidence of excellent performance should be provided. Specific examples of the nature of additional duties should be included. Applicants can include any of the following to support their application: references received from supervisors; letters of commendation; examples of efficient handling of work, throughput of work, flexibility in the performance of duties; ability to liaise; names of assessors who may be approached by the Committee for a recommendation, if required; University service; (eg service on committees and working outside of normal job requirements) and General Staff Development Review forms.   34.3.10.4 Approval Procedure All applications will be considered by the Salary Progression Committee. Excellent Performance The Committee will normally make its decision based only on the information provided in the application submitted. Therefore the application needs to clearly demonstrate how the staff member meets the criteria for salary progression based on excellent performance. Additional Duties The application will in the first instance be assessed by Human Resources under the DWM descriptors. A recommendation will be attached to the application and forwarded to the Committee for consideration. Further Information The Committee may request further information as it deems necessary. Staff will be notified in writing of the result of their application. Successful applications will be effective from the next pay period following the date of receipt of the application by the Director, Human Resources. Where documentation is incomplete, the date of effect will be the first day of the pay period commencing on or after the date that full documentation and approvals are received. The Committee will make recommendations for salary progression to the Deputy Vice-Chancellor. Review of Salary Progression Allowances The Head of School/Section is responsible for reviewing the status of Salary Progression Allowances annually. Excellent Performance The Head of School/Section is required to submit a memorandum to the Salary Progression Review Committee confirming ongoing excellent performance and recommending progression to the next salary increment. In exceptional circumstances, where such a recommendation cannot be made, the Head of School/Section must submit a detailed memorandum to enable the Committee to recommend an appropriate course of action. In such circumstances: the Head of School/Section must inform the staff member; the staff member has the right to submit relevant documentation which may assist the Committee in its deliberations; and the Committee will make the final recommendation as to whether the allowance is to continue or cease. In the instance of continuance the Committee will recommend whether an increment is to be paid. Additional Duties The Head of School/Section is required to submit a memorandum to the Salary Progression Review Committee confirming that the additional duties upon which the original application was based are still accurate and ongoing. In such cases the employee will progress to the next salary increment. Upon reaching the penultimate point the allowance will be reviewed every two years. Where there have been further additions to the duties, advice should be sought from the Employee Relations Officer as it may be appropriate to submit an application for reclassification. Where the staff member is no longer required to perform the additional duties the Committee will recommend that the allowance cease.   34.3.10.5 Salary Progression Committee Responsibility of the Salary Progression Committee The Salary Progression Committee will assess all applications for salary progression. Membership of the Committee is as follows: Mr R Farrelly (Chair) Mrs Sasha Gabelish (Executive Officer) Associate Professor Ian Saunders (Vice-Chancellor’s nominee) Ms Vivienne Blake Mr Malcolm Fialho Ms Sue Beardman Ms Diane Christensen Mr Tom Stewart Mr John Wintle (Note 1) NOTE 1 – The relevant union representative for the position/s under consideration will sit on the Committee. Terms of reference (1) To consider applications for salary progression based on the documentation submitted and on additional information sought by the Committee as required. (2) To make recommendations to the Senior Deputy Vice-Chancellor. In cases where the Senior Deputy Vice-Chancellor disagrees with the recommendation, the case will be referred back to the Committee to consider the concerns raised. Any cases referred back to the Committee may be for the purpose of seeking further information or clarification. Dispute Resolution Process As a general rule decisions will be made on the documentation provided to the Committee. It is open to the Committee to determine its own process ensuring natural justice to the applicant and others. Where insufficient detail is provided, the Committee may defer dealing with the case to obtain further information. It is open for the Committee to hold the case over to the next meeting or where practicable, to circulate the information to Committee members for decision between meetings. In exceptional circumstances, the Committee may agree to hear from the applicant and supervisor or relevant University manager. In such circumstances the general process will be as follows: The applicant has the right to bring a support person but that person is not to act as an advocate. All parties should be invited in to the Committee meeting and hear each others information. The applicant should go first and briefly speak to their case. The University Supervisor/Manager and/or Committee members have the right to ask questions. The University Supervisor/Manager may then address the Committee following which the applicant and/or Committee may ask questions. The applicant may then address the committee but only on issues raised by the University Supervisor/Manager and which have not already been addressed. The Committee reserves the right, should it so decide to ask either or both parties to leave the meeting if it believes there is a need to discuss any issues in private. On having heard from both sides the Committee will thank the parties for attending and debate the merits of the case in private.   34.3.10.6 Review Of Salary Progression Scheme The salary progression scheme is to be reviewed every two years. Further details regarding the salary progression process are available from Human Resources on extension 3004.

 

34.3.11 Clinical Loadings

34.3.11.1 Medical and Dental Staff Clinical loadings are paid to certain medical and dental academic staff in recognition of their particular responsibility for patient care and the need to retain some parity between the University academic clinician and the hospital specialist who performs like duties and has similar responsibilities. Funding for clinical loadings is provided by the Department of Education, Science & Training (DEST).   34.3.11.2 Australian Universities Academic and Related Staff (Salaries) Award The Australian Universities Academic and Related Staff (Salaries) 1987 states, in respect of this University: An entitlement to a full clinical loading rather than to a para-clinical or pre-clinical loading should be determined by the nature and extent of the person’s patient care responsibilities. The clinical loading for a medically qualified full-time professor, associate professor, senior lecturer and lecturer employed in a medical school and responsible for patient care should be in accordance with code X020A of the salary schedule. Medicine and Pharmacology Surgery and Pathology Women's and Infants' Health Paediatrics and Child Health Primary Health Care Psychiatry & Clinical Neurosciences The clinical loading for a medically qualified full-time professor, associate professor, senior lecturer and lecturer employed in a para-clinical school should be in accordance with code X030A of the salary schedule. Surgery and Pathology Biomedical and Chemical Sciences The clinical loading for a medically qualified full-time professor, associate professor, senior lecturer and lecturer employed in a pre-clinical school should be in accordance with code X040A of the salary schedule. Biomedical and Chemical Sciences Anatomy & Human Biology Dental The clinical loading for a dentally qualified full-time professor, associate professor, senior lecturer and lecturer employed in a medical school or dental school in the teaching of medical or dental students should be in accordance with code X040A of the salary schedule. Note: The descriptions of staff eligible to claim clinical loadings contained in the clauses above should not be regarded as definitive. Any new claim for payment of a clinical loading should be referred to the Manager Employee Relations and Management Services. Schools must advise Human Resources when staff are to receive the Clinical, Para Clinical or Pre Clinical loading.   34.3.11.3 Superannuable Clinical loadings are superannuable and paid to entitled staff during study, recreation and long service leave.

 

34.3.12 Supplementary Clinical Allowances

34.3.12.1 DEST Funds Clinical loadings funded by DEST are insufficient to cover the gap between academic salaries and those paid to hospital specialists. Consequently agreement was reached to supplement salaries paid to certain clinical academics. The supplementation is funded by the WA State Government and paid through the teaching hospitals. Not all staff who receive the DEST funded clinical loading are eligible to receive the supplementary clinical allowance.   34.3.12.2 Full time Clinical Academics The supplementary clinical allowance will normally be paid to full time clinical academics. The allowance will not be paid to clinical academics who are employed on a part time basis by the University and who then engage in private practice or work on a sessional basis for hospitals.   34.3.12.3 Eligible Schools Clinical academics employed in the following Schools within the Faculty of Medicine and Dentistry who engage in clinical work for a teaching hospital will receive the allowance. Medicine and Pharmacology Women's and Infants' Health Paediatrics and Child Health Surgery and Pathology Psychiatry and Clinical Neurosciences Clinical academics employed in the following school within the Faculty of Life and Physical Sciences who engage in clinical work for a teaching hospital will receive the allowance: Biomedical and Chemical Sciences   34.3.12.4 Ineligible The allowance will not be paid to preclinical, social and preventative medicine and general practice academics.   34.3.12.5 Affected Schools The schools in the Faculty of Medicine and Dentistry which employ medically qualified academics affected by this are: Primary Health Care Population Health The school in the Faculty of Life and Physical Sciences which employ medically qualified academics affected by this is: Biomedical and Chemical Sciences   34.3.12.6 The State The WA State Government will not be responsible for funding the supplementary clinical allowance for clinical academic positions which are funded by the following organisations. (In most cases the organisations have funded the allowance.) Cancer Foundation Ford Foundation Lions Eye Institute Muscular Dystrophy Research Foundation Master of Public Health Foundation National Heart Foundation National Health and Medical and Rheumatism Foundation Department of Veteran Affairs Hollywood Private Hospital Centre for Applied Cancer Studies   34.3.12.7 Study Leave The supplementary clinical allowance is payable during study leave.   34.3.12.8 Superannuable Schools must advise Human Resources if staff are to receive the Supplementary Clinical Loading. The supplementary clinical allowance is superannuable.   34.3.12.9 Salary Movements The allowance will be adjusted to reflect movements in salary and loading paid to hospital and university staff.   34.3.12.10 Payment The allowance shall be paid fortnightly including during absences on approved annual, sick, long service leave and conference leave (up to the equivalent leave entitlements of a full time member of the hospital staff), but not where the monetary value of such leave is paid on resignation, retirement or dismissal and is calculated as follows: Professor The difference between 105% of the base rate for a full time Consultant (Year 8) Level 22 less leave loading and the base salary plus maximum clinical loading paid to a professor. Associate Professor The difference between 95% of the base rate for a full time Consultant (Year 8) Level 22 less leave loading and the base salary plus maximum clinical loading paid to an associate professor. Senior Lecturer The difference between 85% of the base rate for a full time Consultant (Year 8) Level 22 less leave loading and the base salary plus maximum clinical loading paid to a senior lecturer. Lecturer The difference between 80% of the base rate for a full time Consultant (Year 8) Level 22 less leave loading and the base salary plus maximum clinical loading paid to a lecturer. Others For sub-professorial academic staff the composite salary package (base UWA salary + clinical loading + special clinical allowance) shall not exceed the salary of a full time Consultant at the equivalent level. The composite salary for a lecturer shall not exceed that for a senior lecturer and the composite salary for a senior lecturer shall not exceed that for an associate professor.

