65DDetermination of reviews by Commissioner

#### 65D Determination of reviews by Commissioner 65D Determination of reviews by Commissioner > > (1) Section 52(2) applies to a review carried out by the Commissioner under this division in the same way as it applies to the initial inquiry conducted by the governor under that subsection, subject to the regulations. > > > (2) The Commissioner may determine a review by— > > > > > (a) confirming the reviewable decision, or > > > > > (b) varying the reviewable decision, or > > > > > (c) setting aside the reviewable decision and substituting a new decision. > > > (3) The Commissioner may, under subsection (2), vary or set aside a penalty imposed on an inmate, or substitute a new penalty, even if the inmate has served, paid or otherwise completed the penalty imposed by the governor in relation to the reviewable decision. > > > (4) Following a review, the Commissioner may also direct that remedial action the Commissioner considers appropriate be taken in relation to the inmate to give effect to the Commissioner’s decision on the review. > > > (5) The remedial action under subsection (4) includes, but is not limited to, the following— > > > > > (a) in relation to a penalty imposed by the governor under section 53(1)(d)—paying money to the inmate that would have been paid to the inmate under section 7 if the penalty had not been imposed by the governor, > > > > > (b) in relation to a penalty imposed by the governor under section 59—repaying the inmate the amount of compensation paid by the inmate under that section, > > > > > (c) other action prescribed by the regulations. > > > (6) Despite subsection (3) and section 65C(3), an inmate is not required to serve or complete a penalty imposed by the Commissioner following a review under this division if the inmate has served, paid or otherwise completed the penalty imposed by the governor in relation to the reviewable decision. > > **s 65D:** Ins 2025 No 7, Sch 2\[3\].