Overview

This Policy is designed to provide you with information and direction on the appropriate use of property of [Company name].
Nothing in this Policy (including, without restriction, clause 3.3(c)) should be taken as altering or limiting [the Company’s] ownership and rights to intellectual property (as provided under other company policies, employment contract or at law) relating to or arising from work undertaken by you or other employees or contractors.

[The Company] may change this policy from time to time without notice in its absolute discretion.

Any person to whom this Policy applies who breaches this Policy or who coerces, encourages or assists another person to breach this policy may be subject to disciplinary action.

Does this policy apply to me?

The policy applies to you if you are employed by [the Company] (whether full-time, part-time, casual or temporary) or if you are a contractor to [the Company] and you use company property.

What is company property?

Company property covers physical and intangible items. Company property includes:

  • information generated or stored by [the Company] as part of its business or undertaking;
  • [the Company’s] intellectual property (including licensed intellectual property);
  • any piece of equipment, device, material, document, vehicle, machinery, furnishing, building that is:
    • supplied by an external provider to [the company];
    • leased or rented by [the company];
    • owned by [the company] or in respect of which [the company] has a beneficial interest;
    • otherwise reasonably designated by [the company] as company property;
    • donated to [the company]; or
    • under the custody of [the company] or any person acting as its agent (such as an employee).
  • All company property that is in your possession, custody or control by virtue of your employment in or engagement by [the company] remains property of [the company]. For example:
    • If [the company] issues you with a laptop, tablet or other electronic device to perform your work, that device belongs to [the company], even if it is registered or assigned to you exclusively for an undefined period;
    • If you are given an item of property by a contractor, client or supplier for use or custody in the course of your employment or engagement, that property belongs to [the company];
    • If you use company property, resources or connections to create, generate or acquire other property, that other property belongs to [the company] (see also clause 1.2 above).
  • If you download information from [the company] computer or information technology systems, that information remains company property whether of or not the downloaded information is stored in a [the company] device or your personal device.
  • Company property that is or has become outdated, outmoded, not in active use or has been superseded by a more recent edition, version, model or type, remains company property.

If you are unsure about whether a particular item of property is company property, you should speak to [appropriate person].

Your responsibilities

You are required to adhere to the following requirements in relation to all company property that is in your possession, custody or control:

  • You must take reasonable care to keep the property in the same condition in which it was given to you (subject only to reasonable wear and tear);
  • You must reasonably facilitate the property being serviced and maintained as required;
  • You must take reasonable care to prevent the property becoming damaged, lost or stolen;
  • You must only use the property for work-related purposes. Personal use of the property may be permitted after obtaining written authority for such use from [appropriate person];
  • You must not permit the property to be used or accessed by any other person, including family members or other employees or contractors, without written permission from [appropriate person];
  • You must use the equipment properly and in accordance with its intended purpose, any applicable [the company’s] directions (including safe work method statements) and where supplied or directed to do so, the manufacturer’s instructions;
  • You must not attach any accessories to or use any accessories with the property without written permission from [appropriate person];
  • You must not use any property in a way that could pose a risk to the health and safety of yourself, other employees or contractors, or anyone else when used or operated;
  • You must not use any property if you are intoxicated or are affected or impaired by drugs (including prescription and over-the-counter drugs);

Unless necessary for work-related purposes, you must not intermingle or mix company property with personal property. All intermingled property will be taken to be company property except to the extent that you satisfy the company that the identified portion of the intermingled property belongs to you and that portion can be reasonably extracted;

You must not install, run, download, create, transfer or copy any personal programs, documents or files to any company computer, laptop, tablet or other electronic device;

You must be able to account for company property assigned or otherwise provided to you as and when required;

You must only use the property in a manner that is consistent with the law and with other company policies, including:

  • the Code of Conduct;
  • the Workplace Bullying Policy;
  • the Anti-Discrimination and EEO Policy; and
  • Internet, Email and Computer Use Policy.

If you need to seek permission to depart from the above requirements, you should speak to [appropriate person]. Permission to depart from these requirements will only be given if it is necessary to do so in order for you to reasonably perform your duties.

Inspection of company property

All company property is subject to being recalled, inspected, searched and monitored by [the company] at any time and without any notice to you. You must co-operate with [the company] in relation to such inspections and searches.

Reporting obligations

If you come into the custody, control or possession of property of [the company] without [the company’s] prior knowledge or consent, you must notify [appropriate person] as soon as practicable.

If an item of company property is lost, stolen or damaged, you must notify [appropriate person] as soon as practicable.

If you see company property being damaged, abused or misused or used contrary to this policy, or you suspect company property is being or has been stolen, you must notify [appropriate person] as soon as practicable.

Return of company property

You are required to return company property to [the company] if:

  • [The company] directs the you to do so;
  • You no longer require the use of the property for work related purposes in the reasonably immediate future;
  • You commence a period of leave for longer than [insert appropriate time frame, for example, 4 weeks] (unless you have a written authority from the company to the contrary);
  • Your employment or engagement is terminated for whatever reason.

Replacement of property

You will not be responsible for ordinary wear, tear and deterioration of company property in your possession, custody or control. If you require a replacement due to ordinary wear, tear and deterioration or other circumstances beyond your control, you should lodge a request for a replacement with [insert appropriate person]. A replacement will be issued at the absolute discretion of [the company].

[The company] may, at its discretion, upgrade an item of company property in your custody, control or possession with a more recent version, edition, model or type. A request for such an upgrade should be lodged with [insert appropriate person].

Consequences of non-compliance

You may be held responsible for paying to replace or repair all company property that is lost, damaged or stolen due to your failure to exercise reasonable care.

If you fail to return company property when required to do so under this policy, you may be responsible for paying to replace the property.

You are responsible for paying all fines and civil penalties which become payable as a consequence of any use of company property that is wrongful, illegal or contrary to this policy.

In addition, you may face disciplinary action if the company property in your possession, custody or control is damaged, lost or stolen as a result of your gross negligence, failure to comply with [the company’s] directions or (if applicable) manufacturer’s instructions, or misconduct. This provision does not limit the circumstances in which you may face disciplinary action for contravention of this policy (see further clause 1.4).