 

 

34.4 Incremental Progression

Academic Staff Agreement 2009 General Staff Agreement 2009   Policy Employees, subject to satisfactory performance and according to Professional Development Review procedures, will proceed by annual increment through the salary range appropriate to the classification of the position occupied, to the maximum of the range. The University may, in exceptional circumstances, advance an employee more than one increment or grant a special increment or increments in the salary range appropriate to the classification of the position occupied. Supervisors are strongly encouraged to seek assistance from Employee Relations and Management Services in circumstances where, they believe, it is appropriate to withhold an increment. Academic Staff For incremental purposes performance is to be assessed on factors concerned with the level of teaching and research which is appropriate to the level of the appointment e.g. Lecturer, Senior Lecturer. Payment of an increment would only be refused where the Supervisor has advised the staff member in writing at least 6 months prior to the due date that performance is such that payment of the increment is not warranted. The advice must be in writing and detail the basis for withholding an increment. The employee must also be given the opportunity to raise any mitigating circumstances or any ongoing academic/professional development issues of which the supervisor may not be aware. If matters of concern occur within 6 months of the due date of the increment, payment will be deferred for the period necessary to allow 6 months between identification and payment. Where an increment is refused the employee may seek a formal review of the decision by the Dean. If a further appeal is necessary, this will be made to the Senior Deputy Vice-Chancellor (or nominee), and the Director, Human Resources. If the matters of concern are satisfactorily resolved within the 6 months period then payment of the increment will be made retrospective to the original date.   General Staff Supervisors should discuss the employee’s performance of duties at least 1 month before an increment is due. Employees will be counselled by their supervisor if deferment is recommended and provided with written reasons for deferment and the steps to be undertaken to improve their performance. Employees have the opportunity to reply in writing and have their reply considered by the Director, Human Resources. Any deferment of increment will be considered by the Director, Human Resources, with consultation between the Director, Human Resources and the Head of School. Decisions to defer an increment shall be reviewed within 4 months from the date of deferral. Any subsequent approval for payment on an increment will be effective from the date of approval with all future annual increments becoming due on the original anniversary date. An employee’s increment date will change only if they are appointed to a vacant position at a higher level, reclassified to a higher level or have periods of leave without pay in excess of 14 calendar days.   Related Information Unsatisfactory Performance (Academic) Position Classification Standards (Academic) Position Classification Standards (General) Professional Development Review Unsatisfactory Performance and Misconduct (Other than Academic)   Procedures HR Services regularly send a report to the appropriate Head of School, or equivalent, by envelope marked Direct and Confidential advising them of employees who have appointments with an increment date due within approximately the next 2 months. Increment information can also be accessed through the Staff List report in Human Resources Departmental Reports (Web Reports) The Head of School should consult with the supervisor of the employee/s who have an increment review due. The purpose of this consultation is to ensure the supervisor is aware of their obligations to undertake a review The supervisor must discuss with the employee their performance and advise them of the recommendation The supervisor must provide formal notification to the employee if the increment is to be withheld The supervisor must advise HR Services of either payment or deferral of the increment at least one month prior to the due date of the increment If an increment is to be withheld supporting documentation must be provided to the Director, Human Resources, M350, no later than one month prior to the due date of the increment

 

34.5 Uniforms and Protective Clothing

General Staff Agreement 2009 Policy Employees required by the University to wear protective clothing (eg dust coats, laboratory coats, overalls, gloves) or uniforms will have them provided free of charge. Three sets of protective clothing or uniforms are to be supplied on appointment. Employees are responsible for the care and maintenance of the protective clothing or uniforms except where infectious and/or hazardous materials are handled. Protective clothing and/or uniforms will be replaced at the University's expense when damaged through reasonable wear and tear. Protective clothing or uniforms remain the property of the University, therefore employees may be charged against their salary for any loss arising from neglect or misuse.

 

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35 Leave

35.1 All Staff

35.1.1 Annual Recreation Leave

Annual Recreation Leave (including annual leave loading)

 

35.1.2 Absence on account of Illness, Injury or Caring

Absence on Account of Illness, Injury or Caring

 

35.1.3 Parental Leave

Parental Leave (including Return to Work Bonus)

 

35.1.4 Long Service Leave

Long Service Leave General Staff Agreement 2009 Academic Staff Agreement 2009 ELICOS Teachers Agreement 2005 Child Care Employees' Agreement 2005   Principle Statement The University of Western Australia encourages employees to establish a balance between their personal and working lives. To assist employees achieve life balance, long service leave should be taken when due.   Policy – all employees (except casual employees) Employees are entitled to 13 weeks long service leave on full pay on completion of the first period of ten years continuous service. Employees must take accrued long service leave at mutually agreed times within 5 years of the leave becoming due. Employees may apply for long service leave at: double the period of entitlement on half pay half the period of entitlement on double pay; or any portion of the entitlement on full pay, or double the period on half pay or half the period on double pay Employees who had variations in hours, excluding overtime hours, (applicable to general staff only) or whose hours during the accrual period were less than their ordinary working hours at the commencement of long service leave, may elect to take a lesser period of long service leave calculated on the average full time equivalent (fte). Employees on long service leave during the end of year closedown period, or a public holiday/s, will have the day/s treated as part of the long service leave and extra days in lieu will not be granted. Employees who resign or whose appointment is terminated for any reason will be paid any accrued long service leave (excluding pro-rata) as at the termination date. Employees will have service at other public universities and public institutions, where the institutions have reciprocal arrangements with the University, recognised.   Related Policy Recognition of Prior Service   General Staff (except casual employees) Employees are entitled to an additional 13 weeks long service leave on full pay on completion of subsequent periods of seven years continuous service. Employees who commenced prior to 19 April 1994 will maintain the entitlement to 13 weeks (3 months) long service leave on full pay on the completion of 7 years continuous service. Employees may access pro-rata leave entitlement after 7 years in the first qualifying period and each 3½ years of second and subsequent entitlements. Employees who have accessed pro-rata leave are not required on resignation to repay any monies representing the pro-rata leave. Employees who do not clear long service leave within 5 years of the leave becoming due will not accrue a further entitlement unless Human Resources are advised that exceptional circumstances apply. Accrual of long service leave will resume once at least 50% of the accrual has been cleared. In exceptional circumstances where operational requirements have prevented an employee taking long service leave within 5 years the Vice-Chancellor may approve an extension of up to 2 years. If an employee has not been able to access long service leave within 5 years of accrual, the employee or the University may provide not less than 6 months notice for taking their long service leave. Employees who have a full long service leave entitlement or have completed twelve months or greater continuous service will receive a lump sum payment for pro-rata long service leave in the following instances: retirement at or over 55 years of age retirement on the grounds of ill health death with the payment being made to an estate or other nominated person approved by the Vice-Chancellor Employees who have a full long service leave entitlement or have completed three years or greater continuous service will receive a lump sum payment for pro-rata long service leave in the following instance: retired for any other cause apart from resignation Long service leave is calculated at the rate of salary of an employee at the date of retirement, resignation or death and no payment will exceed the equivalent of twelve months salary. ‘Continuous service’ means any period an employee is absent on full or part pay but does not include: any period exceeding 2 weeks leave without pay any service of an employee who resigns or is dismissed, other than service prior to resignation or dismissal date when prior service has actually entitled the employee to long service leave any period of service between the 5th anniversary date of the employees accrued entitlement, or a deferred commencing date approved by the Vice-Chancellor and the date on which the employee clears the entitlement any service by an employee who has been granted a deferment because of impending retirement between a deferred commencing date and the date the employee retires or clears a full entitlement of long service leave if the employee does not retire on the nominated date any period of long service leave paid out   Academic Staff (except casual employees) Employees are entitled to an additional 13 weeks long service leave on full pay on completion of subsequent periods of ten years continuous service. Long service leave is calculated at the rate of salary of an employee at the date of commencing leave. More than a 13 week entitlement can not be accrued without the approval of the Vice-Chancellor. Employees with an entitlement greater than 13 weeks or who will accrue such an entitlement by 29 May 2007 will retain the greater entitlement. Employees who provide at least six months notice of intention to take long service leave should have the leave approved except in exceptional circumstances where arrangements cannot reasonably be put in place by the requested time. Employees unable to take leave on this basis will be deemed to have approval to defer taking long service leave. Alternative arrangements for clearing leave should be agreed to within a month of advice that the leave was denied and should be at the convenience of the employee unless impracticable. Employees who provide less than six months notice of intention to take long service leave will have the leave application considered subject to the operational requirements of the work area. Approval of leave will not be unreasonably withheld. Employees on approved unpaid parental leave are not required to provide six months notice. Employees who have accrued an entitlement of more than 13 weeks may be given written notice by the Vice-Chancellor to take leave in excess of the 13 weeks, at a time convenient to the needs of the work area provided that: written notice is at least six months prior to the date on which leave must commence employees are not required to take long service leave within 24 months of the intended date of retirement the minimum period required will be six weeks or greater Transitional arrangements for clearing accrued leave apply to all employees employed at 18 January 2005 and who had an existing accrued long service leave entitlement or entitlements as that date. Employees with one accrued entitlement at 18 January 2005 are required to clear that entitlement within five years of 1 January 2005 and will continue to accrue leave within that five year period. Employees with two or more accrued entitlements must clear one entitlement within five years and the remainder of entitlements within 10 years of 1 January 2005. Employees who do not clear a pre 1 January 2005 accrued entitlement within the above timeframe will cease to accrue long service leave. Employees who have a full long service leave entitlement or have completed twelve months or greater continuous service will receive a lump sum payment for pro-rata long service leave in the following instances: retirement at or over 55 years of age death Employees who have a full long service leave entitlement or have completed five years or greater continuous service will receive a lump sum payment for pro-rata long service leave in the following instance: termination by the University for any reason other than serious misconduct Employees who have provided written notice of their retirement are not required to take long service leave within 24 months of retirement. Deferment of taking long service leave beyond 5 years can be approved by the Vice-Chancellor in exceptional circumstances. Long service leave is calculated on the rate of salary of an employee at the time of commencing leave. ‘Continuous service’ means any period an employee is absent on paid leave, including study leave and any periods of leave without pay granted to take up an assignment with one of the international schemes for developing countries (UNESCO and WHO) to which Australia is a party or for any other purpose for which the University has given its approval but does not include: any period exceeding 2 weeks leave without pay except as provided above any period of service between the 5th anniversary date of the employees accrued entitlement, or a deferred commencing date approved by the Vice-Chancellor and the date on which the employee clears the entitlement any service by an employee who has been granted a deferment because of impending retirement between a deferred commencing date and the date the employee retires or clears a full entitlement of long service leave if the employee does not retire on the nominated date any period of long service leave paid out   Procedures Enter leave via ESS or download leave form from web Complete all sections of the form Pass form to Approved Delegate for approval Send form to Human Resources, M350 once approved if not submitted via ESS

 

