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.
Re-vetting: Section 20 of the Act provides for re-vetting of employees. In March 2021, the University has commence the Re-Vetting of staff on a three year cycle.
The Department of Human Resources are currently conducting Garda Vetting for all new and existing staff, where required. It is now mandatory that all new and existing staff, including hourly occasional staff, research staff, contractors and volunteers 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, Grace Conway to initiate this vetting process. Grace will also advise and assess the relevance of the work and determine if indeed vetting will be required.
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 Vetting/Foreign Police Certification Policy for Staff has been finalised and approved by all 7 universities:
Below, for information, a summary of the main changes to the process:
Change Process – differences between the Acts and the current process
All new staff (where relevant) cannot commence employment unless vetted. Offences for contravention.
Additional information required on Vetting Form
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 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,
(b) State that there is no criminal record or specified information, in relation to the person.
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
All applications by 30th April 2018 – 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.
*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.
- 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.