National Vetting Bureau (Children and Vulnerable Persons) Act 2012

PART 3

Procedures for Vetting Disclosures

Requirement for vetting disclosure in respect of certain work or activities.

12.— (1) A relevant organisation shall not—

(a) employ (whether under contract of employment or otherwise) any person to undertake relevant work or activities,

(b) enter into a contract for services with any person for the provision by that person of services which constitute relevant work or activities,

(c) permit any person to undertake relevant work or activities on behalf of the organisation (whether or not for commercial or any other consideration),

(d) in a case where the relevant organisation is a provider of any course of education, training or scheme, including an internship scheme, place or make arrangements for the placement of a person as part of such education, training or scheme, if a necessary and regular part of such placement requires the participation by the person in relevant work or activities,

unless the organisation receives a vetting disclosure from the Bureau in respect of that person.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) In proceedings for an offence under subsection (2), it shall be a defence for the accused person to show that the accused person neither knew nor could reasonably be expected to know that the work or activity to which the employment, contract, permission or placement referred to in subsection (1) constituted relevant work or activities.

(4) In the case of the—

(a) employment of, or

(b) entering into a contract for services with,

an examiner (within the meaning of the Education Act 1998 ) for the purposes of the performance by him or her on a temporary basis of functions in respect of the conduct of examinations to which Part VIII of the Education Act 1998 applies, the obligations placed on a relevant organisation pursuant to subsection (1) shall be regarded as being satisfied where such examiner is a teacher who is registered on the Register of Teachers established and maintained by the Teaching Council.

(5) This section shall not apply to any employment, contract, permission or placement referred to in subsection (1) that commenced or was entered into, given or made, as the case may be, before the commencement of this section.