Know Your Rights: Education Quarterly, Issue 8 2023
Teachers undertaking private and secondary employment have a responsibility to ensure that their private and secondary employment is appropriately managed.
Section 92B of the Teaching Service Act 1980 states:
92B Officers and temporary employees (are) not to undertake other paid work without permission:
- An officer or temporary employee is not to undertake any other paid work without the permission of the Director-General.
- The Director-General may prepare guidelines with respect to the type of work that constitutes paid work for the purposes of this section.
- Any such guidelines must be made available to officers and temporary employees in such manner as the Director- General thinks appropriate.
- This section does not apply to a temporary employee employed on a casual basis.
Private employment refers to any employment outside of the Department. It includes:
- employment by any outside entity
- self-employment
- accepting or holding office, with any state or territory government, the Australian or any local government
- participating as a member of an examining authority or undertaking private contract marking where fees are paid to such examiners (except for HSC marking)
- engaging in paid tutoring outside normal duties
- writing or editing books and other published documents where the work is related to the teacher’s duties or contains specialist knowledge or information obtained in the course of such duties.
Private employment includes selling education and other content and materials through online platforms such as Teachers Pay Teachers or online businesses. Teachers who wish to undertake private employment while on full or part-time leave without pay, maternity leave, extended leave and the deferred salary leave year, are still required to obtain written approval from their manager. Teachers on leave without pay are not permitted to teach in an independent or private school.
Teachers travelling overseas or interstate, who wish to work, will also be expected to apply for written approval to engage in private employment during this time.
Secondary employment means any work or position within the Department in addition to an employee’s full-time employment in the Department. Unpaid or voluntary work is generally not regarded as secondary employment; however, real or perceived conflicts of interest may still arise, in which case the employee should refer to the Code of Conduct.
Teachers approved for private or secondary employment should not use their position to promote their private business interests. Guidance on conflicts of interest is located in the Code of Conduct. Teachers approved for private or secondary employment should ensure any professional or ethical decisions are guided by the Department’s Values in NSW Public Schools. Teachers should submit their application to their principal each year.