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Policy for the Engagement of College Members in Paid Work for the College Print E-mail
POLICY

Policy for the Engagement of College Members in Paid Work for the College
Approval Date: October 2008
Reviewed: March 2015
Next Review Date: March 2018
Review By: Finance and Audit Committee


1. Background

RACMA is a member-owned professional organisation and is committed to managing its resources wisely and transparently.

From time to time RACMA needs to utilise the expertise of its Fellows, Associate Fellows and/or Candidates (Members), or is invited/requested by other organisations to participate in projects that require consultant assistance.

RACMA has benefited from the dedication and commitment shown by many

Members who have given their time and expertise freely to RACMA activities.  It is expected that this honorary contribution will remain the predominant form of involvement by Members in RACMA activities.

There are some tasks or projects, however, which require a specific commitment which justifies remuneration.  When this is the case, it is important the RACMA applies appropriate processes to the selection and management of consultants.

2. Purpose

The purpose of this policy is to ensure:
  • The Royal Australasian College of Medical Administrators (RACMA) adopts appropriate processes for the engagement of its members to assist with or participate in projects of a commercial nature with or on behalf of RACMA;

  • there is a measurable benefit to RACMA from engagement in consultancies and projects

  • in particular that RACMA:

  • utilises appropriate criteria (quality standards , remuneration, governance/contractual, branding,  intellectual property) when determining whether remuneration by College members is required;

  • ensures fair opportunity for College members with relevant expertise to participate in appropriate opportunities;

  • is able to demonstrate that RACMA funds have been used efficiently;

  • ensures that conflicts of interest are identified and managed;

  • ensures appropriate risk management strategies; and

  • complies with expectations of transparency.


3. Scope

This policy applies to all members of the RACMA Board, and all College members who seek remunerated appointment to RACMA activities. This policy does not relate to the engagement of external contractors.

This policy will apply to all College members engaged to support programs delivered through the Learning and Teaching Institute (LTI).

4. Policy

Principles for engaging and remunerating College members

The following principles of engagement apply:

RACMA may consider engaging and remunerating College members when a task or project requires, or may benefit from, a contribution by a person with relevant expertise, and:
  • RACMA is unable to identify appropriate College members to fulfil the requirements of the task or project on a voluntary basis;

  • the task or project requires a contribution which exceeds that which normally could be expected to be offered on an a voluntary basis;

  • the task or project may create significant commercial, reputational or legal risks for the appointee and or RACMA;

  • the College member is required to work with an external consultant to deliver the project; and/or

  • the task or project is for a period of time i.e. it is not a single event, and requires entry into a contract for service

College members will be engaged to work as College representatives and will work under the College brand/trade mark. They will not represent themselves as private consultants.

RACMA will derive value from the consultancy or project. Value to RACMA will be measured in terms of:
  • College members having the opportunity to  derive professional development;

  • Strengthening the College reputation and brand.

  • Net financial return from the proposed consultancy or project
Any proposal to appoint a College members to a specific consultancy or project  shall be submitted to the Board for consideration.

Any College member engaged by RACMA will be remunerated by the College at a  daily rate approved by the Finance and Audit Committee and will include  20% to  be paid to the College in recognition of the value of the RACMA brand, RACMA administrative support, insurances and risk cover.

The performance of any College member so engaged will be evaluated according to a set of appropriate key performance indicators.

The Chief Executive will report quarterly to the Board on the engagement of College members in RACMA activity.

The above principles of engagement also apply to engaging a RACMA Board Directors and Officers of the Company, provided always that potential conflicts of interest are clearly advised and considered by the RACMA Board before approval is granted. Remuneration for Company Directors is subject to the RACMA Constitution and corporations’ law. Such engagement and all remuneration will be required to be declared annually to the RACMA AGM.

Payment to RACMA members for services rendered.

When a member of the College is engaged to provide services to the College for which payment is to be made, the following payment options will apply:

1. If the member has an ABN and is registered for GST:

    The College member will invoice the College for the agreed fee plus GST (in Australian dollars) quoting a business name and ABN.

2. If the member has an ABN and is NOT registered for GST:

   The College member will invoice the College for the agreed fee WITHOUT GST quoting a business name and ABN.