35.1.5 Deferred Salary Scheme

General Staff Agreement 2009 Academic Staff Agreement 2009 ELICOS Teachers Agreement 2005   Policy All Staff Employees may apply to enter in the Deferred Salary Scheme, in one of three ways: 4 years service paid at 80% of salary followed by 1 year’s leave paid at 80% of salary 4.5 years service paid at 90% of salary followed by 6 month’s leave paid at 90% of salary 2 years service paid at 80% of salary followed by 6 month’s leave paid at 80% of salary Deferred leave must be taken immediately after the completion of the service period. Deferred leave will not constitute a break in service and will count as service for all purposes except for salary increments. Employees may not work for the University when taking their deferred leave. Employees are responsible for informing themselves of all implications of the Deferred Salary Scheme before entering into it. Please Note: As purchased leave effects staff superannuation final benefits, please contact the UWA superannuation officer in Human Resources to discuss such effect. Staff members who wish to continue superannuation contributions based on 100% of their applicable rate of pay will be responsible for paying the difference between: the employer and employee proportional contribution; and the employer and employee contribution which would be payable on 100% of applicable rate of pay. Employees who withdraw (resign) from the Deferred Salary Scheme will be paid: a one (1) off lump sum at the percentage (%) of salary foregone during the period already worked a one (1) off lump sum superannuation payment based on the salary forgone. The payment will be paid to the employee’s superannuation contribution scheme account and will be paid at either 17% or 9%, whichever is applicable Secondments (where the outside organisation pays), leave without pay, sick leave without pay (greater than 3 months) and parental leave are non-participatory periods and will delay the commencement of the leave by the length of the non-participatory period. Employees will be paid their normal salary during non-participatory periods. Sick leave without pay (less than or equal to 3 months), sick leave with pay, long service leave, annual recreation leave and approved leave while in receipt of Worker’s Compensation are all participatory periods. Annual Recreation Leave should be cleared annually during the term of the Deferred Salary Scheme and extra leave period. Elicos Staff Only An employee may apply to work within the parameters of the deferred salary scheme. In order to ensure the smooth running of CELT programmes, a maximum of two teaching staff may be absent as a result of participation in this scheme at any one time.   Procedures Download Deferred Salary Scheme Application and Agreement form from web Complete all sections of the leave form Pass form to Approved Delegate for approval Send form to Human Resources, M350 once approved

 

35.1.6 Leave Without Pay

Leave Without Pay

 

35.1.7 Jury Service

Policy Jury Service

 

35.1.8 Leave for Training with Defence Force Reserves

Leave Leave with Defence Force Reserves

 

35.1.9 Leave for Emergency Services

Leave for Emergency Services

 

35.1.10 Leave for International Sporting Events

Policy Leave for International Sporting Events

 

35.1.11 Paid Leave for English Language Training

English Language Training Leave

 

35.1.12 Veteran's leave

Veteran's Leave

 

35.1.13 Cultural/Ceremonial Leave

Policy Ceremonial/Cultural leave is for legitimate ceremonial or cultural purposes to meet the employees’ customs, traditional law and participation in ceremonial or cultural activities. Indigenous Australian employees are entitled to an additional two days leave under the Indigenous Australian Employment policy.

 

 

35.2 General Staff

35.2.1 Short/Compassionate/Bereavement Leave

General Staff Agreement 2009 ELICOS Teachers Agreement 2005 Child Care Employees' Agreement 2005   Policy This policy is for the purposes of covering short periods of leave which may be in relation to an emergency or on compassionate grounds. Employees are entitled to 3 days leave per calendar year which is not carried over to the next year. Employees can only take 2 consecutive days at any one time. The minimum period of leave which may be applied for is 1 hour. Employees on a fixed term contract of 12 months or more are eligible for the full entitlement. Employees on a fixed term contract less than 12 months are eligible for pro rata leave. Part-timel employees are eligible for leave on a pro rata basis proportional to their fraction: hours worked per fortnight x 22.5 hours 75   1   The University defines immediate family and household member as: a spouse (including a former spouse, a defacto spouse, a former defacto spouse and current or former same sex partner) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee a relative who lives with the employee in the same household   while endorsing an inclusive definition of family and recognising a wide range of relationships and structures which may include one or more of the following: extended family, marriage, friendship, adoption and dependency. Employees accessing leave to provide care or support to another person whose care is their responsibility may be for a period of three consecutive days and may be approved in conjunction with other leave accessible for family responsibility purposes. This policy does not apply to casuals.   Short Leave Policy Short Leave is for urgent private business that occurs without notice. Personal appointments, where possible, should be arranged outside the required hours of duty or be accommodated by flexible working hours. Short leave can, for example, be used for an emergency at home such as storm/flood damage. Short leave is not to be used for planned arrangements such as moving house. Where an employee works flexible working hours and is unable to accumulate flexi leave credits because of work area convenience, or is unable to accumulate sufficient flexi leave credits in the current settlement period she/he may be granted short leave subject to the approval of the Approved Delegate   Employees on standard hours may be granted short leave subject to the prior approval of the Approved Delegate. Short Leave should only be used in genuine circumstances and should not be cleared toward the end of the year. Leave granted in accordance with this policy for the purpose of providing care or support to another person whose care is their responsibility may be approved in conjunction with other leave accessible for family responsibility purposes.   Compassionate/Bereavement Leave An additional entitlement to Compassionate leave has been introduced through the Work Choices legislation which overrides the provisions in the Agreements. Policy Compassionate/bereavement leave is for leave at the time of death of a family or household member or on other compassionate grounds such as providing support and care to another person, whose care is the responsibility of the employee, with a personal illness, or injury that poses a serious threat to life or dies. Paid compassionate/bereavement leave is available for 2 days on each permissible occasion. Employees can take 2 consecutive days of compassionate/bereavement leave which is incorporated in the three day entitlement. Subsequent compassionate/bereavement leave in a calendar year can be accessed on each permissible occasion in addition to the 3 day entitlement. Permissible occasion is when an immediate family or household member contracts a life threatening illness, or sustains a life threatening injury, or dies and in such a situation leave could be utilised as follows: if a family member has a heart attack which led to the family members death, an employee may access a total of four days paid leave as they were two separate incidents. Contracting a life threatening illness and subsequently dying are two permissible occasions, however, the first two days entitlement must be taken during the illness. Procedures Download leave form from web or enter leave via ESS Complete all sections of the form Pass form to Delegated Authority for approval Send form to Human Resource Services (M350) when approved if not submitted via ESS

 

35.2.2 Time Off for Study Purposes

Policy Study Leave (General Staff)

 

35.2.3 Strike Caused Absences

Members of staff are expected to attend work unless there are genuine unavoidable circumstances which prevent them from doing so. In the event of strike action affecting public transport, members of staff should make appropriate alternative arrangements for getting to and from the University. If attendance is not possible, absences should be formally covered by an application for annual leave or leave without pay. Consideration may be given to the granting of short leave where such leave is applicable.

 

35.2.4 Leave for Study or Special Purposes for Executive Positions

Study and Special Purpose Leave for Senior General Staff

 

35.2.5 Purchased Leave

General Staff Agreement 2009 Elicos Teachers Agreement 2005   Policy Employees may purchase up to 6 weeks additional leave (“purchased leave”) by taking a reduced salary spread over 52 weeks (“purchased leave period”). Number of paid weeks (spread over 52 weeks) Number of weeks purchased leave 46 weeks 6 weeks 47 weeks 5 weeks 48 weeks 4 weeks 49 weeks 3 weeks 50 weeks 2 weeks 51 weeks 1 week A purchased leave agreement is for a period of 12 months and preferably from the beginning of the calendar year. If the staff member wishes to continue the purchased leave agreement for a further period of purchased leave, a new application must be submitted before the end of the 12 month period. Work areas will assess each application for purchased leave on its merits. The work area must take into account the personal circumstances of the staff member, together with the operational requirements of the work area, when considering each application. All applications for purchased leave are subject to the approval of the work area. Please Note: As purchased leave effects staff superannuation final benefits, please contact the UWA Superannuation Officer in Human Resources to discuss such effect. Staff members who wish to continue superannuation contributions based on 100% of their applicable rate of pay will be responsible for paying the difference between: the employer and the employee proportional contribution; and the employer and employee contribution which would be payable on 100% of applicable rate of pay. Purchased leave is considered as service in all circumstances. All purchased leave must be taken during the purchased leave period and prior to any recreation leave booking. Where an employee has been unable to take purchased leave, the staff member's salary shall be adjusted at the expiry of the purchased leave period. All forms of leave taken during the purchased leave period will be paid at the reduced salary. Staff members who work overtime during the purchased leave period shall be paid at 100% of their applicable rate of pay. Staff members who withdraw (resign) before the end of the purchased leave period will either:- have the pro-rata amount of unused purchased leave reimbursed as a lump sum payment; or be required to repay any overdrawn purchased leave. Procedures Application for Purchased Leave Download Purchased Leave form from web Complete all sections of the form Pass form to Delegated Authority for approval Send form to Human Resource Services (M350) for processing Booking of Purchased Leave Bookings may be made through Employee Self Services (ESS) Withdrawal (resignation) Submit a written request to your Delegated Authority for approval Send request to Human Resource Services (M350) for processing.

 

 

35.3 Academic Staff

35.3.1 Compassionate/Bereavement Leave

Academic Staff Agreement 2009   Policy Employees are entitled to 3 days leave per calendar year which is not carried over to the next year. Employees can only take 2 consecutive days at any one time. Part-time (fractional) employees are eligible for leave on a pro rata basis proportional to their fraction. Employees on a fixed term contract of 12 months or more are eligible for the full entitlement. Employees on a fixed term contract less than 12 months are eligible for pro rata leave. This policy does not apply to casuals.   Compassionate/Bereavement Leave An additional entitlement to Compassionate leave has been introduced through Work Choices legislation which overrides the provisions in the Agreements. Policy Compassionate/bereavement leave is for leave at the time of death of a family or household member or on other compassionate grounds such as providing support and care to another person, whose care is the responsibility of the employee, with a personal illness, or injury that poses a serious threat to life. Paid compassionate/bereavement leave is available for 2 days each permissible occasion. Employees can take 2 consecutive days of compassionate/bereavement leave which is incorporated in the 3 day entitlement. Subsequent compassionate/bereavement leave in a calendar year can be accessed on each permissible occasion. Permissible occasion is when an immediate family or household member contracts a life threatening illness, or sustains a life threatening injury, or dies and in such a situation leave could be utilised as follows: if a family member has a heart attack which leads to death an employee can access a total of four days paid leave as they were two separate incidents. Contracting a life threatening illness and subsequently dying are two permissible occasions, however, the first two days entitlement must be taken during the illness. Procedures Download leave form from web or enter leave via ESS Complete all sections of the form Pass form to Delegated Authority for approval Send form to Human Resource Services (M350) when approved if not submitted via ESS

 

35.3.2 Study Leave

Sabbatical Leave

 

35.3.3 Conference, Fieldwork or OSP (Other than during Study Leave)

Related Information Traveller's Checklist (Financial Services)

35.3.3.1 Circumstances

Except in the case of sickness, or when absent on approved study leave, long service leave, leave without pay or leave for recreational purposes, members of the academic staff are generally required to be on duty throughout the year and particularly during terms. However, in special circumstances and subject to the following provisions, members of academic staff may be granted leave to attend conferences, to undertake fieldwork, or to take an Outside Studies Programme (OSP) during the course of the year.

