Health Act 2004
Matters excluded from right to complain.
48.— (1) A person is not entitled to make a complaint about any of the following matters:
(a) a matter that is or has been the subject of legal proceedings before a court or tribunal;
(b) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of either the Executive or a service provider;
(c) an action taken by the Executive or a service provider solely on the advice of a person exercising clinical judgment in the circumstances described in paragraph (b);
(d) a matter relating to the recruitment or appointment of an employee by the Executive or a service provider;
(e) a matter relating to or affecting the terms or conditions of a contract of employment that the Executive or a service provider proposes to enter into or of a contract with an adviser that the Executive proposes to enter into under section 24 ;
(f) a matter relating to the Social Welfare Acts;
(g) a matter that could be the subject of an appeal under section 60 of the Civil Registration Act 2004;
(h) a matter that could prejudice an investigation being undertaken by the Garda Síochána;
(i) a matter that has been brought before any other complaints procedure established under an enactment.
(2) Subsection (1)(i) does not prevent a complaints officer from dealing with a complaint that was made to the Ombudsman or the Ombudsman for Children and that is referred by him or her to a complaints officer.
(3) In relation to a contract referred to in subsection (1)(e) “terms or conditions” includes terms or conditions relating to superannuation benefits, disciplinary procedures or grievance procedures.