{"id":2707,"date":"2021-09-28T21:49:53","date_gmt":"2021-09-28T21:49:53","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2707"},"modified":"2024-03-16T14:43:10","modified_gmt":"2024-03-16T14:43:10","slug":"child-protection","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/child-protection\/","title":{"rendered":"Child Abuse Reporting"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/child-protection\/#Immunity_for_Reporting\" title=\"Immunity for Reporting\">Immunity for Reporting<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/child-protection\/#Mandatory_Reporting\" title=\"Mandatory Reporting\">Mandatory Reporting<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/child-protection\/#Providers_of_Services\" title=\"Providers of Services\">Providers of Services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/child-protection\/#The_Child_Safeguarding_Statement\" title=\"The Child Safeguarding Statement\">The Child Safeguarding Statement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/child-protection\/#Mandated_Persons\" title=\"Mandated Persons\">Mandated Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/child-protection\/#Other_Obligations\" title=\"Other Obligations\">Other Obligations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/child-protection\/#Implementation_Group\" title=\"Implementation Group\">Implementation Group<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/child-protection\/#Sectoral_Plans\" title=\"Sectoral Plans\">Sectoral Plans<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/child-protection\/#Mandated_Activities\" title=\"Mandated Activities\">Mandated Activities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/child-protection\/#Mandated_Roles\" title=\"Mandated Roles\">Mandated Roles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/child-protection\/#Offences_Concerned\" title=\"Offences Concerned\">Offences Concerned<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/child-protection\/2\/#PROTECTIONS_FOR_PERSONS_REPORTING_CHILD_ABUSE_ACT_1998\" title=\"PROTECTIONS FOR PERSONS REPORTING CHILD ABUSE ACT 1998\">PROTECTIONS FOR PERSONS REPORTING CHILD ABUSE ACT 1998<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/child-protection\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/child-protection\/2\/#Protection_from_civil_liability_of_persons_who_have_reported_child_abuse\" title=\"Protection from civil liability of persons who have reported child abuse.\">Protection from civil liability of persons who have reported child abuse.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/child-protection\/2\/#Protection_of_employees_from_penalisation_for_having_reported_child_abuse\" title=\"Protection of employees from penalisation for having reported child abuse.\">Protection of employees from penalisation for having reported child abuse.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/child-protection\/2\/#False_reporting_of_child_abuse\" title=\"False reporting of child abuse.\">False reporting of child abuse.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/child-protection\/2\/#Saving\" title=\"Saving.\">Saving.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Immunity_for_Reporting\"><\/span>Immunity for Reporting<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Protection for Person Reporting Child Abuse Act 1998 provides protection from civil liability for persons who make a report in good faith.\u00a0 They are also protected from penalisation in employment.<\/p>\n<p>A person shall not be liable in damages in respect of communications in writing or otherwise to an appropriate person (being a designated officer or a member from Garda Siochana) if he communicates that a child is being assaulted, ill-treated, neglected or sexually abused or the child&#8217;s health development or welfare is being avoidably impaired or neglected unless it is proved that the person has not acted\u00a0reasonably and in good faith in forming the opinion and communicating it to the appropriate person.<\/p>\n<p>An employer shall not penalize an employee for forming an opinion and communicating it to the appropriate person if he has acted reasonably and in good faith.<\/p>\n<p>There are provisions for the protection of an employee against unfair dismissal, and penalization etc.\u00a0 There are standalone provisions for complaints to Rights Commissioners (now the Workplace Relations Commission).\u00a0 The provisions of other employment legislation are applied.<\/p>\n<p>If a person communicates to an appropriate person that a child has been assaulted, is being assaulted, has been assaulted, ill-treated, neglected or sexually abused or that the child&#8217;s health development or welfare is or has been avoidably impaired or neglected knowing the statement to be false is guilty of an offence.<\/p>\n<p>A person convicted of such an offence may be subject on summary conviction to a fine not exceeding \u00a31,500 or imprisonment up to 12 months or an indictment up to \u00a315,000 and three years&#8217; imprisonment.\u00a0 The offence may be brought within two years summarily.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mandatory_Reporting\"><\/span>Mandatory Reporting<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Children First \u00a0National Guidelines for the Protection and Welfare of Children were published in 1999. It is used for the identification, assessment, reporting and management of child abuse. It informs child protection guidelines and practices. Under the Act, the best interest of the child is the paramount consideration.<\/p>\n<p>The Children First Act 2015 provides that certain professionals and others working with children have statutory reporting obligations. Certain persons providing services to children must undertake an assessment of the risk of harm to the child where the child is availing of the services. Certain providers are to provide a child Safeguarding Statement under the Act.<\/p>\n<p>The Minister for Children may issue and publish guidelines for the purpose of providing guidance to persons in respect of the protection and welfare of children.<\/p>\n<p>The legislation does not apply to an individual who undertakes any work or activity in the course of their family relationship, where the work or activity undertaken is solely for the benefit of the child or family member or where the work or activity is undertaken in the course of the personal relationship or is given on an occasional basis for no consideration.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Providers_of_Services\"><\/span>Providers of Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Relevant services under the Act are services including work or activities involving access to, or contact with, children. They are detailed in the schedule to the legislation. A provider of relevant services must ensure, insofar as practicable, that a child availing of its service is kept safe from harm.<\/p>\n<p>Harm in this context means assault, ill-treatment, neglect, or sexual abuse of the child. It may constitute a single act, omission or circumstance or a series or combination of acts, omissions, or circumstances.<\/p>\n<p>Where a person proposes to provide relevant services, he must, within three months, carry out a risk assessment or prepare a child Safeguarding Statement. A person providing relevant services prior to the legislation was required to do so within three months after the commencement of the legislation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Child_Safeguarding_Statement\"><\/span>The Child Safeguarding Statement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It must include a written assessment of risk. It must outline procedures to manage risk. It must provide for procedures in relation <strong>t<\/strong>o an employee who is the subject of an investigation in respect of any act or omission with regard to a child.<\/p>\n<p>The Safeguarding Statement is to include an outline of procedures in place for reducing any identified risk, including those in the context of the recruitment of staff, provision of information, instruction and training to staff, reporting to the Child and Family Agency by an employer in accordance with ministerial guidelines under the Act, and a list of mandated persons in relation to the relevant service, if any.<\/p>\n<p>The provider of a relevant services must make a copy of the child Safeguarding Statement available to members of the staff and on request to a parent or guardian, Child and Family Agency, to members of the public.<\/p>\n<p>The provider must display the statement or a review of the statement in a prominent position at the place where the service is provided. The Minister for Children and Youth Affairs may make regulations in relation to the statement. The statement is to be reviewed every 24 months.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mandated_Persons\"><\/span>Mandated Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation defines certain professions and persons in the specified occupations as mandated persons who are required in certain circumstances to report matters to the Child and Family Agency. Where a mandated person knows, believes or has reasonable grounds to suspect that a child is being harmed, has been harmed, or is at risk of being harmed, he or she shall report the belief or suspicion to the Agency as soon as practicable.<\/p>\n<p>Where a child makes a disclosure to a mandated person that he or she believes that he or she is being, has been harmed, or is at risk of being harmed, the mandated person shall, as soon as practicable, report that disclosure to the Child and Family Agency.<\/p>\n<p>A mandated person is not required to make a report to the Agency where the child is between 15 and 17 years and is engaged in sexual activity with a person who is not more than two years older than the child, \u00a0where the mandated person knows or believes there is no material difference in capacity or maturity between the parties, \u00a0where the child has made known his or her view that a report should not be made to the Agency and where the mandated person has relied on that view. This does not apply where the child has made the disclosure to a mandated person.