Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 118

118 Alcohol or drug test results generally inadmissible

(1) Evidence of the following is inadmissible in a civil or criminal proceeding before a court—

(a) a requirement of the chief executive made under section 116 (1) having been made;

(b) the result of any test conducted under section 116 .

(2) Also, the chief executive and anyone else involved in any way in anything under section 116 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.

(3) This section does not apply to—

(a) a proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or

(b) an inquest in a Coroners Court into the death of a person; or

(c) a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or

(d) an investigation or other proceeding under the Crime and Corruption Act 2001 ; or

(e) disciplinary action as provided for under the Public Sector Ethics Act 1994 .