National Vetting Bureau (Children and Vulnerable Persons) Act 2012


Number 47 of 2012


NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) ACT 2012

REVISED

Updated to 20 December 2017


This Revised Act is an administrative consolidation of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Health Insurance (Amendment) Act 2017 (37/2017), enacted 21 December 2017, and all statutory instruments up to and including National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Section 21) (Prescribed Period) (Amendment) Regulations 2017 (S.I. No. 610 of 2017), made 20 December 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 47 of 2012


NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) ACT 2012

REVISED

Updated to 20 December 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), part 3). The Acts in this group are:

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), part 3

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1991, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Children First Act 2015 (36/2015)

All Acts up to and including Health Insurance (Amendment) Act 2017 (37/2017), enacted 21 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Section 21) (Prescribed Period) (Amendment) Regulations 2017 (S.I. No. 610 of 2017)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Section 21) (Prescribed Period) Regulations 2016 (S.I. No. 223 of 2016)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Appeals) Regulations 2016 (S.I. No. 219 of 2016)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Commencement) Order 2016 (S.I. No. 214 of 2016)

All statutory instruments up to and including National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Section 21) (Prescribed Period) (Amendment) Regulations 2017 (S.I. No. 610 of 2017), made 20 December 2017, were considered in the preparation of this revision.


Number 47 of 2012


NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) ACT 2012

REVISED

Updated to 20 December 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Act not to apply to certain relationships or arrangements, etc.

4. Regulations.

5. Expenses.

PART 2

National Vetting Bureau (Children and Vulnerable Persons) Database System

6. Establishment of National Vetting Bureau (Children and Vulnerable Persons) Database System.

7. Functions of Bureau in relation to database, etc.

8. Register of relevant organisations.

9. Nomination and registration of liaison persons for purposes of Act.

10. Register of specified information.

11. Register of vetted persons.

PART 3

Procedures for Vetting Disclosures

12. Requirement for vetting disclosure in respect of certain work or activities.

13. Applications for vetting disclosure and who may apply.

14. Consideration by Bureau of application for vetting disclosure.

14A. Certain convictions are not required to be disclosed.

15. Assessment of specified information.

16. Assessment and use of vetting disclosures by relevant organisations.

17. Appeals officers.

18. Appeals from determination of Chief Bureau Officer.

19. Scheduled organisations required to notify specified information to Bureau.

20. Re-vetting.

21. Retrospective vetting.

PART 4

Miscellaneous

22. Appointment of Chief Bureau Officer and delegation of functions of Chief Bureau Officer.

23. Annual Report.

24. Compliance officers.

25. Amendment of section 7 of Garda Síochána Act 2005.

26. Falsification of vetting disclosures, etc.

27. Penalties.

28. Liability for offences by bodies corporate.

29. Garda Central Vetting Unit — change of name to National Vetting Bureau.

30. Service of notices.

31. Transitional provision.

32. Fees.

SCHEDULE 1

PART 1

Relevant Work or Activities Relating to Children

PART 2

Relevant Work or Activities Relating to Vulnerable Persons

SCHEDULE 2

Organisations Required to Notify Specified Information to Bureau

SCHEDULE 3

Excluded Offences for Purposes of Section 14A


Acts Referred to

Adoption Act 2010

2010, No. 21

Child Care Act 1991

1991, No. 17

Children Act 2001

2001, No. 24

Companies Acts

Dentists Act 1985

1985, No. 9

Education Act 1998

1998, No. 51

Employment Agency Act 1971

1971, No. 27

Garda Síochána Act 2005

2005, No. 20

Health Act 2007

2007, No. 23

Health and Social Care Professionals Act 2005

2005, No. 27

Medical Practitioners Act 2007

2007, No. 25

Mental Health Act 2001

2001, No. 25

Nurses Act 1985

1985, No. 18

Nurses and Midwives Act 2011

2011, No. 41

Nursing Homes Support Scheme Act 2009

2009, No. 15

Pharmacy Act 2007

2007, No. 20


Number 47 of 2012


NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) ACT 2012

REVISED

Updated to 20 December 2017


AN ACT TO MAKE PROVISION FOR THE PROTECTION OF CHILDREN AND VULNERABLE PERSONS AND, FOR THAT PURPOSE, TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANCE OF A NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) DATABASE SYSTEM; TO PROVIDE FOR THE ESTABLISHMENT OF PROCEDURES THAT ARE TO APPLY IN RESPECT OF PERSONS WHO WISH TO UNDERTAKE CERTAIN WORK OR ACTIVITIES RELATING TO CHILDREN OR VULNERABLE PERSONS OR TO PROVIDE CERTAIN SERVICES TO CHILDREN OR VULNERABLE PERSONS; TO AMEND THE GARDA SÍOCHÁNA ACT 2005; TO PROVIDE FOR THE CHANGE OF NAME OF THE GARDA CENTRAL VETTING UNIT TO THE NATIONAL VETTING BUREAU; AND TO PROVIDE FOR RELATED MATTERS.

[26 th December, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: