Residential Institutions Redress Act, 2002

Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“abuse”, in relation to a child, means—

(a) the wilful, reckless or negligent infliction of physical injury on, or failure to prevent such injury to, the child,

(b) the use of the child by a person for sexual arousal or sexual gratification of that person or another person,

(c) failure to care for the child which results in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare, or

(d) any other act or omission towards the child which results in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare,

and cognate words shall be construed accordingly;

“Act of 2000” means the Commission to Inquire into Child Abuse Act, 2000 ;

“applicant” shall be construed in accordance with section 7 (1);

“application” means an application for an award;

“award” means a financial award made by the Board;

“Board” means the Board established under section 3 ;

“Chairperson” shall be construed in accordance with section 6 (1);

“child” means a person who has not attained the age of 18 years and cognate words shall be construed accordingly;

“establishment day” means the day appointed under section 2 to be the establishment day;

“functions” includes powers and duties;

“injury” includes physical or psychological injury and injury that has occurred in the past or currently exists and cognate words shall be construed accordingly;

“institution” means an institution that is specified in the Schedule;

“medical practitioner” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978 ;

“Minister” means the Minister for Education and Science;

“prescribed” means prescribed by regulations made by the Minister;

“public body” means a Department of State, a Minister of the Government, a court, a health board and a local authority for the purposes of the Local Government Act, 2001 ;

“relevant person” means—

(a) a person who is referred to in an application as having carried out the acts complained of in the application, and

(b) in the case of an institution that is referred to in an application as being the institution in which the acts complained of in the application were carried out, the person who is concerned with the systems of management, administration, operation, supervision, inspection and regulation of such institution as the institution concerned may determine and specify in writing to the Board;

“Review Committee” has the meaning assigned to it by section 14 ;

“Review Committee Chairperson” has the meaning assigned to it by section 14 ;

“spouse”, in relation to a person, includes a person with whom the person is or was at a time cohabiting.

(2) References in this Act to abuse of children in institutions or which occurred in institutions include references to any case in which abuse of a child took place, not in an institution, but while the child was residing or being cared for in an institution and the abuse was committed or aided, abetted, counselled or procured by, or otherwise contributed to by an act or omission of, a person engaged in the management, administration, operation, supervision or regulation of the institution or a person otherwise employed in or associated with the institution.

(3) An applicant who was resident in an institution and was transferred from that institution to another place of residence which carried on the business of a laundry and who suffered abuse while resident in that laundry shall be deemed, at the time of the abuse, to have been resident in that institution.

(4) References in this Act to a person who as a child was resident in an institution include references to any case where a child was resident in an institution having been sent and detained there in accordance with the provisions of the Children Act, 1908.

(5) In this Act—

(a) a reference to a section or a Schedule is a reference to a section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactments including this Act.