The National Vetting Bureau

Last updated: Tue, Sep 10th, 2019 9:48:53 am

The commencement of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 as amended by the Criminal Justice (Spent Convictions and Certain disclosures) Act 2016 provides that from 29th April 2016 its procedures must 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"

The Vetting Act has established the National Vetting Bureau (the Bureau) to replace the Garda Central Vetting Unit (GCVU) and is responsible for issuing vetting disclosures under the Act’s statutory vetting arrangements.

The details of these new regulations as they apply to schools are outlined in DES CL 31/2016 which supersedes and replaces both Circular 0063/2010 and Circular 26/2015 and applies to all recognised primary and post-primary schools and any other state funded centres for education (as defined in the Education Act, 1998) for children or vulnerable persons. This Circular is accompanied by a "Frequently Asked Questions" document from the DES which provides extensive explanation of the implications of the Act for schools.

School managements are advised to familiarise themselves with these new regulations and to ensure their full implementation. It must be noted that as and from 29 April 2016, it will be a criminal offence, other than in certain limited circumstances, for a school authority to commence the employment of an employee without first obtaining a vetting disclosure from the Bureau in respect of that person. (See section 5 of CL 31/2016).

In the case of recurring Substitution or Casual Employment it should be noted that no Vetting Disclosure from the Bureau is required if:

1. the person was previously employed by the school as a substitute or casual employee or who is on the school's list of substitute teachers and for whom the school has, prior to 29th April 2016, received a valid Vetting Report in respect of that person

2. the person’s initial employment with the school as a substitute or casual employee occurred after 29 April 2016 and a vetting disclosure from the Bureau was received by the school authority in respect of that initial substitute or casual employment

3. the person is employed for duty in the conduct and delivery of the State Examinations. It is expected that the State Examinations Commission will issue further guidance to school authorities regarding prudent practices in the engagement of examinations staff.

4. a Garda Vetting report from the GCVU on a prospective employee has been received by the school prior to 29th April 2016 but the employment in question doesn't commence until 29th April 2016 or later.

Consideration of Vetting Disclosures

School authorities should note that Garda vetting does not provide clearance for persons to work with children. It simply provides to the registered organisation particulars of any criminal record and/or specified information in respect of the person concerned or where there is no criminal record or specified information shall state this fact.

It is a matter for the School Authority to assess the suitability of the person to be employed in the light of any disclosures made in a Vetting Disclosure.

Statutory Declarations and Forms of Undertaking

On Statutory Declarations and Forms of Undertaking CL 31/2016 states:

9.10     As an additional safeguard, the child protection related Statutory Declaration in the Appendix to this circular must be provided to the school authority by all persons being appointed to teaching and non-teaching positions of any duration unless the person has previously provided the school authority with a statutory declaration which was made during the same or previous calendar year. The school authority must obtain and view the original statutory declaration and retain a copy of it for its own records. A Statutory Declaration is regarded as valid if made in the same or previous calendar year and therefore may be retained by the applicant for use in other employments as required.

9.11     In addition, an associated undertaking (which is specific to the employing school authority) must be signed by all persons prior to appointment to any teaching or non-teaching position of any duration. For administrative ease, the Department’s payroll appointment forms will incorporate this undertaking. However, for any appointment (teaching or non-teaching) that does not require completion of a payroll appointment form, the Form of Undertaking in the Appendix to this circular must be completed by the prospective appointee prior to commencing employment. A Form of Undertaking is regarded as valid for other appointments to the same school if signed within the same or previous calendar year. The Form of Undertaking must be retained by the school authority.

9.12     The above requirements to provide a statutory declaration and associated undertaking apply in respect of all types and duration of employment (e.g. full-time, part-time, substitute etc.).

Downloads:

• NVB 1 Vetting Invitation Form

• CL 31/2016

• CL 31/2016 FAQs

• Proof of Identity

• Confirmation Form

• Dedicated e-mail Address for eVetting

• Check for Accuracy

• NVB3 Form