 

35.3.3.2 Definitions

The definitions of these categories are as for study leave and it should be noted in particular that periods of conference leave greater than two weeks in duration must be classified as OSP absences (i.e. in toto). Absences during Vacations and AVCC Common Weeks Subject to the prior approval of the head of school concerned, members of academic staff may take special leave during a University vacation or an AVCC common week for the purposes of undertaking field work on an Outside Studies Programme or to attend conferences within Australia. Heads of schools are requested to notify Human Resources through the Dean at the earliest possible date of all approved vacation absences undertaken by themselves. Absences which involve overseas travel or extend into a University term must be referred to the Dean for prior approval. It should be noted that when approval for a travel grant is obtained a separate application covering the leave of absence should be submitted in accordance with the above procedures. Absences During Terms Applications for leave of absence during a teaching term should be made by written application to the Dean through the head of the school. Each application will be treated on its merits and determined in accordance with the following general principles: Unless special circumstances exist, applications for fieldwork or OSP absences during a term will not normally be approved. Applications for conference leave must be supported by the head of school. Normally up to two weeks’ leave will be approved if attendance is for the purpose of presenting a paper or chairing a session etc. With the approval of the Dean and the agreement of the head of school, periods of leave may be extended to take in the whole or a part of a vacation.

 

 

 

 

36 Equal Opportunity Policies and Procedures

36.1 Equal Opportunity and Affirmative Action Policy Statement

The University of Western Australia has responsibility under both the WA Equal Opportunity Act 1984 and the Commonwealth Equal Opportunity for Women in the Workplace Act 1999. The WA Equal Opportunity Act 1984 prohibits discrimination in employment and education on the grounds of: Sex Age Race Marital Status Pregnancy Political Conviction Religious Conviction Impairment Family Responsibility or Family Status Sexual Orientation Gender History Sexual harassment, racial harassment and disability harassment are also unlawful. The University is also required to prepare an Equity and Diversity Management Plan. The plan includes objectives and strategies aimed at identifying and removing discrimination and promoting equal opportunity for all employees and potential employees. Areas covered include policy and planning, recruitment, selection, promotion, staff development and training, as well as organisational approaches to culture change programmes and campus wide accountability frameworks. The Equal Opportunity for Women in the Workplace Act 1999 requires that the University formally adopts a policy and a programme for its implementation. One objective of this legislation is to improve the participation of women in all areas of employment. As a result of these Acts the University has adopted the following Equal Opportunity Policy Statement: The University of Western Australia is committed to a policy of equal opportunity in employment and education. The University accepts that it has a responsibility to create an environment free from discrimination, and to ensure that the principle of merit operates unhindered by regard to irrelevant criteria. To this end the University will act to ensure that its structures are free from direct or indirect discrimination on the grounds of sex, marital status or pregnancy, race, age, sexual orientation, gender history, religious or political beliefs, impairment, family responsibility or family status." (Adopted by Senate, October 1993 – amended November 2002). While the overall responsibility for the University's Equal Opportunity and Affirmative Action programme rests with the Vice-Chancellor, Deans, Heads of Schools, and supervisors are responsible for implementation the programme. For information and advice on equity and diversity matters contact: The Manager, Equity and Diversity on extension 3791 and Diversity Advisory Committee. Further guidance on Equal Opportunity matters can be found at: Enquiries and Grievances Professional Relationships Sexual Harassment Use of Non-Discriminatory Language Gender Balance on Committees Racial Harassment

 

36.2 Policy and Procedures for Dealing with Equity and Diversity Enquiries and Grievances

1. Introduction This document outlines the policy and procedures for use by Faculties and Central Administration in dealing with enquires and complaints of discrimination and harassment by both staff and students. The policy and guidelines do not apply to sexual harassment complaints which should be made under the University's Sexual Harassment Policy and Procedures. The University of Western Australia is committed to maintaining an environment within the University that is free from discrimination and harassment.(1) Discrimination and harassment are unacceptable behaviour. They conflict with the University's Equal Opportunity and Affirmative Action Policy and deny the rights of staff and students to fair treatment. Discrimination and harassment are serious issues which undermine morale and can adversely affect the ability of staff and students to achieve their full potential within the University. Policy and procedures for resolving complaints of discrimination and harassment have been adopted by the University to: promote a work and study environment which inclusive and characterised by respect and which is free from discrimination and harassment; provide an internal procedure for dealing with issues and complaints of discrimination and harassment which may arise; meet the requirements of State and Federal legislation, and the University's current Equity and Diversity Management Plan; ensure that discrimination and harassment are dealt with in as confidential, sensitive and expedient a manner as possible; ensure that the prevention and resolution of complaints of discrimination and harassment become an integral part of line management and supervisory responsibilities.   2. Definitions 'Equal opportunity' in employment means ensuring people are treated on a fair and equitable basis in the workplace, on the basis of their skills and abilities, whatever their differences in other respects. 'Discrimination' is where a person is treated less favourably because of their sex, age, marital status, pregnancy, race, ethnic origin, sexual orientation, gender identity, political or religious conviction, impairment, family responsibility or family status. Discrimination may be direct, indirect or systemic. 'Harassment' for the purposes of these procedures is defined as any unwelcome, offensive, belittling or abusive comment or action regarding a persons' sex, age, marital status, pregnancy, race, ethnic origin, sexual orientation, gender identity, political or religious conviction, impairment, family responsibility or family status. It is behaviour towards another person which is unwanted and which adversely affects the work or study environment.(2) 'Victimisation' includes any unfavourable treatment of a person who has been involved with a discrimination or harassment enquiry or complaint. Unfavourable treatment could include adverse changes in the working environment, denial of training, denial of promotion, and exclusion by peers. 'Respondent' means the person or School against whom a complaint of harassment or discrimination has been made.   3. Examples While it is not possible to document all instances in which discrimination and harassment in the work and study area may occur, listed below are examples of situations to be avoided. Any discriminatory practices relating to recruitment; selection; promotion; tenure; termination of employment; conditions of service and training and development. The display or transmission of inappropriate or offensive pictures, cartoons, posters, jokes, graffiti or written materials (for example emails or SMS messages). Inappropriate material is often of a sexist or racist nature. Phone calls, letters or messages on electronic mail or computer networks which are threatening, intimidating, abusive or offensive Refusing to provide appropriate alternative study arrangements for a student with a disability.   PROCEDURES FOR DEALING WITH EQUITY AND DIVERSITY ENQUIRIES AND COMPLAINTS 4. Aims The aims of these complaints procedures are to: 4.1 ensure that accurate information regarding equity and diversity issues is readily available. 4.2 provide information and support to any person who has been or alleges that they have been discriminated against or harassed; 4.3 ensure the rights of respondents are protected; 4.4 take reasonable steps to ensure there is no recurrence of the behaviour or practice which gave rise to a justifiable complaint; 4.5 ensure there are no reprisals against the complainant or witnesses for making or participating in a justifiable complaint; 4.6 ensure the situation giving rise to a complaint is addressed as far as possible to the complainant's satisfaction in a just and fair manner; 4.7 gain information on the extent of a problem to enable the University to take preventative steps against discrimination and harassment; 4.8 ensure that complaints are dealt with expediently, in the interests of all concerned. Undue delay may provide grounds for further complaint.   5. Internal and External Procedures for Dealing with Complaints Any person who feels that they have been discriminated against or harassed may: 5.1 choose to discuss the problem with the respondent in an attempt to resolve the matter in a constructive manner; 5.2 choose to resolve the complaint through the University's procedures (as outlined below); 5.3 choose to make a complaint to the WA. Commissioner for Equal Opportunity under the provisions of the relevant State or Federal anti-discrimination legislation 5.4 choose to pursue a complaint through another appropriate representative body such as a relevant union or student guild.   6. Four Stages in the Internal Procedures STAGE 1 Informal Grievance Resolution: Equity And Diversity Adviser Scheme Initial enquiries about equity matters of concern, including possible cases of discrimination or harassment, should be made to one of the Equity and Diversity Advisers. An Adviser who feels unable or unwilling to deal with a particular enquiry should refer the complainant to the Manager, Equity and Diversity. The role of the Adviser is to: be a first point of contact for staff and students who wish to make inquiries, who have a discrimination or harassment complaint, or who want simply to sound out a concern. listen with respect and empathy, at all times ensuring confidentiality; assist the person to clarify the situation and their feelings; recognising that talking about the situation may suffice and the person may then feel able to deal with the situation; identify the nature of the complaint and advise about both internal and external ways of dealing with complaints; provide advice on University policy and procedures (copies to be made available) and the possible stages involved; inform the complainant about their rights, as well as the rights of the respondent; discuss note taking and recording of the complaint and provide advice on this to the complainant; caution the complainant to be careful regarding who to inform of the matter given the possible risk of defamation and aggravation of the problem; if appropriate and necessary, accompany the complainant to preliminary meetings associated with the matter; refer the complainant to the relevant manager or supervisor if the person wishes; advise the complainant that the complaint may be withdrawn at any stage without prejudice. All approaches to an Adviser will be treated in confidence and Advisers will not discuss a case with a third person without the knowledge and consent of the complainant or inquirer, other than in accordance with these procedures. It is important to note that documentation may be accessed under the Freedom of Information Act.   STAGE 2 Complaint Resolution by Relevant University Supervisor or Manager The aim of this option is for a resolution of the complaint to be achieved in a just, prompt and confidential manner. Staff in supervisory roles have a responsibility to deal with discrimination and harassment as part of their role in maintaining a productive environment in which to work or study, and through promoting proper standards of conduct. They have a responsibility to: ensure that all are aware of appropriate and acceptable standards of behaviour; make known the University's policies, and names and locations of the Equity and Diversity Advisers; take early corrective action to deal with behaviour which may constitute discrimination or harassment; monitor the workplace and study environment so they become aware of any discrimination or harassment that may be likely to arise. If the complainant does not wish to resolve the situation directly with the respondent, the matter can be taken to the respondent's supervisor. For the purpose of this process the supervisor shall be the person nearest to the respondent in terms of line responsibility. For example, Respondent Supervisor Student – Head of School which conducts the course in which the respondent is enrolled General Staff Member – Head of School Academic Staff Member – Head of School/Dean Where the Respondent is the Head of School the matter can be taken to the Supervisor of the Head of School. This referral to the supervisor should occur only after initial discussion of available options with the Equity and Diversity Adviser or the Equity and Diversity Office. Care should be taken by the supervisor not to pre-judge either party or to dismiss a matter as trivial. The supervisor may utilise a range of strategies in resolving the complaint whilst ensuring that principles of procedural fairness are observed, such as: provide sufficient opportunity for the complainant to present their case; inform the respondent of the substance of the allegations and provide adequate opportunity to respond; give reasonable notice to all parties of any interviews or meetings regarding the complaint; discuss the complaint through separate interviews with the complainant and respondent, or through a joint meeting with both parties if they agree; provide mediation to resolve the complaint, if appropriate. At any stage of this process, the supervisor may seek advice and assistance from the Equity and Diversity Office with respect to the procedures and proposed strategies. The complainant, respondent or supervisor may request an Equity and Diversity Adviser to attend any meetings to provide advice and ensure fair process is followed. The Adviser's role does not extend to acting as an advocate for either the complainant or respondent. The supervisor or Adviser may request the assistance of the Manager, Equity and Diversity. If there is a legitimate complaint, and the matter is resolved, the supervisor will follow up with the complainant to ensure that there have been no further incidents. If the respondent to the complaint is the immediate supervisor or manager, stage 2 would be omitted. In this case, or if the complaint has not been resolved, the complainant or respondent may refer the complaint to a senior University manager, as set out below.   STAGE 3 Complaint Resolution By Senior University Managers Where mediation and resolution of the complaint has been unsuccessful in stages one and two, the complainant will be referred to the Dean, the Registrar or Director, Human Resources. Referral may be made by the complainant or respondent or their representatives (e.g. Supervisor) only after following stage one and/or stage two. The Dean, the Registrar or Director, Human Resources will investigate complaints in accordance with the procedures outlined in stage two. If the complaint is found to be substantiated, the Dean, the Registrar or Director, Human Resources will undertake appropriate action or refer the matter to the Vice-Chancellor. If a satisfactory resolution is not achieved the matter is referred to the Vice-Chancellor.   STAGE 4 Formal Complaint To The Vice-Chancellor When the previous stages have failed, a formal complaint or formal referral is made to the Vice-Chancellor, who will constitute a Review Panel comprising the Chair of the Equity and Diversity Advisory Committee, a nominee of the Vice-Chancellor and the Manager, Equity and Diversity. The Review Panel will include at least one man and one woman. The Panel will report its findings and recommendations to the Vice-Chancellor who will determine appropriate action. The Vice-Chancellor's determination will be final.   7. Victimisation Any complaint of victimisation will be treated in the same manner as a complaint of discrimination or harassment   8. Vexatious Complaints If the complaint is found to be vexatious, disciplinary procedures (Statute 17/Policy & Procedures Manual) maybe taken against the complainant.   9. Monitoring and Evaluation These procedures will be monitored and then reviewed after two years by the Equity and Diversity Advisory Committee.   Flow Chart of Grievance Resolution Process Complaint may be withdrawn at any stage Stage 1 Initial contact advice and assistance from an Equity and Diversity Adviser Matter may be resolved by complainant taking action Complaint may be taken externally at any stage Discussion/Mediation-matter resolved no further action   No resolution   Stage 2 Complaint investigated and mediated by supervisor or manager Matter resolved no further action No resolution   Stage 3 Complaint investigated and mediated by Dean, Director HR, Registrar Matter resolved no further action No resolution   Stage 4 Formal complaint, inquiry panel established by Vice-Chancellor Recommendation to Vice-Chancellor for complaint resolution NB: It is anticipated that the majority of complaints will resolved in Stages 1 or 2. Stage 2 is not appropriate where complaint is against supervisor/manager.   Notes (1) Refer to UWA’s Equal Opportunity and Affirmative Action policy. (2) Sexual and Racial harassment are defined in more detail in the appropriate UWA policies and guidelines.

