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 19 July 2022

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 Child Care (Amendment) Act 2022 (21/2022), enacted 19 July 2022, and all statutory instruments up to and including European Union (Energy Performance of Buildings) Regulations 2022 (S.I. No. 376 of 2022), made 18 July 2022, 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 19 July 2022


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 19 July 2022


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.

[26th December, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: