National Vetting Bureau (Children and Vulnerable Persons) Act 2012

2.

Interpretation.

2.— In this Act—

“appellant” shall be construed in accordance with section 18 ;

“appeals officer” means a person appointed by the Minister under section 17 as an appeals officer;

“application for retrospective vetting disclosure” shall be construed in accordance with section 21 ;

“application for re-vetting disclosure” shall be construed in accordance with section 20 ;

“appropriate person” shall be construed in accordance with section 19 ;

“Bureau” means the National Vetting Bureau of the Garda Síochána;

“Chief Bureau Officer” means the person who is for the time being appointed by the Garda Commissioner to be in charge of the Bureau;

“child ” means a person under the age of 18 years;

“compliance officer” means a person appointed by the Chief Bureau Officer as a compliance officer under section 24 ;

“contract of employment” means—

( a) a contract of service or apprenticeship, or

( b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

whether the contract is express or implied and, if express, whether it is oral or in writing;

“criminal offence” includes an offence under the law of a state other than the State that corresponds to an offence under the law of the State, where the act or omission constituting the offence under the law of the other state would, if committed in the State, constitute an offence under the law of the State;

“criminal record”, in relation to a person, means—

( a) a record of the person’s convictions, whether within or outside the State, for any criminal offences, together with any ancillary or consequential orders made pursuant to the convictions concerned, or

( b) a record of any prosecutions pending against the person, whether within or outside the State, for any criminal offence,

or both;

“database” shall be construed in accordance with section 6 ;

“enactment” means a statute or an instrument made under a power conferred by statute;

“Garda Central Vetting Unit” means the national unit of the Garda Síochána known as the Garda Central Vetting Unit;

“Garda Commissioner” means the Commissioner of the Garda Síochána;

“harm”, in relation to a person, means exploitation or abuse, whether physical, sexual or emotional of the person;

“liaison person”, in relation to a relevant organisation, shall be construed in accordance with section 9 ;

“Minister” means the Minister for Justice and Equality;

“personal identification number”, in relation to a person who is the subject of an application for vetting disclosure, means the registration number assigned in respect of him or her by the Bureau for the purposes of the vetting procedures under this Act;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“private arrangement” means an arrangement made by an individual for the provision by any person of relevant work or activities—

( a) for, or for the benefit of, the individual, or

( b) for, or for the benefit of, a child or vulnerable person who is a member of the individual’s family;

“register of relevant organisations” means the register established and maintained under section 8 ;

“register of specified information” means the register established and maintained under section 10 ;

“register of vetted persons” means the register established and maintained under section 11 ;

“relevant organisation” means a person (including a body corporate or an unincorporated body of persons)—

( a) who—

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

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

(iii) permits any person (whether or not for commercial or any other consideration) to undertake relevant work or activities on the person’s behalf,

(iv) is a provider of courses of education or training, including internship schemes, for persons and, as part of such education or training or scheme, places or makes arrangements for the placement of any person in work experience or activities where a necessary part of the placement involves participation in relevant work or activities,

but does not include an individual who does any of the matters referred to in subparagraphs (i) to (iv) in the course of a private arrangement,

( b) who carries on the business of an employment agency within the meaning of the Employment Agency Act 1971 for the employment of persons to undertake relevant work or activities,

( c) established by or under an enactment (other than the Companies Acts) whose functions include the regulation, registration, licensing or other authorisation (howsoever described) of persons who undertake relevant work or activities, or

( d) who represents for the purposes of the vetting procedures under this Act, another person, trade, profession or body, organisation or group or other body of persons that undertakes relevant work or activities;

“relevant work or activities” means—

( a) relevant work or activities relating to children, or

( b) relevant work or activities relating to vulnerable persons;

“relevant work or activities relating to children” shall be construed in accordance with Part 1 of Schedule 1 ;

“relevant work or activities relating to vulnerable persons” shall be construed in accordance with Part 2 of Schedule 1 ;

“scheduled organisation” means an organisation that is specified in Schedule 2 ;

“specified information”, in relation to a person who is the subject of an application for vetting disclosure, means information concerning a finding or allegation of harm to another person that is received by the Bureau from—

( a) the Garda Síochána pursuant to an investigation of an offence or pursuant to any other function conferred on the Garda Síochána by or under any enactment or the common law, or

( b) a scheduled organisation pursuant to subsection (1) or (2) of section 19 ,

in respect of the person and which is of such a nature as to reasonably give rise to a bona fide concern that the person may—

(i) harm any child or vulnerable person,

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

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

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

(v) incite another person to harm any child or vulnerable person;

“vetting disclosure”, in respect of a person, means a disclosure made by the Bureau in respect of the person under section 14 ;

“vetting procedures” means the enquiry and examination undertaken by the Bureau under section 14 and, where appropriate, assessment by the Chief Bureau Officer of specified information under section 15 in relation to an application for vetting disclosure in respect of a person who wishes to undertake relevant work or activities;

“vulnerable person” means a person, other than a child, who—

( a) is suffering from a disorder of the mind, whether as a result of mental illness or dementia,

( b) has an intellectual disability,

( c) is suffering from a physical impairment, whether as a result of injury, illness or age, or

( d) has a physical disability,

which is of such a nature or degree—

(i) as to restrict the capacity of the person to guard himself or herself against harm by another person, or

(ii) that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.