 

36.3 Professional Relationships In The University Of Western Australia:Workplace Policy

36.3.1 Introduction

This policy aims to clarify for all staff of the University community the conduct expected in the performance of duties, and in maintaining public trust and confidence in the integrity and professionalism of the services provided by the University. The successful development of an ethical environment relies upon all staff having responsibility for their own professional behaviour taking into consideration the provisions of this policy and other University policies. This policy cannot address all possible issues which staff may face in their employment at the University, but it does cover the three main issues; firstly determining whether there is a conflict of interest (or potential conflict or perception of bias); secondly determining if there has been an abuse of trust; and thirdly protecting the parties so that decisions are not affected or seen to be affected by personal or financial relationships.

 

36.3.2 Purpose

This document sets out the policy for staff when dealing with personal or financial relationships which might involve other staff, students or members of the community in the context of the University workplace. For the purpose of this policy, personal or financial relationships are defined as relationships which extend beyond employment based relationships and contain factors irrelevant to the working competencies of staff. The general principle which should guide behaviour is that it is professionally undesirable and in certain cases unacceptable that personal or financial relationships should impact on, or be perceived to impact on, or influence working practices, to the extent that another staff member, student or member of the community could be, or believe themselves to be, unfairly advantaged or disadvantaged.

 

36.3.3 Examples of relationships that may cause conflicts of interest, addressed in this policy are:

Family relationships (parent/child, husband/wife defacto/spouse, siblings, relations by marriage such as brother/daughter-in-law, niece, and nephew etc.) Positive and negative emotional relationships, including all sexual relationships, antagonisms, and close friendships. Employment relationships where a perception of bias may reasonably be seen to exist. A perception of bias may be seen to exist where it would be likely that an independent fair-minded person might reasonably fear that a supervisor in an employment relationship might be influenced by factors or considerations other than proper academic or employment management factors or considerations. Financial relationships including: an arrangement which could result in personal financial gain or loss for a staff member; or a financial conflict of interest arising from a staff member with a financial interest in a business or company involved in delivering a service to, for or on behalf of the University; or a University research or consulting account over which an individual staff member has effectively full control.

 

36.3.4 Situations to be Avoided

It is not possible to document all instances in which relationships might impinge on the workplace and lead to questionable outcomes such as a conflict of interest. This policy is intended to provide an indication of situations to be avoided. Examples of situations where relationships of the nature identified in 6.3.3 above exist and are not consistent with this policy include: selection, confirmation of an appointment, transfer, reclassification, promotion and/or continuing appointment of staff, including ongoing, fixed term or casual staff; termination of employment; provision of opportunities and funding for research, conferences, training/development and accommodation; referee reports and performance appraisal and review; selection of students for awards, prizes and scholarships etc.; assessment or supervision of students; selection of students for admission, honours and post-graduate supervision; provision of advice to a deliberative body (e.g. a school review); awarding of contracts or tenders.

 

36.3.5 Procedures of Notification

In many cases only the individual staff member will be aware of the potential conflict of interest and each individual situation will be different. All senior staff involved must ensure that the process is conducted in accordance with this policy and that information disclosed is treated confidentially. Staff who are involved in relationships where there may be or could be seen to be a conflict of interest (examples above) are required to declare the relationship or the conflict of interest to their supervisor or relevant Head of School. Prior to notification (refer above) staff may refer the matter to the Dean or the Equity and Diversity Office for guidance in complying with this policy. Information concerning a potential conflict of interest may also be forwarded to the Head of School from a student. The Head of School or supervisor will inquire into the matter raised in consultation with the staff member and advise the staff member of any action to be taken as a result of declared or notified conflict of interest. The action taken by the Head of School or supervisor will ensure the withdrawal of the staff member from any of the processes of the type identified in 6.3.4. If withdrawal from these processes is not reasonably practicable, the Head of School or supervisor must make either of the following arrangements for dealing with situations outlined in 6.3.4: establish parallel/alternative arrangements specifically for the purpose; or ensure that the existence of any conflict of interest is clearly and formally communicated in writing to all those involved in making the relevant decision. The above is only intended to deal with exceptional circumstances where the withdrawal of a staff member would disrupt the general function of the University. It should be stressed that issues of confidentiality are to be a priority for all involved in the above process.

 

36.3.6 Failure to Declare

The University will not establish any formal apparatus to monitor or record the existence of close personal or financial relationships (identified in 6.3.4). Staff who fail to declare a potential conflict of interest in accordance with this policy and continue to participate in processes exampled in 6.3.4 may face disciplinary measures as specified under the relevant academic and general staff agreements. Staff or student processes, decisions or agreements found to be in conflict with this policy may be reviewed, amended or rendered null and void by the Registrar and Chair of the Academic Board, following consultation with the appropriate University committee/s.

 

36.3.7 Review of Procedures

Heads of Schools and supervisors should review relevant procedures and forms to ensure consistency with this policy and where necessary consult with the Registrar and Director Human Resources regarding any necessary amendments.

 

36.3.8 Relevant Policies and Guidelines

Refer to Human Resources Policy and Procedures concerning the Employment of Close Relatives. The Finance Manual should be referred to concerning Conflicts of Interest in University Business Transactions. Written declarations of all relevant interest that a staff member may have in any proposed business transaction for the supply of goods or services, to or for the University, are to be made to the Executive Director in accordance with the Manual. Issues relating to conflict of interest in relation to acceptance of directorships and partnerships of companies are dealt with in Professional and Consultative Work. Any conflict of interest relating to research activity needs to be reported to the Pro Vice-Chancellor (Research) as set out in the Guidelines on Research Ethics and Research Conduct. Ethical values, standards and conduct in postgraduate research supervision are set out in the Code of Good Practice for Postgraduate Student Research and Supervision. December 1993 Amended by Senate 28th September 1999 (09 03 024 001) The use of the word staff refers to all University employees covered by Agreements and those on temporary casual contracts

 

 

36.4 Sexual Harassment

36.4.1 Introduction

Policy and procedures for resolving complaints of sexual harassment have been adopted by the University to: promote a work and study environment which is free from sexual harassment; provide an internal procedure for dealing with issues and complaints of sexual harassment which may arise; meet the requirements of State and Commonwealth legislation and the University's Equal Opportunity Management Plan. The University of Western Australia is committed to maintaining an environment within the University that is free from sexual harassment. Sexual harassment is unacceptable behaviour. It conflicts with the University's Equal Opportunity Policy and denies respect for the rights of staff and students to fair treatment. Under the Western Australian Equal Opportunity Act (1984) and the Commonwealth Sex Discrimination Act (1984), sexual harassment in employment and education is unlawful. Sexual harassment is a serious issue which undermines morale and can adversely affect the ability of staff and students to achieve their full potential within the University. The University is committed to taking action to deter sexual harassment, to increase awareness that such behaviour is unacceptable and to ensure that complaints are dealt with fairly and promptly.

 

36.4.2 Definition

Sexual harassment covers a range of behaviours which constitute a verbal, visual or physical affront of a sexual nature to a person. The distinguishing characteristics of sexual harassment are that it is conduct with a sexual component which is unwelcome, unsolicited and unreciprocated. Sexual harassment includes, but is not limited to: unwelcome verbal comments of a sexual nature; unwanted and deliberate physical contact; gratuitous display of sexually explicit written or audio-visual materials; transmission or display of offensive email, screen savers or pornographic computer images; offensive gestures or actions of a sexual nature; persistent unwanted attention, following or stalking behaviour; subtle or explicit demands for, or offers of, sexual favours. Some forms of sexual conduct which are considered innocuous by some people may be considered offensive by others. It may, however, be difficult for the offended person to convey her or his displeasure, especially if the person giving offence is in a position of authority. In particular, the University has concerns where sexual harassment: implicitly or explicitly imposes a condition on student admission, grading or academic progress; implicitly or explicitly imposes a condition on staff recruitment, selection, appraisal or career progress; interferes with academic or work performance; creates an intimidating or offensive learning or working environment.

