How to appeal Specified Information
Under Section 17 of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 and 2016 the Minister may appoint one or more persons to be appeals officers. The appeals process in relation to specified information is entirely independent of An Garda Síochána. An appeals officer appointed by the Minister shall be a practising barrister or practising solicitor of not less than 7 years standing and shall be independent in the performance of his or her functions.
Decision to appeal
Section 18 of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 and 2016 outlines the process of appeal of the determination of the Chief Bureau Officer.
Where a person wishes to appeal the determination of the Chief Bureau Officer in relation to the disclosure of specified information, he or she may, not later than 14 days after the date the notification of the determination is sent to the vetting subject, appeal to an appeals officer against that determination.
The period of 14 days may, at the request in writing of the vetting subject, be extended for a further period not exceeding 14 days, if the appeals officer determines that there is a good and sufficient reason to do so.
The appeal should be made in writing and include a statement of grounds for appeal by the vetting subject. The request should also indicate whether the vetting subject wishes the appeals officer to conduct an oral hearing for the purpose of the appeal.
Procedures on appeal
The procedure to be followed in respect of appeals is prescribed by the Minister as set out at Section 18(4) of the Act.
The appeals officer may:
- Affirm in whole or in part the determination of the Chief Bureau Officer, or
- Set aside the determination of the Chief Bureau Officer in whole or in part and replace it with such other decision as the appeals officer considers appropriate.
The appeals officer shall inform the vetting subject and the Chief Bureau Officer in writing of his or her determination and the reasons for it.
The vetting subject may withdraw an appeal at any time by sending a notice of withdrawal to the appeals officer.
Any party to an appeal may appeal to the High Court from a determination of an appeal by an appeals officer, on a point of law and the determination of the High Court in such appeals shall be final and conclusive.