Queensland Consolidated Acts

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POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 5A.20

5A.20 Test result evidence generally inadmissible

(1) Evidence of--

(a) anything done under this part; and
(b) the result of any test conducted under this part;

is inadmissible in a civil or criminal proceeding before a court.

(2) Without limiting subsection (1), evidence of any of the following is inadmissible in a civil or criminal proceeding before a court--

(a) an approval given to conduct a random alcohol test;
(b) a requirement made under division 2, 3 or 4;
(c) a direction given by a person under division 3;
(d) a disclosure made or an agreement entered into under section 5A.21A.

(3) Also, the commissioner and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.

(4) This section does not apply to--

(a) a proceeding for a charge of an offence arising from a critical incident; or
(b) an inquest in a Coroners Court into the death of a person in a critical incident; or
(c) a proceeding on an application under the Industrial Relations Act 1999, section 74 for reinstatement because of unfair dismissal.

(5) Also, this section does not prevent the commissioner giving a witness identity protection certificate under the Evidence Act 1977, section 21F that includes matters mentioned in section 21G(1)(h) of that Act in relation to a person who has been found guilty of misconduct or a breach of discipline because of the testing of the person under this part.



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