 

36.4.3 Responsibilities of Supervisors, Staff and Students

All staff and students have a responsibility to uphold the University's policy on sexual harassment. Supervisors have a particular responsibility to ensure their areas are free from sexual harassment. This includes: ensuring that staff and students are aware of appropriate and acceptable standards of behaviour; making known the University's policy, including the procedures for resolving complaints; taking early corrective action to deal with behaviour that may constitute sexual harassment; promoting awareness programs designed to prevent sexual harassment in the University.

 

36.4.4 Procedures for Resolving Complaints

The University has instituted a set of procedures which aim to ensure that: complaints of sexual harassment are considered seriously and sympathetically and are dealt with promptly and confidentially; the rights of both the complainant and the alleged harasser are respected. Where possible and appropriate, complaints should be resolved at a local level with a minimum of formal processes. A person who believes she or he has experienced sexual harassment should attempt to resolve the matter by stating an objection directly to the alleged harasser. If the person feels unable to do this, or if this approach does not result in the cessation of the behaviour, the person may choose to activate the University's internal procedure. There are three steps in the internal procedures: informal advice, mediation, and formal complaint. At any stage the complainant may take the matter to the WA Commissioner for Equal Opportunity, to a representative of their choice (excluding legal counsel), the police, or either party may seek legal remedy through the Courts. The complainant may withdraw the complaint at any stage.

 

36.4.5 Informal Advice

The University will appoint and train Equity and Diversity Officers to provide information and support to people who believe they have been sexually harassed. The Officer provides a point of first contact to discuss the issue in confidence. Equity and Diversity Officers will be appointed by the Vice-Chancellor from among: nominees of the Faculties, the Guild of Undergraduates and the Postgraduate Students Association; volunteers identified by the Vice-Chancellor after expressions of interest in serving have been invited. Equity and Diversity Officers will include both men and women. Nominations will be considered by a panel comprised of the Chair of the Equal Opportunity Advisory Committee, the Equity and Diversity Manager, the Registrar, and the Director Human Resources. Appointments will be for two years with the possibility of re-appointment. Equity and Diversity Officers will be informed in writing of their appointments, responsibilities and delegated authority to receive complaints of sexual harassment. The Manager, Equity and Diversity will co-ordinate the Equity and Diversity Officers. It is the role of the Equity and Diversity Officer to provide information, advice and support to staff members and students who believe they have experienced sexual harassment. The Equity and Diversity Officer will: assist the complainant in clarifying whether the offending behaviour constitutes sexual harassment; discuss ways in which the problem might be resolved by the complainant, without intervention by a third party; discuss the internal procedures for mediation and formal hearing of complaints and where necessary arrange access to a mediator; inform the complainant of their rights as well as the rights of the respondent; provide information about the option of making a complaint to the WA Commissioner for Equal Opportunity or a representative of their choice, which excludes representation by legal counsel; identify sources of referral and support where appropriate, including medical, police, counselling and other relevant support services; assist the complainant in clarifying their options for resolving the problem; listen with respect and empathy, and provide information and support to the complainant, whatever course is chosen. If the complainant wishes, the Equity and Diversity Officer, complainant, or both may consult the Manager, Equity and Diversity to obtain information, advice or clarification of issues. Discussions with an Equity and Diversity Officer will be confidential. No formal records, except minimal statistical information, will be kept. The identity of the alleged harasser need not be revealed at this stage. If the matter can be resolved to the satisfaction of the complainant at this stage, it will be terminated. The Equity and Diversity Officer will arrange to follow the matter up with the complainant after a suitable period of time to determine whether it has been settled.

 

36.4.6 Mediation

If the matter remains unresolved after discussion with an Equity and Diversity Officer, the complainant may, either through the Equity and Diversity Officer, the Manager, Equity and Diversity or directly, request intervention by a Mediator. Senior members of University staff will be appointed by the Vice-Chancellor as Mediators. They will include senior members of both the Academic Staff and the General Staff. At least one of them will be a woman and at least one will be a man. In some cases mediation may be undertaken by the Manager, Equity and Diversity in conjunction with the Head of School or Dean. Where a Head of School or Dean is the first point of contact by the complainant concerning the alleged harassment, the relevant head should contact the Manager, Equity and Diversity at an early stage for advice. The role of the Mediator is to assist in the informal resolution of the complaint through discussion with the person against whom allegations have been made. In some cases simply informing a person that his or her behaviour is giving offence will be sufficient to resolve the problem. After receiving full details of the complaint, the Mediator will: inform the alleged harasser about the nature of the complaint and invite a response; provide details of the University's policies and procedures concerning sexual harassment and equal opportunity; discuss the internal procedures for mediation and for formal hearing of complaints; inform the alleged harasser of their rights as well as the rights of the complainant; act with impartiality, considering the rights of all parties to the complaint; provide details of any University Statutes, Regulations and Industrial Agreements which may be relevant; explain the University's legal responsibilities and the rights of the complainant to approach the WA Commissioner for Equal Opportunity; attempt to achieve a satisfactory resolution to the complaint. If a satisfactory resolution is not achieved, the Mediator may attempt to bring the two parties together. This will be done only if both are willing to participate. At this stage by mutual agreement of the parties, the Mediator may be changed. The Mediator will attempt to achieve a resolution satisfactory to both parties. The purpose of mediation is to ensure that any offensive behaviour does not recur; that there will be no reprisals against the complainant; and that if the allegations are shown to be unfounded, they are withdrawn. The review date will be set by the Mediator to follow up the outcome of the mediation process.

 

36.4.7 Formal Complaint

When the process of mediation is not agreed to by the parties, or if it fails to resolve the matter, the complainant may make a formal complaint in writing to the Vice-Chancellor, through the Manager Equity and Diversity, or directly. Where the Vice-Chancellor is of the opinion that the formal complaint may be resolved through mediation and where mediation has not been considered, the complaint may be referred to mediation. If mediation is not agreed to by the parties or does not does not resolve the matter, the formal complaint will be dealt with as set out below. On receiving a formal complaint, the Vice-Chancellor, after consultation with the Senior Deputy Vice-Chancellor, and other relevant managers, such as the Manager Equity and Diversity, the Director Human Resources and the Mediator, will either: refer the matter to a Review Panel in accordance with 6.4.8 of this policy; or determine that the matter is more appropriately dealt with in accordance with the relevant staff industrial agreements or University statutes concerning student misconduct. Where a complaint is referred to the University’s disciplinary processes under Section 6.4.7(2) of this policy, any Misconduct Investigation Committee or student Board of Discipline convened should where possible include at least one member with a knowledge and understanding of sexual harassment issues.

 

36.4.8 Review Panel

The composition and proceedings of the Review Panel are as follows. The Review Panel will be appointed by the Vice-Chancellor and will consist of three members – the Chair of the Equal Opportunity Advisory Committee or nominee, one person from the group of Equity and Diversity Officers and Mediators who has not already been involved, and a member of the Senate who is not a staff member or a student of the University. Where either one of the parties to the complaint is a student, the Panel will also include a nominee of the Guild of Undergraduates. The Panel will include at least one woman and at least one man. The Senate member will chair the Panel. All enquiries will be conducted in camera and while parties shall not be represented by legal counsel, each may be assisted, or represented, by a representative of their choice, a friend or an associate. The Review Panel will report to the Vice-Chancellor and provide recommendations for action, consistent with University Statutes and Regulations, and terms and conditions of employment.

 

36.4.9 Confidentiality

At all stages the utmost care will be taken to ensure confidentiality. Complainants and respondents will be advised at all stages of the internal procedure to maintain confidentiality and to discuss the complaint only with those who have an official responsibility for dealing with it. Equity and Diversity Officers, Mediators and Review Panels will be required to preserve anonymity wherever possible and, as far as practicable, to seek advice from others without divulging the identity of the respondent or complainant. As part of the mediation process, limited information (preferably non-identifying) may need to be given to a third party for the purpose of working out a resolution, for example a head of schoolor sub-dean. This may be done with the agreement of the complainant and respondent as part of the mediation process. Such limited information should only be provided on a strictly ‘need to know’ basis to those who have a genuine and official role in dealing with and resolving the matter. The person who is provided with such information is required to preserve confidentiality. Information may also be disclosed where: there is an imminent physical threat of danger to a person; or the University has reporting obligations under State or Commonwealth legislation, such as the Freedom of Information Act or in relation to official corruption. In circumstances where a complainant informs a staff member named in these procedures of a serious matter but requests that nothing be done about it, the University may need to act to protect staff and students. Preventative action may be taken in response to the problem while seeking to maintain confidentiality of the individual. This might include: providing training to staff and students on the issue reminding and reinforcing policy and procedures taking action under this policy, including disclosure of necessary details, where there is a threat of physical harm or danger to a person or where the University’s duty of care to staff or students may be compromised if no action is taken. Equity and Diversity Officers and Mediators may seek advice from the Manager Equity and Diversity in regard to issues of confidentiality. Records of proceedings of formal cases will be kept on confidential files established by Central Records for seven years and then disposed of in accordance with approved disposal schedules.

 

36.4.10 Conflict of Interest

All staff involved in the informal or formal resolution of complaints of sexual harassment will ensure that they have no conflict of interest or bias in relation to any party to the complaint and that there is no perception by the parties that they have a conflict of interest or bias. Staff who have concerns about perceptions of possible conflict of interest or partiality should exclude themselves from the process, refer on to another Equity and Diversity Officer or Mediator if appropriate, or seek advice from the Manager Equity and Diversity.

 

36.4.11 Victimisation

Complaints of victimisation will be treated seriously. Victimisation of complainants is unlawful. Victimisation includes any unfavourable treatment of a person who has been involved with a sexual harassment complaint. Unfavourable treatment could include adverse changes in the working environment, denial of training or promotion, making negative, unfounded or belittling comments, lower assessment of student work or exclusion by peers. Complaints of victimisation related to a sexual harassment complaint will be dealt with in the same manner as complaints of sexual harassment and may result in disciplinary action.

 

36.4.12 Vexatious Complaints

If the complaint is found to be vexatious, action against the complainant may be taken under the University’s disciplinary procedures.

 

36.4.13 Information, Education and Training

All Equity and Diversity Officers and Mediators will complete a training programme aimed at increasing their awareness of issues involved in sexual harassment, enhancing their skills in communication, conflict resolution and mediation, and informing them of such legal issues as defamation. The names, locations, telephone and email contact details of Equity and Diversity Officers and Mediators will be widely publicised. Information on the University's policy and procedures concerning sexual harassment will be distributed to: new staff at induction and orientation; participants in relevant training courses; all Heads of School for circulation annually; the Guild of Undergraduates and Postgraduate Students' Association for insertion in relevant publications; Human Resources for inclusion in the Policies and Procedures and relevant publications; relevant University web pages.