<\/p>\n<p>A mandated person is not to be required to report where the sole basis for his knowledge, belief or suspicion of harm is as a result of becoming aware that another mandated person has made a report to the Agency.<\/p>\n<p>A mandated person is required to make a report only if he or she becomes aware of the information after the commencement of the legislation.<\/p>\n<p>The report is to be in a format to be published by the Child and Family Agency. It may be made jointly by two or more mandated persons. The Minister for Children and Youth Affairs may make regulations regarding the procedures.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Obligations\"><\/span>Other Obligations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The reporting obligations are in addition to and not in substitution of other obligations whereby the mandated person has to disclose information to the Agency. This does not give rise to a requirement to make more than one report.<\/p>\n<p>Nothing affects the obligation the person has to disclose information to the Garda S\u00edoch\u00e1na under the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 or any other rule of law.<\/p>\n<p>The mandated person may be requested to assist The Child and Family Agency and to give it such information and assistance as it may reasonably require. The assistance includes the provision of verbal or written reports, attendance at meetings arranged by the Agency and the production to the Agency of any document or thing.<\/p>\n<p>The Agency may share information concerning a child who is the subject of the report with a mandated person who is assisting the Agency. The sharing is only such as shall be considered necessary and proportionate in the circumstances.<\/p>\n<p>All information shared with the mandated person during the course of the assessment shall not be disclosed to a third party by that mandated person unless in circumstances authorised by law or where disclosure is authorised in writing by the Agency.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Implementation_Group\"><\/span>Implementation Group<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Child First Act provides for the establishment of a Child First Inter-Departmental Implementation Group to perform the functions assigned to it under the Act. The membership is to consist of a chairman, who is to be an official of the Department of Children and Youth Affairs to be appointed by the Minister.<\/p>\n<p>There are to be at least 17 ordinary members, including an official from each Department of State nominated by the Minister; a member of An Garda S\u00edoch\u00e1na nominated by the Garda Commissioner and an employee of the Child and Family Agency nominated by the chief executive officer of the Agency.<\/p>\n<p>The functions of the Group are to:<\/p>\n<ul>\n<li>promote compliance by Departments of State with their obligations under the Act,<\/li>\n<li>monitor implementation of the Act and guidelines issued by the Minister,<\/li>\n<li>provide support to the Departments in respect of the preparation and publication of sectoral implementation plans,<\/li>\n<li>promote a consistent approach by Departments of State in respect of the preparation and publication of sectoral implementation plans,<\/li>\n<li>report to the Minister, when requested, on the implementation of the Act and guidelines,<\/li>\n<li>provide information or advice or make proposals to the Minister on matters relating to the functions of the Implementation Group.<\/li>\n<\/ul>\n<p>The Minister may give directions in writing to the Implementation Group, requiring it to comply with Government policy from time to time.<\/p>\n<p>The Implementation Group is to provide an annual report to the Minister to include information regarding matters as the Minister shall, from time to time, direct. The Minister may also require the Implementation Group to supply a report of any matter connected with its functions as may be specified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sectoral_Plans\"><\/span>Sectoral Plans<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Each Minister of State shall publish a sectoral implementation plan concerning relevant services provided by the Department concerned and concerning that provided by bodies in receipt of funds from the Department. It is to include the measures taken or proposed to promote, review and report compliance on the legislation and any other matters as the Minister considers appropriate.<\/p>\n<p>Copies of the sectoral implementation plans are to be laid before each House of the Oireachtas. Revised implementation plans are to be prepared after three years.<\/p>\n<p>Relevant services for the purpose of the Act are \u00a0principally \u00a0defined as work and activities, mainly involving access to contact with children.