Garda Vetting

 

VETTING OVERVIEW

 

The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 commenced on Friday 29th April 2016, resulting in consequential obligations for the University concerning new and existing staff members.  

This Act provides a legislative basis for the mandatory vetting for persons who wish to undertake relevant work or activities (see definition below)* with children or vulnerable adults. This requirement applies to anyone who will have regular access to children and/or vulnerable persons in the course of their employment.  It is now a criminal offence for organisations to fail to carry out the necessary vetting of such employees, contractors and volunteers.

Retrospective/Re-vetting: Section 20 of the Act provides for retrospective vetting and re-vetting of employees. Retrospective vetting of non-vetted existing staff (where required)* must be carried out for all relevant staff by December 2017.  There is no timeline prescribed by the Minister as yet with respect to the re-vetting of existing employees.

The department of Human Resources are currently conducting Garda Vetting for all new staff, where required.  It is now mandatory that all new staff, including hourly occasional staff and research staff are vetted (where relevant)*.

If you are aware of any existing staff member or about to recruit a new staff member who is currently or will be engaged in relevant work or activity with a child or vulnerable adult, please contact the University Liaison Person, Sylvia Curran to initiate this vetting process.  Sylvia will also advise and assess the relevance of the work and determine if indeed vetting will be required. 

Vetting Procedure

The Garda Central Vetting Unit is now known as National Vetting Bureau of the Garda Síochána.

A new format of the vetting application form is required to comply with the NVB Act.   All applications are now processed online via the Bureau's new eVetting system.  The old Garda Vetting form will no longer be accepted and should be removed from circulation.  The Act has also introduced the need for ID verification of all vetting applicants - please see detail on the new Vetting Procedure.

A sectoral Garda Vetting policy is currently being developed and will be implemented in the coming months and communicated accordingly.

Below, for information, a summary of the main changes to the process: 

Change Process – differences between the Acts and the current process

 

Mandatory Vetting

All new staff (where relevant) cannot commence employment unless vetted. Offences for contravention.

Vetting Form

  • Data collected
  • Declaration
  • Verification of identity
  • Disclosure

Additional information required on Vetting Form

  • Gender
  • Mother’s Maiden Name
  • Passport number, if applicable

Verification of identity

From now on the identity of the Applicant must be validated by the Relevant Organisation.

Applicants will have to produce a number of documents to prove their identity to the Garda Liaison Person for staff from an agreed list before the NVB application can be processed  see Vetting - Proving Identity document.

Relevant Work

Relevant Work or activities must be identified before the NVB application form can be processed.

Any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, children or vulnerable adults.

Filtering of offences

Vetting disclosure will be issued in respect of each person who is the subject of a vetting application. The Vetting disclosure will include:

(a)    Particulars of the criminal record (if any) relating to the person, and a statement of the specified information if any) relating to the person which the Chief Bureau Officer has determined in accordance with Section 15 of the Act should be disclosed,

Or

(b)   State that there is no criminal record or specified information, in relation to the person. 

Re-vetting

Following receipt of a vetting disclosure in respect of a person shall, after the expiration of such period as may be prescribed by the Minister make a further application for vetting disclosure in respect of that person

Retrospective Vetting

All applications by 31st December 2017 – where the person has not previously been the subject of an application for vetting disclosure, make an application for vetting disclosure in respect of that person.

 

DEFINITIONS

 *Relevant Work or Activities

  •  Any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, children or vulnerable adults.
  • Act shall not apply where a person gives assistance on an occasional basis at a school, sports or community event or activity, other than where such assistance includes the coaching, mentoring, counselling, teaching or training of children or vulnerable persons.
  • Each relevant organisation will have to assess the positions involved in accordance with the Act.

 

Child/Vulnerable Adult: 

  • A “child” means a person under the age of 18 years.
  • A “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 as to restrict the capacity of the person to guard himself or herself against harm by another person, or that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.

 

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