 

36.4.14 Review

The Equal Opportunity Advisory Committee will review this statement of policy and procedures on an annual basis, or as required. Senate Resolution 269 – 18 December 2000

 

 

36.5 The Use of Non-Discriminatory Language

36.5.1 Introduction

The Equal Opportunity Advisory Committee has produced these revised guidelines on The Use of Non-Discriminatory Language because it believes that the University's commitment to equal opportunity should be evident in all official University publications and communications. The Senate has affirmed support for the principle of non-discriminatory language. This is a brief guide for members of the University to the use of language that avoids expressions offensive to some groups in society and to assist in complying with equal opportunity legislation.

 

36.5.2 How To Use Non-Discriminatory Language

Titles of Address, Rank, Occupation, Status Use a first name, a neutral title or nothing. Where titles are appropriate, use parallel titles: Instead of Use Miss or Mrs Ms to parallel Mr (except where the woman prefers Miss or Mrs) Contact Professor Brown or his secretary Mary Smith, secretary Contact Professor Brown or Ms (Miss or Mrs) Mary Smith, secretary When listing names, use alphabetical order except where order by seniority is more important. Patronising and Demeaning Expressions Avoid terms or expressions that are patronising and demeaning and sex type generalisations. Personal Pronouns Use he, his, him, himself only when referring specifically to a male person. The use of he and she, she and he, she/he, s/he to refer to either female or male persons can be cumbersome. The following are acceptable alternatives: Rewrite the sentence in the plural. Instead of Use The lecturer will display his timetable on his door Lecturers will display their timetable on their office doors Each student is responsible for material on loan to him Students are responsible for material they borrow Rewrite the sentence in the passive. Instead of Use He must return it by the due date. It must be returned by the due date. Rewrite avoiding his or her after each, someone, anyone, nobody. Instead of Use Anyone who wants his work evaluated. Anyone wanting work evaluated. However, a more acceptable form would be: Those who want their work evaluated... It is not acceptable to present material with the disclaimer that all masculine nouns and pronouns are to be taken as referring to both females and males. Sex Role Stereotyping Avoid sexist assumptions and comments. Instead of Use Women and other minority groups Women Minority groups We are looking for an administrator who is his own man We are looking for a competent administrator The student mother of three won an award The student won an award Students include mature age housewives Students include mature age women Gender Descriptions Avoid irrelevant, gratuitous gender descriptions. Instead of Use A woman doctor A doctor A lady editor An editor A male nurse A nurse

 

36.5.3 Occupational Descriptions

When referring to a position, a quality or an action that might apply to either sex, use a sex neutral term. Also, avoid the use of man or of composite words involving the syllable – man, which imply the term is exclusively male. Instead of Use the average man the average person/ordinary people/people in general businessman executive/business executive clergyman members of the clergy chairman chair the common man the average person/ordinary people/people in general craftsman artisan/craftsperson draughtsman draughter foreman supervisor founding fathers founders/ancestors/forebears headmaster, headmistress principal/head man of letters person man of science scientist/biologist/chemist (to) man staff/operate/use/direct/work/attend man hours hours/working hours mankind beings/humankind/civilisation/people/human race manpower workforce/personnel/staff/workers one-man (operation) run by one person spokesman for or on behalf of/spokesperson tradesman tradesperson workman worker workmanship quality of work/work skill The use of gender-marked terms perpetuates and reinforces the outdated attitude that women are to be considered first as female and second as persons of skill and talent. Instead of Use proprietress proprietor sculptress sculptor authoress author Word Order Vary the order of listing pairs of nouns and pronouns when the customary way of presenting the pair reflects stereotyped views of status. Instead of Use men and women women and men boys and girls girls and boys Language Use for Minority Groups Avoid racist language. Terms describing nationality, or an ethnic or other minority groups are frequently controversial, but some terms are more acceptable than others. Terms acceptable to people involved, however, may vary over time, and the careful speaker or author must become sensitive to what groups described prefer. For example, the term 'Aboriginal people' is preferred. When referring to someone with a disability, the general rule is 'put people first', eg. a person with a vision impairment. When referring to facilities and services terms like 'disability parking' can be used. Avoid using irrelevant, gratuitous ethnic descriptions. Instead of Use A Chinese Professor a Professor an Aboriginal youth a youth

 

36.5.4 Teaching and Promotional Material

Demonstrate the relevance of teaching material to all students by depicting the experience and interests of both women and men. Relate examples and illustrations to a broad range of life experiences inclusive of gender and cultural diversity, not just a narrow range of experiences and interests. Ensure promotion material – brochures, videos, prospectuses, etc. – feature both women and men and where appropriate reflect the cultural diversity of the University and the broader community. Avoid the use of cartoons and illustrations that present stereotyped views of women and men. Students should use this Guide in the preparation of assignments to ensure they are free from bias.

 

36.5.5 Further Information

Further information on Non-Discriminatory Language can be obtained by contacting the Equity and Diversity Office on telephone 6488 3791/2252 or email bhill@admin.uwa.edu.au.

 

 

36.6 Gender Balance on Committees

36.6.1 Appropriate Gender Balance

The University of Western Australia is committed to ensuring an appropriate gender balance on its committees. This commitment arises from a range of resolutions passed over recent years. Academic Board Resolution 28/90 to request Academic Board committees to make recommendations to the Board on strategies for increasing the proportion of women in their membership at least to a level which reflects the percentage of women in the relevant section of the University staff; to transmit to the Senate the papers which were before the Board dealing with the participation of women on the University committees and to draw the Senate's and Heads of Divisions' attention to the action proposed in (i) above, with the recommendation that they take similar action with respect to their own committees. Senate Resolution 19/91 that with respect to its own committees, the Senate develop strategies for ensuring that the proportion of Senate staff in their membership is increased, at least to a level which reflects the percentage of women in the relevant section of the University staff. 22 April 1991 Senate meeting addition (Resolution 19) ...and that Heads of Division be asked to do the same in respect of their own Divisional committees. Academic Council Resolution 215/92 that in future elections for Board representatives to University committees the electorate's attention be particularly drawn to the University's policies on the representation of women on University Boards and Committees; that the Nominating Committee be particularly instructed to consider gender balance on University Boards and Committees when undertaking its work in future years.

 

36.6.2 Improving Existing Gender Balance

In improving the existing gender balance on committees, faculties and schools may wish to consider the following methods (among others): Membership of committees to be open to limited term and fractional full-time staff. In requests for nomination to committees and other advisory and decision-making bodies, there should be a statement such as, "nominating bodies are asked to note the University's interest in increasing the proportion of women in its decision-making bodies. You are accordingly requested to consider nominating women as well as men". Information should be available on the University committee structure, describing the aims, responsibilities and composition of each committee, the qualifications and experience required for membership, and including a statement encouraging expressions of interest from women. Co-option of women members – if a committee does not include any women, it should be required to co-opt at least one woman member. Broadening levels of appointment – women's participation on committees has in the past mainly been drawn only from a small pool of women at the senior level. Research indicators show that this is going to change slowly rather than quickly. To include more women will require a loosening of this 'seniority requirement'. All levels of academic and general staff can make a significant contribution to the University. Committees should review their membership criteria and consider whether in all cases ex-officio members are warranted, or whether membership could be broadened, thus making it more accessible to women. An alternative would be to include the provision for 'or nominee' more frequently, thus opening the way for ex-officio members to nominate women to represent them on committees.

 

36.6.3 Informal Strategies

Training for women on effective participation in committees, and observer status for women staff in committee meetings. The issue of the Equal Opportunity and Affirmative Action Statement to all new committee members, emphasizing the importance of Equal Opportunity and Affirmative Action in their committee work. Committee meetings to be held at times which will not disadvantage people with family responsibilities.

 

36.6.4 Annual Reassessment

It is suggested that the policies of faculties and schools be re-assessed annually, and the strategies amended as appropriate.

 

 

36.7 UWA Staff With Disabilities

Policy The University is committed to equal opportunity in recruiting and maintaining employment for people with disabilities. The UWA Disability Policy (1997) further outlines the University’s obligations under the Equal Opportunity Act 1984, Disabilities Discrimination Act 1992 and Disabilities Services Act 1992. The UWA Disability Policy (1997) states: ‘The University will ensure a policy of equal opportunity in employment and supports the right of people with a disability to have fair and equitable access to employment opportunities and benefits. The University promotes equitable employment practices which aim to ensure that the best person is employed for the job in a climate that is free from unfair discrimination.’ The following procedures are provided to maintain equitable work practices and to remove any discriminatory barriers facing people with disabilities at UWA. They cover all types of disabilities, including physical disabilities, emotional disabilities, and chronic health conditions, as set out under the UWA Disabilities Policy and the Disability Discrimination ACT (1992). These procedures refer to the areas of recruitment and selection, workplace support, career development and grievances. It is the responsibility of School supervisors and managers to be aware of the legislation and policies relating to employment and people with disabilities. Issues arising in this area should be dealt with by the relevant School supervisor or manager, using the following guidelines and assistance available through Human Resources.

36.7.1 Procedures

Recruitment "The University will provide equitable recruitment and selection procedures to ensure that people with disabilities compete on a fair basis with other applicants." UWA Disabilities Policy (1997) All staff have a responsibility to ensure that people with disabilities have equitable access to employment. Chairs of selection panels have particular responsibilities, these include: All job descriptions should be examined to remove any requirements which are not essential or desirable to job performance. Members of selection panels should receive training and/or information on awareness of relevant disability issues relating to job selection and application processes Application and selection procedures are to accommodate special needs relating to an applicant’s disabilities. Where required, information about the range of facilities available to assist people with disabilities in the workplace can be sought from the UWA Disabilities Officers. To support the University’s commitment to equity in employment, a Workforce Diversity Plan has been developed. The Plan seeks to contribute to the attainment of excellence through encouraging workforce diversity. It contains a range of strategies and options which aim to increase the participation of people with disabilities in employment. Schools wishing to accept these employment options should contact the UWA Diversity Officers. The UWA Disability Action Plan also provides a range of objectives and strategies aimed at enhancing equity and access for staff and students with disabilities in all areas of University life.

