Commission To Inquire Into Child Abuse Act, 2000

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;

“adviser” means a person appointed under section 24 ;

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

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

“Commission” means the Commission to Inquire into Child Abuse established by section 3 ;

“Committee” means, as the context may require, the Confidential Committee or the Investigation Committee or both of them;

“Confidential Committee” means the committee of the Commission established by section 10 (1)(a);

“direction” means a direction under section 14 , and cognate words shall be construed accordingly;

“document” includes any class or description of document or record, or data stored electronically or in any other manner and also includes thing;

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

“evidence” includes the expression of a belief, opinion or intention;

“inquiry officer” shall be construed in accordance with section 23 ;

“institution” includes a school, an industrial school, a reformatory school, an orphanage, a hospital, a children's home and any other place where children are cared for other than as members of their families;

“Investigation Committee” means the committee of the Commission established by section 10 (1)(b);

“meeting” includes a sitting and a hearing;

“Minister” means the Minister for Education and Science;

“relevant period” means the period from and including the year 1940 or such earlier year as the Commission may determine to and including the year 1999 and such later period (if any) as the Commission may determine;

“serious offence” means an offence for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of 5 years or by a more severe penalty.

(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, or attending, 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) References in this Act to the management, administration, operation, supervision and regulation of institutions include references to such management, administration, operation, supervision or regulation effected, supervised, funded or regulated, in whole or in part, by a Department of State, a vocational education committee established by the Vocational Education Act, 1930 , a health board, a local authority for the purposes of the Local Government Act, 1941 , or any other public body.

(4) In this Act—

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

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph 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 is a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.