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Legislation

P.S. to Section 28 | Change of Name | Effective Service of Notices

March 15, 2017 by David Miller

In our essay last week we went on a whistle-stop tour of Section 28 of the Irish vetting legislation, the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 – 2016.This week we’re looking at 3 new areas:

(1) an important post-script to Section 28 …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012

Whistle Stop 8-Part Tour of Section 28 Liability

March 8, 2017 by David Miller

Children First Act 2015

This essay provides a whistle-stop 8-stop tour to the crux of the Irish vetting legislation: Section 28.Section 28 of the Irish vetting legislation is the section that criminalises the conduct of the senior management team in an organisation, where that team has allowed the …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012

Prove It – Section 28 Liability And The Requirement For Proof

March 2, 2017 by David Miller Leave a Comment

Section 28 liability vetting legislation

This week, we’re looking at how, for a Section 28 personal criminal liability to attach to a member of the senior management team, there’s requirement for there to be actual evidence that proves senior management consented to, connived with, or through their wilful neglect, allowed their …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012

The Personality Test: Who’s Who in Section 28 Liability

February 24, 2017 by David Miller Leave a Comment

Director, officer, manager

This week, we’re looking at the ‘who’s who’ of section 28, to find out if a person’s role within a charity or organisation could place them in the crosshairs of the section 28 trigger.In our most recent essay, Part 6 of our current review of Section …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012

Couldn’t Care Less – Wilful Neglect & Section 28 Liability

February 20, 2017 by David Miller Leave a Comment

Section 28 vetting legislation - wilful neglect

What happens when a charity or club is deliberately neglectful, or reckless, in executing on its vetting procedures? What is ‘wilful neglect’? How does it impact on volunteering? Find out here in Part 6 of our series on Section 28 liability under the Irish vetting legislation.In …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012, Policies and Procedures

Looking The Other Way – Connivance and Section 28 Liability

February 10, 2017 by David Miller Leave a Comment

Section 28 liability vetting legislation

What is connivance? How does a court find that someone ‘connived’ in an offence? How is it relevant to charities and clubs? Learn how, in this, Part 5, of our review of Section 28 of the vetting legislation.In our most recent essay, Part 4 of our …Read More

Filed Under: National Vetting Bureau Act 2012, Policies and Procedures

Senior Management’s Consent Triggers Section 28 Liability

February 2, 2017 by David Miller Leave a Comment

Section 28 consent of senior management

In our most recent essay, Part 3 of our current review of Section 28 – Liability for Offences by Bodies Corporate – National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 – 2016 – we looked at the basic requirement to check (1) that an offence …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012, Process Improvements

S.28 Liability – Did The Body Corporate Commit An Offence?

January 27, 2017 by David Miller Leave a Comment

Section 28 vetting legislation

In this week’s essay we’re going to start by breaking section 28 into its constituent parts.Section 28 of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 – 2016 deals with the fall-out for senior management if a criminal offence is committed by the organisation …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012, Process Improvements

Section 28 Liability for Offences by Bodies Corporate

January 20, 2017 by David Miller Leave a Comment

A Handy Guide to Section 28 Vetting Legislation - Workflow for Senior Management - Personal Criminal Liabilities for Corporate Breaches

In our last essay, we looked at an introduction to the backbone to the vetting legislation, section 28 of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 – 2016.Section 28 if of such significance to the legislation that we decided that we were going …Read More

Filed Under: Legislation, National Vetting Bureau Act 2012

Directors’ & Officers’ Personal Criminal Liabilities

December 16, 2016 by David Miller

Section 28 of the vetting legislation

In this week’s essay we look at the backbone to the vetting legislation, section 28 of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 – 2016.Section 28 is of such significance to the legislation that we’re going to break up our analysis of the …Read More

Filed Under: National Vetting Bureau Act 2012

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