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mandated_Activities\"><\/span>Mandated Activities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Schedule 2 specifies professions or occupations that are mandated persons for the purposes of the Act. They include<\/p>\n<ul>\n<li>establishments carrying out early-year services under childcare legislation,<\/li>\n<li>a school or centre of education, under the Education Act,<\/li>\n<li>any hospital, hospice, health care centre or another centre which receives, treats, or otherwise provides physical or mental health services to children,<\/li>\n<li>a designated centre under the HIQA legislation, in so far as it relates to an institution at which residential services are provided in accordance with the Child Care Act to children with disabilities in relation to their disabilities,<\/li>\n<li>a special care unit under the childcare legislation,<\/li>\n<li>a children\u2019s detention school under the Children\u2019s Act,<\/li>\n<li>a reception or accommodation centre which provides residential accommodation services to applicants for asylum under contract to the Department of Justice where children may be accommodated,<\/li>\n<li>a centre which provides residential accommodation services to victims of domestic violence,<\/li>\n<li>any work or activity involving inspection of a service provided under the Education Act, Child Care Act, Children Act or HIQA legislation,<\/li>\n<li>any work or activity which consists of the inspection, examination and investigation by the Office of the Ombudsman for Children.<\/li>\n<li>any work or activity that consists of treatment, including assessment which may lead to treatment, therapy or counselling provided to a child.<\/li>\n<li>any work or activity which consists of the provision of educational, research, training, cultural, recreational, leisure, social or physical activities to children,<\/li>\n<li>care or supervision of children,<\/li>\n<li>formal consultation with, or formal participation by, a child in a matter that affects his or her life, whether or not for commercial or any other consideration,<\/li>\n<li>work consisting of the provision of advice or guidance services, including remotely a necessary and regular part of which involves access to, or contact with, children,<\/li>\n<li>work or activity as a minister or priest or any other person engaged in the advancement of religious beliefs which would or could bring that person into contact with a child,<\/li>\n<li>any work as a driver, assistant driver, conductor, or supervisor of a vehicle being hired or used for the purpose of conveying children who are unaccompanied by a parent or guardian,<\/li>\n<li>work or activity carried out by a member of An Garda S\u00edoch\u00e1na, a necessary and regular part of which consists mainly of the persons having access to or contact with children.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Mandated_Roles\"><\/span>Mandated Roles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The categories of mandated persons are:<\/p>\n<ul>\n<li>registered medical practitioners,<\/li>\n<li>registered nurses and midwives,<\/li>\n<li>physiotherapist,<\/li>\n<li>speech and language therapist,<\/li>\n<li>occupational therapist,<\/li>\n<li>registered dentist,<\/li>\n<li>practising and registered psychologist,<\/li>\n<li>social care workers,<\/li>\n<li>emergency medical technician,<\/li>\n<li>paramedic and advanced paramedic registered with the Pre-Hospital Emergency Care Council,<\/li>\n<li>probation officer,<\/li>\n<li>teacher,<\/li>\n<li>member of An Garda S\u00edoch\u00e1na,<\/li>\n<li>guardian ad litem,<\/li>\n<li>persons employed in any of the following: manager of domestic violence shelter; homeless provision, emergency accommodation provision; asylum seeker accommodation; addiction counsellor; psychotherapist or person involved in counselling registered with one of the voluntary professional bodies;<\/li>\n<li>member of a language school or recreational school where children reside away from home;<\/li>\n<li>member of clergy or pastoral care worker of a church;<\/li>\n<li>director of an institution where a child is detained by court order;<\/li>\n<li>child protection officer, safeguarding officer, who is employed for the purpose of performing child welfare and protection functions of religious, sporting, recreational, cultural, educational, or other bodies;<\/li>\n<li>childcare staff member employed in pre-school service;<\/li>\n<li>a person responsible for the care or management of youth work service,<\/li>\n<li>youth worker who holds a professional qualification recognised by the National Qualifications Authority, and is employed in a youth service,<\/li>\n<li>foster carer registered with the Agency,<\/li>\n<li>person carrying on a pre-school service.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Offences_Concerned\"><\/span>Offences Concerned<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The offences concerned include:<\/p>\n<ul>\n<li>rape,<\/li>\n<li>sexual assault<\/li>\n<li>incest,<\/li>\n<li>soliciting and importuning,<\/li>\n<li>defilement of child under 15 years or 17,<\/li>\n<li>pornography legislation,<\/li>\n<li>human traffic legislation,<\/li>\n<li>reckless endangerment of children;<\/li>\n<li>causing or encouraging sexual offence on a child.