Children First Act 2015
|
PART 3 Reporting | ||
|
Mandated persons | ||
|
14. (1) Subject to subsections (3), (4), (5), (6) and (7), where a mandated person knows, believes or has reasonable grounds to suspect, on the basis of information that he or she has received, acquired or becomes aware of in the course of his or her employment or profession as such a mandated person, that a child— | ||
(a) has been harmed, | ||
(b) is being harmed, or | ||
(c) is at risk of being harmed, | ||
he or she shall, as soon as practicable, report that knowledge, belief or suspicion, as the case may be, to the Agency. | ||
(2) Where a child believes that he or she— | ||
(a) has been harmed, | ||
(b) is being harmed, or | ||
(c) is at risk of being harmed, | ||
and discloses that belief to a mandated person in the course of the mandated person’s employment or profession as such a person, the mandated person shall, subject to subsections (5), (6) and (7), as soon as practicable, report that disclosure to the Agency. | ||
(3) A mandated person shall not be required to make a report to the Agency under subsection (1) where— | ||
(a) he or she knows or believes that— | ||
(i) a child who is aged 15 years or more but less than 17 years is engaged in sexual activity, and | ||
(ii) the other party to the sexual activity concerned is not more than 2 years older than the child concerned, | ||
(b) he or she knows or believes that— | ||
(i) there is no material difference in capacity or maturity between the parties engaged in the sexual activity concerned, and | ||
(ii) the relationship between the parties engaged in the sexual activity concerned is not intimidatory or exploitative of either party, | ||
(c) he or she is satisfied that subsection (2) does not apply, and | ||
(d) the child concerned has made known to the mandated person his or her view that the activity, or information relating to it, should not be disclosed to the Agency and the mandated person relied upon that view. | ||
(4) A mandated person shall not be required to make a report to the Agency under subsection (1) where the sole basis for the mandated person’s knowledge, belief or suspicion is as a result of information he or she has acquired, received or become aware of— | ||
(a) from— | ||
(i) another mandated person, or | ||
(ii) a person, other than a mandated person, who has reported jointly with a mandated person pursuant to subsection (6)(b), | ||
that a report has been made to the Agency in respect of the child concerned by that other person, | ||
(b) pursuant to his or her role, as a member of staff of the Agency, in carrying out an assessment as to whether a child who is the subject of a report or any other child has been, is being or is at risk of being harmed, or | ||
(c) pursuant to his or her role in assisting the Agency with an assessment as to whether a child who is the subject of a report or any other child has been, is being or is at risk of being harmed. | ||
(5) Subsections (1) and (2) apply only to information that a mandated person acquires, receives or becomes aware of after the commencement of this section irrespective of whether the harm concerned occurred before or after that commencement. | ||
(6) Subject to subsection (7), a report under subsection (1) or (2) shall be made by the completion of such form as shall be specified for that purpose by the Agency (in this Act referred to as a “mandated report form”) and may be made by the mandated person— | ||
(a) himself or herself, or | ||
(b) jointly with one or more than one other person, irrespective of whether or not the other person is a mandated person. | ||
(7) Where a mandated person acting in the course of his or her employment or profession knows, believes or has reasonable grounds to suspect that a child may be at risk of immediate harm and should be removed to a place of safety, he or she may make a report to the Agency under subsection (1) or (2) other than by means of a mandated report form. | ||
(8) Where a mandated person makes a report under subsection (7), he or she shall in addition, complete a mandated report form as soon as may be but in any event not later than 3 days after the making of the first-mentioned report. | ||
(9) Any of the following matters may be prescribed: | ||
(a) the procedures that are to apply to a mandated person making a report under this section; | ||
(b) the making of a report by a mandated person jointly with one or more than one other person under this section. | ||
(10) The Agency shall make a mandated report form available in such form and manner (including on the internet) as the Agency considers appropriate. | ||
(11) The obligations imposed on a mandated person under this section are in addition to, and not in substitution for, any other obligation that the person has to disclose information to the Agency (whether or not in his or her capacity as a mandated person), but, subject to subsection (8), this section shall not require the mandated person to disclose that information to the Agency more than once. | ||
(12) Nothing in this section shall operate to affect any other obligation that a person has to disclose information to a member of An Garda Síochána under the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 or to any other person by or under any other enactment or rule of law. |