63. (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 or the subject of an appeal under section 15 of the Education (Welfare) Act 2000;

(b) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of either the Agency or a service provider;

(c) an action taken by the Agency 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 Agency or a service provider;

(e) a matter relating to or affecting the terms or conditions of a contract of employment that the Agency or a service provider proposes to enter into or of a contract with a consultant or adviser that the Agency proposes to enter into under section 55;

(f) a matter relating to the Social Welfare Acts;

(g) a matter that could prejudice an investigation being undertaken by the Garda Síochána;

(h) a matter that has been brought before any other complaints procedure established under an enactment.

(2) Subsection (1)(h) 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.