National Vetting Bureau (Children and Vulnerable Persons) Act 2012

19.

Scheduled organisations required to notify specified information to Bureau.

19.— (1) Where, following an investigation, inquiry or regulatory process (howsoever described) in respect of a person, (including an investigation, inquiry or regulatory process initiated but not yet concluded before the commencement of this section) a scheduled organisation, has as a result of the investigation, inquiry or regulatory process, a bona fide concern that the person who is the subject of that investigation, inquiry or regulatory process, may—

( a) harm any child or vulnerable person,

( b) cause any child or vulnerable person to be harmed,

( c) put any child or vulnerable person at risk of harm,

( d) attempt to harm any child or vulnerable person, or

( e) incite another person to harm any child or vulnerable person,

the scheduled organisation shall, as soon as may be, for the purposes of providing specified information to the Bureau, notify the Bureau in writing of that concern and shall state the reasons for it.

(2) Notwithstanding the generality of subsection (1), where in the course of exercising its powers under the Child Care Act 1991, the Health Service Executive has, in respect of a person, a bona fide concern that the person may do any of the matters referred to in paragraphs (a) to (e) of subsection (1), the Health Service Executive shall, as soon as may be, for the purpose of providing specified information to the Bureau, notify the Bureau in writing of that concern and shall state the reasons for it.

(3) The scheduled organisation shall, in relation to the person in respect of whom it has a concern under subsection (1) or (2), as the case may be, notify the person of the fact of that concern and of its intention to notify the Bureau of it.

(4) If any specified information furnished by a scheduled organisation to the Bureau under subsection (1) or (2) is incorrect or is otherwise inaccurate, the scheduled organisation shall, as soon as may be, after becoming aware of its being incorrect or inaccurate, as the case may be, inform the Bureau thereof.

(5) A scheduled organisation shall nominate a person (in this Act referred to as an “appropriate person”) as the appropriate person, for the scheduled organisation, for the purposes of notifying the Bureau under this section.

(6) A scheduled organisation may nominate more than one person as an appropriate person for the scheduled organisation.

(7) Section 9 shall, with any necessary modifications, apply to the nomination of an appropriate person for a scheduled organisation as it applies to the nomination of a liaison person for a relevant organisation under that section.

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

(9) For the avoidance of doubt it is hereby declared that the obligation imposed on a person by subsection (1) or (2) to disclose specified information to the Bureau is in addition to, and not in substitution for, any other obligation that the person has to disclose that information to the Garda Síochána .