 

36.7.2 Workplace Support And Modifications

‘Where modifications to the workplace are required, support will be provided wherever possible to enable staff members with a disability to carry out their duties’. UWA Disability Policy (1997). The purpose of the following procedures is to provide a framework to address issues associated with employment of current or prospective UWA staff who have non-work related disability, injury or illness that may impact on their ability to perform the full range of duties associated with their job. The aim is for an equitable, prompt response, which fully draws on the expertise available both within and outside the University to assist the member of staff and the work area. Generally, the relevant supervisor should first be made aware of the situation, so that appropriate steps are taken to assist the employee. An employee or supervisor may contact the Manager, Equity and Diversity or an Equity and Diversity Adviser, to advise of a situation where assistance is required. The Manager, Equity and Diversity or Equity and Diversity Adviser will arrange a meeting with the employee and/or supervisor concerned, to identify issues and discuss options. In consultation with the employee, the most suitable approach to providing support and assistance will be discussed. This may involve seeking further information and liaising with specialist staff and agencies as required, including: Specialist disability organisations UWA Disabilities Officers UWA Occupational Therapist UWA Human Resources Officers, eg Senior Employee Relations Officers, Superannuation Officer etc Treating GP/Specialist, (only with written permission and where essential for dealing with the matter) Comprehensive information will be sought so that all reasonable steps can be taken to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, modifying working time arrangements and work organisation in consultation with the supervisor and other employees in the area. The priority will be to maintain the employee in their current position and work area where possible. An on-site work assessment by an Occupational Therapist may be undertaken to clearly define any areas of difficulty and identify recommendations to assist in maintaining the employee at work, including provision of equipment and any workplace modifications. Work options may include: Normal duties on a full or part time basis. Modified duties (full or part time). Modified work processes (eg alternative ways of accomplishing tasks or objectives; or exchanging some duties between a person with a disability and other staff). Duties assisting others. Different duties in the same or different area. Consultation with Classifications is required in circumstances where significant changes are made to the duties to be undertaken, as this may effect the employee’s contract of employment. If an employee is unable to perform the inherent requirements of their position, and wish to pursue an alternative position within the University, assistance may be provided. The Human Resource Adviser, HR Services can provide information on all internal and external vacancies within the University. In liaison with the Occupational Therapist, suitable vacancies may be identified. Where a suitable position arises, a work trial period may be negotiated with the relevant work area, prior to advertisement. Any training or workplace modifications required will also be considered for placements. If the worktrial is deemed to be successful, negotiations may occur for the transfer of the employee to the new position. At any stage of the process, if the employee is a UniSuper Defined Benefit Plan/Investment Choice Plan member and wishes to cease work completely due to incapacity, an application for the UniSuper Defined Benefit Plan/Investment Choice Plan Temporary Incapacity Benefits may be made via the Superannuation Officer. (Note that a qualifying period applies before benefits may commence). Cessation of employment can only be considered in circumstances where it can be clearly demonstrated that all avenues have been exhausted and the person is unable to perform the inherent requirements of the job. In any such circumstances the involvement of the Director, Human Resources and the Manager Equity and Diversity is required. It should be noted that it is unlawful to discriminate in employment on the ground of a person’s disability.

 

36.7.3 Career Development and Promotion

‘The University is supportive of people with disabilities seeking opportunities for career development and promotion within the University structure’. UWA Disability Policy (1997). Enquiries about support for career development and promotion should be directed to the Centre for Staff Development or UWA Equity and Diversity Manager for further information.

 

36.7.4 Funding of Support Services and Workplace Modifications

Wherever possible, external sources of funding for specialist equipment and workplace modifications will be explored. The School/Faculty is responsible for basic equipment and training provision afforded to any staff member, eg suitable work space, desk, chair and computer induction programs etc. In addition, wherever possible, funding available by the relevant Faculty/School for any workplace modifications and support will also be explored. Generally, the school where the employee is employed is responsible for funding the salary of the staff member, including any work trial placements in other schools. This however will be negotiated in each case depending on the circumstances. If the employee successfully obtains a paid position in another school, this obligation then ceases. Under the UWA General Staff Agreement, Employees Eligible for Supported Salary may be applicable to employees who have been assessed on their productive capacity and are paid the applicable percentage of the minimum rate of pay. Where external and School/Faculty sources of funding are not secured, application may be made through the Director, Human Resources to the Senior Deputy Vice-Chancellor seeking funding support. Such proposals may include funding for specific equipment, salary assistance, training or services required by the staff member in order to carry out their work effectively. This funding is limited and each case will be assessed individually.

 

36.7.5 Confidentiality

The process is confidential and all records relating to the staff member will only be made available to authorised persons.

 

36.7.6 Grievances

Any complaints of discrimination and harassment are dealt with under the University’s Policy and Procedures for Dealing with Equity Enquiries and Grievances. Initial enquiries about disability discrimination or harassment should be made to one of the UWA Equity and Diversity Advisers. All approaches to an Equity and Diversity Adviser will be treated in confidence. The University’s Employee Assistance Program is available to all employees for counselling support and advice.

 

36.7.7 Contacts

All queries should be directed to the Equity and Diversity Office on 6488 3873 or 6488 2252. Endorsed by: UWA Disability Committee Equal Opportunity Advisory Committee: 16 November 2000 Senate Resolution 270 – 18 December 2000

 

 

36.8 Racial Harassment

36.8.1 Racial Harassment

Racial Harassment is any verbal, physical or written act which is based on a person's race, ethnic background, nationality, language or cultural background, and is unwanted, unacceptable and offensive to the person.

 

36.8.2 Examples

Examples of racial harassment include: Physical: Intimidating gestures, physical violence or assault because of a person's race or ethnicity, or threats of the above. Verbal: Derogatory remarks about a person's skin colour or appearance; unwelcome remarks about a person's culture observances; racist jokes and 'needling'. Non-Verbal: Racist graffitis; defacing notices or posters; negative stereotyping of particular ethnic groups; written threats of a racial nature.

 

36.8.3 Racial harassment in employment and education unlawful

The Western Australian Equal Opportunity Act makes racial harassment in employment and education unlawful and provides for the Commissioner for Equal Opportunity to resolve complains through conciliation. It is also unlawful to racially harass a person because of the race, ethnic background, language or culture background of a relative of that person.

 

36.8.4 Committed

The University of Western Australia is committed to maintaining a work and study environment which is free from racial harassment. Racial Harassment conflicts with the University's Equal Opportunity Policy and with the rights of staff and students to receive fair treatment.

 

36.8.5 Adopted the following EOPolicy Statement

The University has adopted the following Equal Opportunity Policy Statement: The University of Western Australia is committed to a policy of equal opportunity in employment and education. The University accepts that it has a responsibility to create an environment free from discrimination, and to ensure that the principle of merit operates unhindered by regard to irrelevant criteria. To this end the University will act to ensure that its structures are free from direct or indirect discrimination on the grounds of sex, marital status or pregnancy, race, age, sexual preference, religious or political beliefs, impairment, family responsibility or family status (Senate, October 1993)

 

36.8.6 Responsible for Maintaining

All members of the University community, both staff and students are responsible for maintaining non-discriminatory and tolerant behaviour, so that the campus provides a welcoming atmosphere for all members and visitors.

 

36.8.7 Everyone can contribute

Everyone can contribute to eradicating racial harassment. Depending on the circumstances you can: Speak up. Make it clear that you find such behaviour unacceptable. Offer support to people who are being harassed. Promote mutual respect between individuals, whether members of staff or students. Encourage work and study environment in which cultural diversity is valued. Openly support the University's policies on racial harassment and equal opportunity. If you are a supervisor, circulate information to staff and encourage attendance at cross-cultural training programmes.

 

36.8.8 Resources and Programmes

A variety of resources and programmes of support are available within the University. Cross Cultural Awareness Training. The Centre for Staff Development provides training courses on Cross Cultural Awareness. If you wish to participate, contact 380 1504. English Language Support. The Centre for English as a Second Language offers courses and language support programmes for non-English speaking background staff and students. Contact 380 3539. Overseas Student Services. The International Centre provides services and advice for overseas students who are studying at the University. The International Student Advisory can be contacted on 380 2428. The Centre for Aboriginal Programmes. The Centre offers a wide range of programmes, facilities and services to assist Aboriginal and Torres Strait Island students. Contact 380 3428.

 

36.8.9 Procedures to Assist

The University has established procedures to assist any staff member or student who may have experienced racial harassment. No action will be taken unless requested by the complainant and at all stages confidentiality will be preserved. Any one concerned about racial harassment should approach an Equity and Diversity Adviser, located within each faculty, central administration and the Guild. Equity and Diversity Advisers will provide assistance and support as well as information on the University's policy, relevant legislation and options available to deal with the problem. Further information is also available by contacting the Equal Opportunity Commission, your Union, the Guild of Undergraduates and the Postgraduate Students Association.

 

 

36.9 Children in the Workplace

The University recognises that provision for staff and students with family responsibilities is a fundamental prerequisite for achieving equality of educational and employment opportunity.

36.9.1 Introduction

The University is committed to promoting a culture which is supportive of the needs and career aspirations of staff and students with family responsibilities. Family responsibilities are not confined to the private sphere, but impinge on all aspects of an individuals life, including employment and education. As an equal opportunity employer the University has an interest in supporting its members to balance the various demands they face as staff and students, and as people with family responsibilities. The W.A. Equal Opportunity Act 1984 makes it unlawful to discriminate against a person on the grounds of family responsibilities or family status. This applies to the areas of employment and education and covers both direct and indirect discrimination. The University is committed to promoting equity for all staff and students and to ensuring that individuals are not disadvantaged in their academic and career aspirations by family responsibilities. This policy is part of the University's commitment to equity, as reflected in its Equal Opportunity and Affirmative Action Policy. Other complementary policies and practices currently include provision of workplace childcare, vacation and after school care, paid maternity leave, parental leave, use of leave to care for unwell dependants, and part time and fractional appointments. Further information regarding childcare services can be obtained by contacting the Childcare Officer.

 

36.9.2 Policy

 

36.9.3 Responsibilities of Heads of School, Supervisors, Lecturers or Tutors.

Requests to bring children to the workplace should be directed in the case of staff, to their head of School, and in the case of students, to the staff member most immediately affected. Staff may wish to consult with their Head of School when considering requests. Requests by staff and students to bring children to the workplace, classroom, lecture theatre or to a field trip or other University activity should be given careful consideration. Requests shall be treated with flexibility and sensitivity, and no reasonable request refused. Factors when considering permission to bring children on campus may include the age of the child, the length of time involved, the frequency of attendance, the environment, health and safety issues, and the degree of possible interference with other staff and students. Children with infectious diseases must not be brought onto campus. Provision for sick children should normally be made within the context of various forms of leave available to staff and which include: leave relating to absence on account of illness, injury or caring, annual leave, short leave, unpaid leave etc. Permission may be withdrawn should any children be disruptive to the workplace, or to other students in the classroom or study area.

 

36.9.4 Responsibilities of Parents

Requests should be made (preferably in advance) to the relevant Head of School, supervisor, lecturer or tutor, except in the case of a short visit. The principle of "reasonableness" will apply to both those requesting and those granting permission. Parents should be sensitive to the needs of colleagues and students and should not expect others to care for their children. When bringing children into the University the needs of other staff and students to work and study should be respected. Parents must be aware that the ultimate responsibility for the safety of their children rests with them. In addition there are some areas which are intrinsically hazard