Frequently Asked Questions on the Implications of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012

                    Athletics Ireland Child Welfare Logo

Garda Central Vetting Unit (March 22nd) has advised that the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 will commence on April 29th 2016.

To facilitate the transition to the new vetting system and to implement the requirements of the vetting legislation, no vetting applications will be accepted or processed by the Garda Central Vetting Unit from April 18th to 28th.

In preparation for this transfer to the new vetting system, Athletics Ireland will only be processing vetting forms received by Friday 8th April. The current Athletics Ireland vetting form will expire on that day, and the new Garda vetting form will be made available to clubs by Athletics Ireland prior to the commencement of the vetting legislation on April 29th.

The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 makes vetting mandatory for anyone volunteering or seeking employment relating to children or vulnerable persons. Anybody who is involved in ‘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’ must be vetted.

It will be an offence for a club or organisation to employ someone to work with children or vulnerable persons without completing the vetting procedures set out in the Act. Liability rests with the club or organisation not the employee.

Athletics Ireland will be communicating with Club Children’s Officers when the new vetting form is available for use from the 29th of April. On commencement of the Act, Athletics Ireland will organise provincial workshops with club leaders to discuss the requirements and implications of the legislation.

Athletics Ireland - Frequently Asked Questions on the Implications of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012

vetting@atheticsireland.ie

1.
What is the new vetting legislation?
The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 .This legislation is part of a suite of complementary legislative proposals to strengthen child protection.
http://www.oireachtas.ie/documents/bills28/acts/2012/a4712.pdf

2.
When will it commence?
The legislation was enacted in December 2012 and will commence on April 29th 2016

3.
Why has this legislation been introduced?
The purpose of this Act is to provide a legislative basis for the vetting of persons who seek positions of employment relating to children or vulnerable persons. Previously, persons applying for such positions were vetted on a non statutory basis. This Act makes vetting mandatory.

4.
Who is subject to vetting?Those involved in ‘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 in:
5.
Who is exempt from vetting?
The Act does not apply to an individual who does work in the course of a private arrangement for their own benefit, or for a child or vulnerable person who is a member of the individual’s own family.

The Act does not apply to any work or activity undertaken in the course of a family relationship or to persons who assist occasionally and on a voluntary basis in certain activities or events be they school, sport or community related. This recognises the occasional but necessary involvement or assistance of parents or other persons. However, the Act will apply where such involvement includes coaching, mentoring, counselling, teaching or training of the children or vulnerable persons.

6.
How does my organisation decide who should be vetted?
This is a matter for each organisation to assess.

Useful Guidance: Is the person ‘providing physical or leisure activities and services to children’? If not, they do not require vetting. Ordinary members participating in club events do not require vetting.

All youth leaders, coaches, trainers, religious leaders who work with groups of children, whether alone or accompanied by another adult, must be vetted.

If substitute persons are required from time to time for this work then they should be appointed from a panel of persons who have been vetted.

7.
What if we need to appoint a volunteer at short notice for a one off event?
That person does not have to be vetted. They would be covered by the ‘occasional assistance’ exemption. Occasional means ‘now and then’ or for a once off event such as a sports day.
The Act will apply where such involvement includes coaching, mentoring, counselling, teaching or training of the children or vulnerable persons.

8.
Is it an offence to fail to vet a sports leader who is working directly with children?
Yes. A person may not be engaged to do relevant work or activities relating to children or vulnerable persons unless that person has been subject to the vetting procedures under the Act. Failure to comply with this duty is an offence under the Act

9.
Where does the liability rest for non-vetting?
If a person working with children or vulnerable persons is not vetted, any offence that is committed is committed by the organisation that the person works for. Each local club management committee will have to ensure that the relevant persons working with children or vulnerable persons are vetted. Equally, national organisations will be required to vet persons working for them who are working with children or vulnerable adults.

10.
Do I need to register my club for anything?
No, Athletics Ireland is already registered with the vetting unit (soon to be called the vetting bureau) and provides access to vetting services to all affiliated clubs and organisations.

11.
What is the procedure for vetting applications?
Following the receipt of an application for vetting disclosure by a liaison person, the Bureau will undertake an examination of its own database and Garda Síochána records to establish whether any criminal records or any specified information relates to the applicant.

Code of Ethics and Child Welfare Links and Documents

Athletics Ireland - Frequently Asked Questions on the Implications of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012

Athletics Ireland Child Welfare page
Download Athletics Ireland Code of Ethics and Good Practice for Children in Athletics (PDF Document)
Photgraphy Policy for Schools Events

Irish Sports Council's Code of Ethics Manual (PDF document)

Department of Children and Youth Affairs - Children First – National Guidelines for the Protection and Welfare of Children (PDF document)

Cork Sports Partnership - Upcoming Code of Ethics courses

Contact Personnel

Cork Athletics Child Protection Officer:
Mary Fitzgerald - email childprotection@corkathletics.org

Athletics Ireland Child Welfare Manager:
Kieron Stout -  phone: 086-2450134, email: kieronstout@athleticsireland.ie or childwelfare@athleticsireland.ie