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 section – and its impact – into a number of different essays.
Over the next few weeks we'll be looking at the requirement for an offence to have been committed by a body corporate; the nature of the role held by the person in senior management; the state of mind required for the offence to have been committed; as well as the penalties for the offence.
YOUR HANDY GUIDE TO SECTION 28
For the purpose of this week’s essay, we’ve created this handy guide to Section 28.
YOUR HANDY GUIDE TO DIRECTORS' & OFFICERS POTENTIAL PERSONAL CRIMINAL LIABILITIES UNDER SECTION 28 OF THE VETTING LAWS
Anyone in senior management in a club, charity or organisation with a volunteer workforce, should ensure that they are properly acquainted with the potential personal criminal liabilities created by section 28. Click the big red button to download your handy guide as a PDF.
WHAT SECTION 28 ACTUALLY LOOKS LIKE
This is the relevant section as you see it in the legislation:
Over the course of the next few essays, we’re going to explore section 28 in further detail, using our handy guide to section 28 as the basis of that review.
SUMMARY
Section 28 is the skeleton of the vetting legislation, without which, in our view, the legislation would crumple into a heap.
Understanding section 28 is probably the most valuable use of time that could be spent by a senior manager, director, officer, secretary (or, as the legislation puts it, 'or a person purporting to act in that capacity').
YOUR HANDY GUIDE TO DIRECTORS' & OFFICERS POTENTIAL PERSONAL CRIMINAL LIABILITIES UNDER SECTION 28 OF THE VETTING LAWS
Anyone in senior management in a club, charity or organisation with a volunteer workforce, should ensure that they are properly acquainted with the potential personal criminal liabilities created by section 28. Click the big red button to download your handy guide as a PDF.
This essay is for general information purposes only and does not constitute legal or other professional advice.
Specific legal advice from a firm of solicitors should always be sought on the application of the law in any particular situation.
Whilst reasonable endeavours have been made to ensure the accuracy of the content, no liability whatsoever is accepted for any omissions or errors or for any action taken in reliance of the information in this essay.
