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Protection Of Persons Reporting Child Abuse Act, 1

Origin And Purpose Of The Act

The Protection Of Persons Reporting Child Abuse Act, 1998, came into force on 23 January, 1999 and provides protection from civil liability to persons who ‘reasonably and in good faith’ report child abuse to designated officers of health boards or the Garda Siochána.

Who Are Designated Officers Under The Act?

‘Designated Officers’ include social workers, child case workers, public health nurses, hospital consultants, non-consultant hospital doctors, all other health boards’ medical and dental personnel, community welfare officers, speech and language therapists, physiotherapists, psychologists, occupational therapists, substance abuse counsellors, care assistants and home helps.

The Chief Executive Officer (CEO) of each health board must appoint persons as ‘designated officers’ to receive reports under the Act.

What Are The Main Protections And Offences Under The Act?

The main protections under the Act are –

  • to protect persons who report child abuse from penalisation by their employers;

  • and the creation of a new offence of false reporting of child abuse.

    The Act provides protection from civil liability for persons who, acting ‘reasonably and in good faith’, report to a Designated Officer or the Garda Siochána that –

  • a child has been or is being assaulted, ill-treated, neglected or sexually abused;

  • a child’s health, development or welfare has been or is being avoidably impaired or neglected.

    Persons so reporting are protected against dismissal or discrimination.  There is a saving provision which specifies that the statutory immunity provided to persons reporting child abuse is additional to any defences already available under any other enactment or rule of law in force immediately before the passing of the Act.

    How Can Complaints Of Dismissal Or Discrimination Be Raised?

    Persons can complain to a Rights Commissioner. The Rights Commissioner, if necessary, will investigate the complaint and, if it is proven, direct the employer to take a specific course of action to redress the situation. Such action could include re-instatement, re-engagement or financial compensation of up to two years’ remuneration.

    Either party may appeal a Rights Commissioner Decision, within six (6) weeks, to the Employment Appeals Tribunal (EAT) who, if necessary, will hear the parties and issue a Determination either upholding, upsetting or varying the Rights Commissioner Decision.  If an employer refuses to implement a Rights Commissioner Decision within six (6) weeks, appeal may be made to the EAT which, without hearing the employer, will issue a Determination upholding, upsetting or varying the Rights Commissioner Decision.  Hearings are held in private.

    Is There A Time Limit For Raising A Complaint?

    Yes. A complaint must be raised within twelve (12) months from the date of the contravention of the Act. In exceptional circumstances, this limit may be raised by a further six (6) months.

    Can An Employee Who Reports Child Abuse And Is Dismissed Take A Case Under The Unfair Dismissals Acts, 1977-2001?

    Yes. Redress will not, however, be given under both Acts. The normal requirement for one year’s continuous service, within the meaning of the Unfair Dismissals Acts, 1977-2001, shall not apply.

    Appeals To The Courts Of Law

    The appeal mechanisms are as under the Terms Of Employment (Information) Act, 1994.

    Either party may, on a point of law, appeal to the High Court.  If the employer refuses within six (6) weeks to implement an EAT Determination, the employee, their trade union or the Minister may apply to the District Court seeking an Order to direct the employer to comply. The Court may also order the employer to pay interest on the amount of financial compensation awarded.

    What Happens If Someone Is Falsely Accused Of Abusing A Child?

    This is an offence if the person making the report does so ‘knowing the statement to be false’. The penalty for conviction on such an offence is a fine or imprisonment.




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