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<p>Number 49 of 1998<\/p>\n<h2>PROTECTIONS FOR PERSONS REPORTING CHILD ABUSE ACT 1998<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 February 2019<\/p>\n<p>This Revised Act is an administrative consolidation of the Protections for Persons Reporting Child Abuse Act 1998. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3\/1975) to keep the law under review and to undertake revision and consolidation of statute law.<\/p>\n<p>All Acts up to and including Local Government Act 2019 (1\/2019), enacted 25 January 2019, and all statutory instruments up to and including Brown Crab (Conservation Of Stocks) Regulations 2019 (S.I. No. 26 of 2019), made 1 February 2019, were considered in the preparation of this Revised Act.<\/p>\n<p>Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to<\/p>\n<p>&nbsp;<\/p>\n<p>AN ACT TO PROVIDE PROTECTION FROM CIVIL LIABILITY TO PERSONS WHO REPORT CHILD ABUSE IN CERTAIN CIRCUMSTANCES, TO PROVIDE PROTECTION TO SUCH PERSONS FROM PENALISATION BY THEIR EMPLOYERS, TO PROVIDE FOR AN OFFENCE IN RESPECT OF THE FALSE REPORTING OF CHILD ABUSE AND TO PROVIDE FOR RELATED MATTERS. [23rd December, 1998]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nAct included among Acts referred to in definition of \u201chealth and social services\u201d (23.12.2004) by Health Act 2004 (42\/2004), s. 2 and sch. 1, S.I. No. 886 of 2004.<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1994\u201d means the Terms of Employment (Information) Act, 1994;<\/p>\n<p>\u201cappropriate person\u201d means a designated officer or a member of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201cchild\u201d means a person who has not attained 18 years of age;<\/p>\n<p>\u201cemployee\u201d and \u201cemployer\u201d have the same meaning as they have in the Act of 1994;<\/p>\n<p>F1[\u2018designated officer\u2019 means an employee of the Health Service Executive or the Child and Family Agency appointed under section 2 of this Act to be a designated officer for the purposes of this Act.]<\/p>\n<p>F2[\u2026]<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Health and Children;<\/p>\n<p>\u201cwelfare\u201d, in relation to a child, comprises the moral, intellectual, physical, emotional and social welfare of the child.<\/p>\n<p>(2) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 10 item 1, S.I. No. 502 of 2013.<\/p>\n<p>F2<br \/>\nDeleted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch 7, part 9 item 1(b), S.I. No. 887 of 2004.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nFunctions transferred from Minister and Department of Health and Children to Minister and Department of Children and Youth Affairs (3.06.2011) by Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011), arts. 2, 3 and sch., subject to transitional provisions in arts. 4-8.<\/p>\n<p>2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.<\/p>\n<p>(2) References to the Department of Health and Children contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.<\/p>\n<p>3. (1) The functions vested in the Minister for Health and Children by or under the Acts specified in the Schedule are transferred to the Minister for Children and Youth Affairs.<\/p>\n<p>&#8230;<\/p>\n<p>(3) References to the Minister for Health and Children contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nPrevious affecting provision: definition substituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 9 item 1(a), S.I. No. 887 of 2004, superceded as per F-note above.<\/p>\n<p>Designated officers.<\/p>\n<p>F3[2. (1) The Health Service Executive and the Child and Family Agency shall from time to time as occasion may require (including a case in which a direction is given under this section), appoint one or more employees of the Health Service Executive or of the Child and Family Agency as the case may be, to be a designated officer or officers for the purposes of this Act; in making any such appointment, the Health Service Executive and the Child and Family Agency shall comply with any direction under this section for the time being in force.<\/p>\n<p>(2) The Minister may, with the consent of the Minister for Health, give a direction in writing to the Health Service Executive or the Minister may give a direction in writing to the Child and Family Agency requiring it to appoint to be designated officers each person falling within a category or categories of employee of the Health Service Executive or the Child and Family Agency specified in the direction.<\/p>\n<p>(3) The Minister may give a direction in writing to the Health Service Executive or the Child and Family Agency amending or revoking a direction given to it under this section (including a direction under this subsection).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 10 item 2, S.I. No. 502 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nProvision for continuation of appointment as designated officer and revocation and amendment of such appointment by the Child and Family Agency made (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 93, S.I. No. 502 of 2013.