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EMPLOYEE VETTING
Law Society Gazette | gazette.ie Jan/Feb 2017 41
PIC: REX FEATURES
THE ACT TAKES RELEASING SOMEONE’S
PERSONAL INFORMATION VERY SERIOUSLY –
NOT JUST ANYONE CAN APPLY
personal relations where work is done for
free. These vetting requirements also do not
apply to employment that began before 29
April 2016, although there is the possibility of
retrospective vetting under section 21 of the
act and re-vetting under section 20.
The chief bureau officer is required to
create and maintain a register of relevant
organisations. Relevant organisations are
required to apply to be on this register and to
give their names, addresses, and other relevant
information. The act takes releasing someone’s
personal information very seriously – not
just anyone can apply. It can only be relevant
organisations and, even with those, it is only
the liaison person within that organisation
who can apply for the information and receive
it. Once registered, the relevant organisation
will nominate a liaison person in writing. This
is the person who will apply for and receive
vetting disclosures.
The formalities for an application for
vetting disclosure are found in section 13 of
the act. An application for vetting disclosure
shall identify the relevant work or activity
to which the application relates, and the
personal information of the person to whom
it relates. Relevant organisations can apply
for vetting on behalf of other organisations
they represent. One area that is particularly
sensitive is ‘specified information’ – this means
information concerning a finding or allegation
of harm to another person that is received by
the vetting bureau from the gardaí or from
bodies such as the HSE, the Teaching Council
or the Medical Council.
Once the bureau receives the application
for vetting disclosure, it will make enquiries
with the gardaí to establish whether or not
there is a criminal record and examine its
databases to see if it contains particulars
of any record of, or specified information
relating to, the person concerned. The
standard is higher where it relates to
specified information, as this is not a
conviction. Here, the act has to balance
the presumption of innocence with
protecting children and the vulnerable.
Where a bureau staff member considers there
is specified information relating to a person
who is the subject of an application, they will
refer matters to the chief bureau officer to see
if it should be disclosed. If this occurs, the chief
bureau officer will notify the person being
vetted in writing and let them know of the
information and allow them to make written
submissions about it. The chief bureau officer