National Vetting Bureau (Children and Vulnerable Persons) Act 2012

12.

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

12.— (1) A relevant organisation shall not—

( a) employ (whether under contract of employment or otherwise) any person to undertake relevant work or activities,

( b) enter into a contract for services with any person for the provision by that person of services which constitute relevant work or activities,

( c) permit any person to undertake relevant work or activities on behalf of the organisation (whether or not for commercial or any other consideration),

( d) in a case where the relevant organisation is a provider of any course of education, training or scheme, including an internship scheme, place or make arrangements for the placement of a person as part of such education, training or scheme, if a necessary and regular part of such placement requires the participation by the person in relevant work or activities,

unless the organisation receives a vetting disclosure from the Bureau in respect of that person.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) In proceedings for an offence under subsection (2), it shall be a defence for the accused person to show that the accused person neither knew nor could reasonably be expected to know that the work or activity to which the employment, contract, permission or placement referred to in subsection (1) constituted relevant work or activities.

F6 [ (3A) Where 2 or more relevant organisations jointly agree in writing to the employment, contracting, permitting or placement of a person to undertake relevant work or activities, it shall be a defence in any proceedings brought against a person for an offence under subsection (2) to show that another relevant organisation who was party to the agreement received a vetting disclosure in respect of the employment, contract, permission or placement of the person concerned. ]

F7 [ (4) In the case of the employment of, entering into a contract for services with, permitting or placement of any person to undertake relevant work on a casual or part-time recurring but non-continuous basis with the same relevant organisation, the obligations placed on a relevant organisation pursuant to subsection (1) shall, subject to section 20 , be regarded as being satisfied where the relevant organisation concerned received a vetting disclosure in respect of the person in respect of that initial employment, contract, permission or placement, as the case may be. ]

F7 [ (5) This section shall not apply to the following:

(a) any employment, contract, permission or placement that commenced or was entered into, given or made, as the case may be, before the commencement of this section;

(b) any employment, contract, permission or placement on a casual or part-time recurring but non-continuous basis with the same employer where the initial employment, contract, permission or placement, as the case may be was entered into, given or made as the case may be, before the commencement of this section;

(c) any employment, contract, permission or placement, including a casual or part-time recurring but non-continuous employment which was not entered into before the commencement of this Act but in respect of which a relevant organisation had, before that commencement, requested and received vetting information in respect of the person who was the subject of the employment, contract, permission or placement concerned from the national unit of the Garda S í och á na known as the Garda Central Vetting Unit. ]