<\/p>\n<p>E4<br \/>\nPrevious affecting provision: section substituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 9 item 1(a), S.I. No. 887 of 2004, substituted as per F-note above.<\/p>\n<h4>Protection from civil liability of persons who have reported child abuse.<\/h4>\n<p>3.\u2014(1) A person who, apart from this section, would be so liable shall not be liable in damages in respect of the communication, whether in writing or otherwise, by him or her to an appropriate person of his or her opinion that\u2014<\/p>\n<p>(a) a child has been or is being assaulted, ill-treated, neglected or sexually abused, or<\/p>\n<p>(b) a child\u2019s health, development or welfare has been or is being avoidably impaired or neglected,<\/p>\n<p>unless it is proved that he or she has not acted reasonably and in good faith in forming that opinion and communicating it to the appropriate person.<\/p>\n<p>(2) The reference in subsection (1) of this section to liability in damages shall be construed as including a reference to liability to be the subject of an order providing for any other form of relief.<\/p>\n<p>F4[(3) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nInserted (15.07.2014) by Protected Disclosures Act 2014 (14\/2014), s. 24(1) and sch. 4 part 1 item 1, S.I. No. 327 of 2014.<\/p>\n<h4>Protection of employees from penalisation for having reported child abuse.<\/h4>\n<p>4.\u2014(1) An employer shall not penalise an employee for having formed an opinion of the kind referred to in section 3 of this Act and communicated it, whether in writing or otherwise, to an appropriate person if the employee has acted reasonably and in good faith in forming that opinion and communicating it to the appropriate person.<\/p>\n<p>F5[(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]<\/p>\n<p>(2) In proceedings F6[under Part 4 of the Workplace Relations Act 2015 before an adjudication officer or the Labour Court] in relation to a complaint that subsection (1) of this section has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.<\/p>\n<p>(3) If a penalisation of an employee, in contravention of subsection (1) of this section, constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts, 1977 to 1993, relief may not be granted to the employee in respect of that penalisation both F6[under Part 4 of the Workplace Relations Act 2015] and under those Acts.<\/p>\n<p>(4) An employee may present a complaint to a rights commissioner that his or her employer has contravened subsection (1) of this section in relation to him or her and, if he or she does so, the commissioner shall give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, shall give a decision in writing in relation to it and shall communicate the decision to the parties.<\/p>\n<p>F6[(5) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) shall do one or more of the following, namely\u2014<\/p>\n<p>(a) declare that the complaint was or, as the case may be, was not well founded,<\/p>\n<p>(b) require the employer to comply with subsection (1), and, for that purpose, require the employer to take a specified course of action,<\/p>\n<p>(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 104 weeks\u2019 remuneration in respect of the employee\u2019s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]<\/p>\n<p>F6[(6) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (5), shall affirm, vary or set aside the decision of the adjudication officer.]<\/p>\n<p>(7) F7[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nInserted (15.07.2014) by Protected Disclosures Act 2014 (14\/2014), s. 24(1) and sch. 4 part 1 item 1, S.I. No. 327 of 2014.<\/p>\n<p>F6<br \/>\nSubstituted (1.10.2015) by Workplace Relations Act 2015 (16\/2015), s. 52(1) and sch. 7 part 1 ref. 12(a)-(d), S.I. No. 410 of 2015, subject to transitional provisions in subs. (3).<\/p>\n<p>F7<br \/>\nRepealed (1.10.2015) by Workplace Relations Act 2015 (16\/2015), s. 52(1) and sch. 7 part 1 ref. 12(e), S.I. No. 410 of 2015, subject to transitional provisions in subs. (3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nRedress and appeal procedures for disputes under subs. (5) provided (1.10.2015) by Workplace Relations Act 2015 (16\/2015), ss. 41, 44 and sch. 5 part 1 item 8, sch. 6 part 1 item 12, sch. 6 part 2 item 12, S.I. No. 410 of 2015.<\/p>\n<p>E6<br \/>\nSubs. (1) included in definitions of \u201cemployment enactment\u201d and \u201crelevant enactment\u201d (1.08.2015) by Workplace Relations Act 2015 (16\/2015), s. 2 and sch. 1 part 2 item 2, S.I. No. 338 of 2015, with the following effects:<\/p>\n<p>\u2022 Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16\/2015), s. 26(2) and subject to termination under s. 26(4).<\/p>\n<p>\u2022 Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16\/2015), s. 27.<\/p>\n<p>\u2022 Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer\u2019s registered number or employee\u2019s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16\/2015) s. 31(5).