3. If the College member is not a registered business (no ABN), the member will have to sign a Tax Declaration Form (once off) and will submit a confirmation of
    the work performed for the agreed fee (an email will suffice). The College will remunerate the payee less the top marginal rate of tax. It will be the College
    member’s responsibility to declare this income at the appropriate time. The College will provide the College member with a PAYE statement at the end of the
    financial year.

An example of where these payment arrangements will apply:
  • Management for Clinicians workshops

  • Consulting projects

  • Contracted short term project/employment arrangements

  • Learning and Teaching Institute programs


Authority to Tender, Negotiate, Enter into Contracts and appoint Members

These authorities rest with the Board and not with Jurisdictional Committees, individual Directors and Officers. Decisions to tender, negotiate, enter into contracts with external parties and appoint College members to projects shall be made by the Board or delegated by the Board to the Chief Executive in accordance with RACMA's instrument of delegation.

Jurisdictional Committees are not legal entities and as such are not authorised to tender for or enter into any contracts, engage consultants or make appointments on behalf of RACMA. This applies to the engagement of Members for consultancies and external contractors.

In all circumstances, appointments shall be based on merit and made without favour or prejudice.

Appointment to ongoing positions

If an appointment of a College member is to an ongoing position (i.e. to make a regular contribution to RACMA for a period in excess of 6 months), this will be as an employee, unless otherwise  determined and approved by the Board.  The opportunity, including clear criteria for appointment and full information about position requirements and remuneration, shall be advertised widely through RACMA's usual communication mechanisms.

All appointments shall be for a period not exceeding three years.

Expert Panels and appointment to undertake specific consultancies or projects

The Chief Executive is authorised to establish expert panels of consultants in the areas of education, policy and organisational structure, quality and safety, governance, and informatics  and information technology, health services evaluation research.  Other areas will be approved from time to time by the Board.

Individual consultants will be selected from these Expert Panels for consultancies and projects.

For contracts of engagement over $20,000 in value, the Chief Executive shall establish a selection committee of at least two Fellows with appropriate expertise to assist in the selection of College members for engagement.  This requirement may be waived by the Board  if an appointment is urgent, in which case the Board shall nominate one of its members to assist the Chief Executive.

Opportunities to be appointed to an expert  panel, including clear criteria for appointment and full information about position requirements and remuneration, shall be advertised widely through RACMA's usual communication mechanisms.

Appointment to an expert panel shall be for a maximum period of three years following which, if it is determined by the Board with advice from the Chief Executive that the panel shall continue, the opportunity for appointment shall be re-advertised.

If an appointment to a specific contract is approved by the Board the Chief Executive may invite College members from the relevant expert panel with the appropriate expertise and experience to submit a proposal for an approved contract of engagement.  The following procedures shall apply:
  • the Chief Executive shall establish criteria by which submissions will be evaluated, and communicate them to the College members who are invited to submit;

  • if the expected cost of the consultancy is less than $20,000 (excluding GST), at least two proposals shall be sought;

  • if the expected cost of the consultancy is between $20,000 and $100,000 (excluding GST), at least three  proposals shall be sought;

  • if the expected cost of the consultancy is greater than $100,000 (excluding GST), the opportunity will be advertised widely with clear criteria for appointment and full information about position requirements and remuneration, through normal RACMA communication mechanisms;

  • no reappointments or extensions are permitted without the explicit approval of the Board; and

  • if additional services outside the initial scope of the consultancy are required and it is feasible to do so, the opportunity for appointment to undertake the consultancy shall be re-advertised either within the appropriate panel or more broadly, depending on the anticipated cost;

  • if a suitable consultant is not available, or at any time at the discretion of the Board or the Chief Executive, proposals for consultancies may be sought by open advertisement within or external to RACMA.

College members who engage in paid work for the RACMA will be required to enter into a service agreement with the RACMA Board.

Inclusion of all costs in consultancy proposals

College members who apply to be RACMA consultants shall be required to include all costs associated with the position, task or project for which they make submission.

In exceptional circumstances the Chief Executive may approve acceptance of consultant out-of-pocket expenses for payment as a disbursement rather than as a component of the contracted fee on the condition that:
  • an appropriate budgetary component for disbursements is identified; and

  • the Chief Executive 's approval is obtained before the expense is incurred.
Members who are appointed to ongoing positions may be authorised to claim out-of-pocket expenses associated with the appointment.  Such authorisation must be in writing by the Chief Executive and such approval must be obtained before each relevant expense is incurred. Approval of claims will only be approved within the limits of the College’s Travel Policy.

