Order On Obtaining Criminal Records Disclos Gestures In Recruitment And Employment Of Person's In Certain Schools And Certain Voluntary Associations

Original Language Title: Order On Obtaining Criminal Records Disclosures In Recruitment And Employment Of Persons In Certain Schools And Certain Voluntary Associations

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121370

Notice concerning obtainment of certificate of child recruitment and employment of persons in certain schools and certain voluntary associations

Under section 2, paragraphs 1 and 4 of law No. 520 of 21. June 2005 about obtaining children's certificate in relating to the recruitment of staff, etc. shall be determined:

§ 1. Authorities, schools and voluntary associations within the Ministry of education jurisdiction must obtain children's certificate before they hire or employ persons who, in the course of carrying out their duties must have direct contact with children under the age of 15 years, see. § 2.

(2). Commissioning of a children's certificate shall be made in accordance with the rules laid down in section 2 and with the rules that apply to such certificates in section 36 of the Ordinance concerning the processing of personal data in the central register of criminal sentences (criminal records), including that the information concerned, has granted written consent to provision.

§ 2. The following authorities, schools and associations must obtain children's certificate for persons on the basis of a fixed attachment to the Office, school or association shall exercise functions as managers, teachers, swim teachers, educators, educator assistants, caretakers, school psychologists, speech/hearing educators, students on placement, coaches, instructors, assistants, as well as replacements and temporary workers in those fields:





1) municipal councils in the capacity of school authority.

2) Regional Council in the capacity of school authority.

3) Free primary schools and private colleges with school Department, offering training in accordance with the law on private schools and private primary schools, etc.

4) After schools.

5) associations, which are members of the Danish Youth Council.





(2). By fixed mapping means that it is the intention of employment or the employment will start from that person's affiliation with the authority, school or association must have more than one-off or short-term nature. Children's certificate shall in any case be obtained under paragraph 1 no later than 3 weeks after the date on which a person has been assigned authority, school or Association for more than 3 months, and the person within this period in at least three cases or for a continuous period of more than one week's duration has functioned and continues to function in one of the posts referred to in paragraph 1, or functions.

(3). That must not again be obtained child certificate for a person referred to in paragraph 1, if they are transferred to other employment or employment within the same authority, school or association. The same applies, if the person either reinstated or genbeskæftiges when the interruption is due to natural breaks, including the transition to a new school year or a new season.

§ 3. Intentional violation of paragraph 2 are punishable by a fine. However, this does not apply for public administration authorities of violations. That can be imposed on companies, etc. (private legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(2). Offences covered by paragraph 1, denounced by the public.

§ 4. The notice shall enter into force on the 1. October 2008.

(2). Executive Order No. 1396 of 12. December 2006 on the commissioning of child certificate upon recruitment and employment of persons in certain schools and certain voluntary associations are repealed.
The Ministry of education, the 22. September 2008 P.M.V. Torben Kornbech Rasmussen Kst. head/Kirsten Lippert