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Garda Vetting/ Probation Act

  • 17-10-2017 3:23pm
    #1
    pastorbarrett
    Registered Users, Registered Users 2 Posts: 605 ✭✭✭


    If afforded the probation act in district court in respect of possession of drugs (first and only offence), is this disclosed on vetting application to employers?

    I'm confused by what I found so far. According to the info on the Garda vetting site relating to Probation Act provisions, offences are not disclosed except in cases where the offence gives rise to bona fide concerns that the person involved may cause harm to a child or vulnerable adult.

    However, when I sought to clarify with the vetting office people over phone, they said such an offence as mentioned above would be disclosed, and effectively counts as a conviction.

    Also, does anyone know if you are told first that such a disclosure may be made about you, i.e. prior to employer finding out? I notice in some instances you can appeal disclosures etc.


Comments

  • #2
    Asus X540L
    Registered Users Posts: 1,453 ✭✭✭Asus X540L


    Hi,
    I'm too wondering about the above.


  • #3
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #4
    Asus X540L
    Registered Users Posts: 1,453 ✭✭✭Asus X540L


    Fred Swanson wrote: »
    This post has been deleted.

    I've heard they can disclose the probation act if you're going to working with kids or the vulnerable.

    I've also gotten the probation act and am currently undergoing the process of garda vetting and I'm a little worried.


  • #5
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Offences dealth with under S1 (1) of the Probation of Offenders Act 1907 (which are not convictions - but potentially "specified information" i.e an allegation of causing harm) are not always disclosed except in cases where the circumstances of the alleged offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.

    The vetting administrative filter allows Gardaí to decide if the specified information gives rise to the bona fide concern and then apply it to the vetting result.

    Offences dealth with under S1 (2) of the 1907 Act (which are convictions) are always disclosed.


  • #6
    Asus X540L
    Registered Users Posts: 1,453 ✭✭✭Asus X540L


    Thought this link was very interesting:

    https://www.independent.ie/irish-news/courts/woman-settles-case-against-state-over-her-garda-vetting-30041897.html


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  • #7
    Asus X540L
    Registered Users Posts: 1,453 ✭✭✭Asus X540L


    I checked the online system and my vetting is complete

    It says "disclosure viewed"

    I don't know what to think. Can a disclosure just be a statement of no convictions? And if something bad was too be disclosed, would they contact me first?

    I looked a bit online and it seems they only contact you first if they're disclosing "specific information" and not regular convictions (even though afaik I don't have any convictions, but I've still been up in court)


  • #8
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Asus X540L wrote: »
    I checked the online system and my vetting is complete

    It says "disclosure viewed"

    I don't know what to think. Can a disclosure just be a statement of no convictions? And if something bad was too be disclosed, would they contact me first?

    I looked a bit online and it seems they only contact you first if they're disclosing "specific information" and not regular convictions (even though afaik I don't have any convictions, but I've still been up in court)

    A disclosure is made even if there are no convictions and will state such, if there are convictions or specified information on the disclosure the organisation who requested the vetting supply a copy to you as soon as practicable.


  • #9
    Asus X540L
    Registered Users Posts: 1,453 ✭✭✭Asus X540L


    Passed the vetting.

    Thanks be to God.

    So OP at least in my case they don't disclose the probation act


  • #10
    BJCos
    Registered Users Posts: 1 ✭BJCos


    Asus X540L wrote: »
    Passed the vetting.

    Thanks be to God.

    So OP at least in my case they don't disclose the probation act


    How long was your probation act before the vetting approval ? I am also in this predicament, it was 6 years ago and now I am about to have an employment BG check done and really worried.


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