Evaluation of offers

The evaluation of proposals shall consider value.  The offer shall satisfy RACMA's requirements in relation to quality, quantity, availability and reliability of services.  If all these and any special requirements are equivalent between proposals, the lowest price shall be accepted.

Insurances

College members who provide services to RACMA may be  required to carry adequate professional indemnity and public liability insurance in accordance with policy approved by the Board from time to time, unless a specific variation is approved by the Chief Executive.  Such variations shall only be approved in exceptional circumstances and the overriding principle to be considered is that the level of insurance coverage shall be commensurate with the anticipated level of risk.

Avoidance of conflicts of interest

There is no prohibition on College members who hold Office in RACMA from providing services to RACMA, but in such circumstances care needs to be taken to avoid conflicts of interest and to ensure that decision-making is transparent and accountable.
Members of the Board are required to comply with directors duties established by the common law and with the provisions of the Corporations Act 2001 relating to material personal interests.

Conflicts of interest (actual or potential) may arise, for example, when a member of the Board is involved in:
  • a decision to establish a consultancy or ongoing position to which he or she may seek appointment;

  • any subsequent decisions of the Board relating to any appointment which he or she holds; and/or

  • a decision of the Board which entails the receipt of confidential information relating to a commercial competitor

  • an event on behalf of RACMA that allows them to promote their own consultancy or other interests.

The President shall ensure that at the commencement of each Board meeting members of the Board are invited to declare conflicts of interest (actual or potential).

If the Board is considering a proposal or decision relating to a consultancy or ongoing position in which a member of the Board is reasonably likely to have a direct or indirect personal interest (pecuniary or otherwise), the member of the Board shall disclose their interest, excuse themselves from the discussion and leave the room until the Board has concluded its discussion.

The Chief Executive shall ensure that minutes of the meeting incorporate a record of the time the member of the Board left and returned to the room and the nature of the interest disclosed.

The Chief Executive also shall ensure that any documents relating to the issue about which a conflict has been declared are not provided to the member of the Board who declared the conflict.

If a member of the Board participates in any way in a decision to appoint a Member to provide services to RACMA and subsequently applies for such appointment, RACMA shall, unless exceptional circumstances approved by the Board apply, reject the proposal on the basis of unfair advantage.

Copyright and intellectual property

Works that are created in the course of engagement with and for RACMA may be considered 'copyright work' under the Commonwealth Copyright Act 1968 and the respective definitions of those terms have the respective meanings ascribed to them in that Act.

College ‘originators’ - being Directors, Officers, Fellows, Associate Fellows and Candidates will  produce ‘materials' as part of contributions to education and training programs, consultancies and projects. Any copyright work created by an originator in the pursuance of the originator’s employment under a contract of service with the College is technically owned by the College, other than IP developed by a Candidate as part of their participation in the fellowship training program. In relation to candidates it is also likely that they may assign ownership to the College.  

Specific provisions in relevant legislation provide for variations to ownership to be negotiated. The College may consider entering into negotiations with Members engaged in RACMA consulting and projects, to vary this requirement.

The College will respect the ‘moral rights’ (Copyright Amendment (Moral Rights) Act 2000 of Members. Such rights give authors the right to chose to be identified, or not, and object to derogatory treatment of a work, and for people not to have authorship falsely attributed.

In circumstances where intellectual property may be vested in the College or subject to joint authorship between the author and the College, matters including the proportions of ownership, rights attached to ownership and any other matters which may be relevant can be jointly decided through a written agreement between all relevant parties.

The College may require Fellows who participate in College funded activities to sign an agreement or give a written acknowledgement that intellectual property will vest in the College. Sometimes external parties, providing funding (e.g. government funding), will require that Members or College representatives agree and acknowledge that intellectual property will vest in either the funder (e.g. government) or the College.

Use of College Trade Marks

Board approval is required for use of the College logo and will be require in all cases as it is now a registered trade mark.

5. Related policies

Code of Conduct
Confidentiality and Declaration of Interests for RACMA Directors, Officers, Committee Members and others representing the interests of RACMA
Travel Policy
Intellectual Property
Paid Outside Work by Employees
Use of the College Logo and Trade Marks
Last Updated on Thursday, 09 April 2015 10:26