s. 98 section 67, Division 6 of Part 4, Part 7, Part 9 or Part 10; or (ii) an investigation of a special constable under section 195; or (iii) a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether a Victoria Police employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or (d) in an investigation by the IBAC or a proceeding arising out of, or connected with, an investigation by the IBAC that relates to a member of Victoria Police personnel; or (e) in a proceeding arising out of, or connected with, a critical incident (including a police tort claim). (3) Subsection (2) does not apply to evidence derived from a sample obtained in accordance with section 86(2) if the person from whom the sample was taken refuses or has refused to consent to the use of the evidence. (4) To avoid doubt, subsection (2) applies to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous inquiry, investigation, determination or proceeding of a kind referred to in subsection (2). (5) In this section— includes a coronial inquest or inquiry. proceeding 98 Confidentiality of test results The Chief Commissioner must ensure that the result of any test conducted in accordance with a
section 67, Division 6 of Part 4, Part 7, Part 9 or Part 10; or (ii) an investigation of a special constable under section 195; or (iii) a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether a Victoria Police employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or (d) in an investigation by the IBAC or a proceeding arising out of, or connected with, an investigation by the IBAC that relates to a member of Victoria Police personnel; or (e) in a proceeding arising out of, or connected with, a critical incident (including a police tort claim). (3) Subsection (2) does not apply to evidence derived from a sample obtained in accordance with section 86(2) if the person from whom the sample was taken refuses or has refused to consent to the use of the evidence. (4) To avoid doubt, subsection (2) applies to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous inquiry, investigation, determination or proceeding of a kind referred to in subsection (2). (5) In this section— proceeding includes a coronial inquest or inquiry. 98 Confidentiality of test results s. 98 The Chief Commissioner must ensure that the result of any test conducted in accordance with a
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