National Vetting Bureau (Children and Vulnerable Persons) Act 2012

Retrospective vetting.

21.— (1) Where, immediately before the commencement of this section, a relevant organisation—

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

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

(c) permits a person (whether or not for commercial or any other consideration) to undertake relevant work or activities on its behalf,

the organisation shall, where the person concerned has not previously been the subject of an application for vetting disclosure under this Act, not later than such period as may be prescribed, make an application for vetting disclosure (in this Act referred to as an “application for retrospective vetting disclosure”) in respect of that person.

(2) The Minister may, in relation to the period of time referred to in subsection (1)

(a) prescribe periods of time in respect of different relevant organisations or classes of relevant organisations, and

(b) prescribe different periods of time in respect of different circumstances or classes of circumstances or in relation to different types of relevant work or activities or classes of relevant work or activities.

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

(4) This Part (other than section 12 ) shall, with any necessary modifications, apply to an application for retrospective vetting disclosure as it applies to an application for vetting disclosure under section 13 .