<\/p>\n<p>\u2022 Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16\/2015), s. 32.<\/p>\n<p>\u2022 Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment\/ relevant enactment provided by Workplace Relations Act 2015 (16\/2015), s. 33.<\/p>\n<p>\u2022 Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16\/2015), s. 37.<\/p>\n<p>\u2022 Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16\/2015) s. 66(1), (2), not commenced as of date of revision.<\/p>\n<h4>False reporting of child abuse.<\/h4>\n<p>5.\u2014(1) A person who states to an appropriate person that\u2014<\/p>\n<p>(a) a child has been or is being assaulted, ill\u2013treated, neglected or sexually abused, or<\/p>\n<p>(b) a child\u2019s health, development or welfare has been or is being avoidably impaired or neglected,<\/p>\n<p>knowing that statement to be false shall be guilty of an offence.<\/p>\n<p>F8[(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 12 months or to both,<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u00a315,000 or to imprisonment for a term not exceeding 3 years or to both.<\/p>\n<p>(3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 2 years from the date on which the offence was committed or, if later, 2 years from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person&#8217;s knowledge.<\/p>\n<p>(4) For the purposes of subsection (3) of this section, a certificate signed by or on behalf of the person bringing the proceedings as to the date on which the evidence referred to in that subsection relating to the offence concerned came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nInserted (15.07.2014) by Protected Disclosures Act 2014 (14\/2014), s. 24(1) and sch. 4 part 1 item 1, S.I. No. 327 of 2014.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nApplication of subs. (2)(a) affected (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2), (3), S.I. No. 662 of 2010. The Euro equivalent of \u00a31,500 is \u20ac1,904.61.<\/p>\n<p>Definitions.<\/p>\n<p>3.\u2014 In this Part\u2014 &#8230;<\/p>\n<p>\u201cclass C fine\u201d means a fine not exceeding \u20ac2,500;<\/p>\n<p>&#8230;<\/p>\n<p>Class C fines.<\/p>\n<p>6.\u2014 &#8230;<\/p>\n<p>(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class C fine.<\/p>\n<p>(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that\u2014<\/p>\n<p>(a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and<\/p>\n<p>(b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,<\/p>\n<p>a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class C fine.<\/p>\n<p>TABLE<\/p>\n<p>Reference Number<\/p>\n<p>(1)<\/p>\n<p>Period<\/p>\n<p>(2)<\/p>\n<p>Range of amounts<\/p>\n<p>(3)<\/p>\n<p>1.<\/p>\n<p>1 January 1997 to day immediately before commencement date<\/p>\n<p>Not greater than \u20ac2,500 but greater than \u20ac1,000<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nFalse reporting of child abuse designated a serious offence (26.01.2011) by Communication (Retention of Data) Act 2011 (3\/2011), s. 1 and sch. 1 item 5, commenced on enactment.<\/p>\n<p>E8<br \/>\nIn relation to subs. (2)(b), the Euro equivalent of \u00a315,000 is \u20ac19,046.07.<\/p>\n<h4>Saving.<\/h4>\n<p>6.\u2014Section 3 of this Act is in addition to, and not in substitution for, any privilege or defence available in legal proceedings, by virtue of any enactment or rule of law in force immediately before the passing of this Act, in respect of the communication by a person to another (whether that other person is an appropriate person or not) of his or her opinion that\u2014<\/p>\n<p>(a) a child has been or is being assaulted, ill-treated, neglected or sexually abused, or<\/p>\n<p>(b) a child&#8217;s health, development or welfare has been or is being avoidably impaired or neglected.<\/p>\n<p>Short title and commencement.<\/p>\n<p>7.\u2014(1) This Act may be cited as the Protections for Persons Reporting Child Abuse Act, 1998.<\/p>\n<p>(2) This Act shall come into operation one month after its passing.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2707\" data-postid=\"2707\" class=\"themify_builder_content themify_builder_content-2707 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Immunity for Reporting The Protection for Person Reporting Child Abuse Act 1998 provides protection from civil liability for persons who make a report in good faith.\u00a0 They are also protected from penalisation in employment. A person shall not be liable in damages in respect of communications in writing or otherwise to an appropriate person (being [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[296],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2707"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2707"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2707\/revisions"}],"predecessor-version":[{"id":33190,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2707\/revisions\/33190"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2707"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2707"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2707"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}