sec.5A.20Test result evidence generally inadmissible

### sec.5A.20 Test result evidence generally inadmissible Evidence of— anything done under this part; and the result of any test conducted under this part; is inadmissible in a civil or criminal proceeding before a court. Without limiting subsection (1) , evidence of any of the following is inadmissible in a civil or criminal proceeding before a court— an approval given to conduct a random alcohol test; a requirement made under division 2 , 3 or 4 ; a direction given by a person under division 3 ; a disclosure made or an agreement entered into under section 5A .21A. 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. This section does not apply to— a proceeding for a charge of an offence arising from a critical incident; or an inquest in a Coroners Court into the death of a person in a critical incident; or a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal. 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 another ground for disciplinary action because of the testing of the person under this part. s 5A.20 ins 2003 No. 67 s 5 amd 2005 No. 17 s 27 ; 2006 No. 58 s 5 ; 2016 No. 63 s 1157 sch 6 ; 2019 No. 32 s 32 sch 1 (sec.5A.20-ssec.1) Evidence of— anything done under this part; and the result of any test conducted under this part; is inadmissible in a civil or criminal proceeding before a court. (sec.5A.20-ssec.2) Without limiting subsection (1) , evidence of any of the following is inadmissible in a civil or criminal proceeding before a court— an approval given to conduct a random alcohol test; a requirement made under division 2 , 3 or 4 ; a direction given by a person under division 3 ; a disclosure made or an agreement entered into under section 5A .21A. (sec.5A.20-ssec.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. (sec.5A.20-ssec.4) This section does not apply to— a proceeding for a charge of an offence arising from a critical incident; or an inquest in a Coroners Court into the death of a person in a critical incident; or a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal. (sec.5A.20-ssec.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 another ground for disciplinary action because of the testing of the person under this part. - (a) anything done under this part; and - (b) the result of any test conducted under this part; - (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. - (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 2016 , section 317 for reinstatement because of unfair dismissal.