Circular 31/2016 outlines that it is the responsibility of each relevant school authority to familiarise themselves with this circular and with the vetting requirements of the Vetting Act and to have in place the necessary policy, procedures and practices to ensure compliance with both the Vetting Act and the requirements of this circular. The circular also outlines that in addition to the vetting obligations in respect of its employees, school authorities should be aware that under section 12 of the Vetting Act statutory vetting obligations also apply where a school authority –
(a) enters into a contract for services with any person for the provision by that person of services that constitute relevant work or activities, or
(b) permits any person (whether or not for commercial or any other consideration) to undertake relevant work or activities on the school’s behalf, or
(c) places or makes arrangements for the placement of any person in work experience or activities where a necessary part of the placement involves participation in relevant work or activities.
The Vetting Act allows for some limited exemptions
to the requirement under section 12 of the Act to obtain a vetting disclosure from the Bureau. These exemptions provide that the school authority is not required to obtain a vetting disclosure under the Act prior to commencing the contract, permission or placement in the following circumstances-
a) in the case of unpaid volunteers who assist the school on an occasional basis provided such assistance does not involve the coaching, mentoring, counselling, teaching or training of children or vulnerable persons or
b) in the case of casual or part-time, recurring but non-continuous relevant work or activities
The Child Protection Procedures for Schools outlines that school authorities must ensure compliance with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 (the Vetting Act) and with relevant Department circulars in relation to Garda vetting of school personnel and other persons who undertake relevant work or activities with children or vulnerable persons.
Circulars 42/2018 and 43/2018 outline that external facilitators are compliant with the school’s child protection policy and other relevant school policies and procedures and that they always work under the guidance and supervision of the relevant classroom teacher who remains in the classroom with the students at all times and retains a central role in the delivery of the subject matter.