Making
a complaint to the PTO
When can the PTO accept a complaint?
You must first give the relevant transport operator the chance to resolve your complaint. You do this by making a complaint to Metlink. If you are dissatisfied with the transport operator’s response, or if the public transport operator does not respond in a timely manner, you can then make a complaint to the Public Transport Ombudsman.
Your complaint must involve a matter which falls within the jurisdiction of the PTO, as set out in the PTO Charter.
If you are not sure whether the PTO can accept your complaint, contact us and we will assess your matter. If we cannot deal with your complaint, we will refer you to someone who can.
The Public Transport Ombudsman has the power to investigate and resolve complaints about:
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- Public transport operators participating in this scheme (members). See Members of the Scheme List.
- The provision or supply of public passenger transport services by or on behalf of a member of the
scheme.- Public passenger transport vehicles, facilities and land, including graffiti, vandalism and cleanliness.
- The sale of tickets, including complaints about myki, metcards, ticket machines and validators.
- The conduct or behaviour of public transport staff (including Authorised Officers), agents or contractors.
- The member’s use of land or premises, or the effect of a member’s conduct, operations or activities in
relation to land or premises.
The complaint must relate to something which happened on or after 18 April 2004.
This is a summary. Our information sheet, Complaints handled by the Public Transport Ombudsman, provides a list of the types of complaints we can receive.
Authorised officers: Since 2008, the Public Transport Ombudsman is able to investigate complaints about the exercise of statutory functions by authorised officers. This includes complaints about the conduct of authorised officers when requiring a person to provide their name and address and evidence as to the correctness of their identity, and when arresting a person. Ombudsman Victoria is also able to deal with complaints about authorised officers exercising statutory functions, although an Agreement between Ombudsman Victoria and the Public Transport Ombudsman means that the PTO will deal with most complaints in the first instance. The PTO does not review the issue of Infringement Notices or fines – see below
What complaints are not covered?
The Public Transport Ombudsman does not have the power to consider complaints about:
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- Ticket prices.
- Transport routes or service frequency.
- Free school bus services.
- Government policies.
- Matters that are required by legislation. This includes review processes for Infringement Notices
or fines, which are undertaken by Transport Infringement Administration in the Department of
Transport- Commercial activities of public transport operators that are not closely related to public passenger
transport services.- Complaints referred to a court or tribunal.
- Organisations not participating in this scheme. For participating organisations see
- Something that happened before 18 April 2004.
Members of the Scheme List.
This is a summary – see Limits on the Public Transport Industry Ombudsman jurisdiction section of the Charter for more information.
- The Public Transport Ombudsman can decline to investigate a complaint in some circumstances. This includes where the complaint is frivolous, vexatious or not made in good faith, or the complainant has insufficient interest in the subject of the complaint.
How to make a complaint to the PTO
You can make your complaint to the Public Transport Ombudsman by:
Phone:
- (03) 8623 2111
- 1800 466 865
- TTY 1800 809 623
- 9 am to 5 pm
- Monday to Friday
Fax:
- (03) 8623 2100
Online:
Email:
Mail:
- Public Transport Ombudsman
- PO Box 538
- Collins Street West
- MELBOURNE VIC 8007
We outline briefly below how we investigate complaints. For more detailed information, please read our Public Transport Ombudsman Investigations information sheet.
Where a public transport operator has had a chance to consider and respond to the complaint, the Public Transport Ombudsman can investigate. The primary aim of an investigation is to resolve the complaint.
During an investigation, the transport operator will be required to provide all relevant documentation to the Public Transport Ombudsman, usually within 14 days. We will also obtain material as required from other organisations or people who have information about the complaint.
We will canvass possible options for resolution of your complaint with both you and the relevant transport operator during the investigation. We may suggest that you to go through conciliation process with the transport operator. This is a voluntary process which can assist in the resolution of your complaint. Where a complaint is resolved, we will confirm details of the agreed outcome in writing with both you and the public transport operator.
If you aren’t satisfied with the investigation or proposed resolution of your complaint, you will be given an opportunity to say why. This may result in further investigation of your complaint, and further negotiation to see if a resolution can be reached. However, if as a result of the investigation, the Public Transport Ombudsman concludes that your complaint can’t be supported, and the public transport operator has acted fairly and reasonable, your case will be finalised and you will be told the reason for our decision.
The Public Transport Ombudsman can make a decision that is binding on the transport operator if a complaint cannot be resolved, and the public transport operator has not acted fairly or reasonably. We provide written reasons in support of any binding decision. A decision is binding on the transport provider only. You may accept or reject the decision. If you choose to reject the decision, you are free to take further action elsewhere.
The Public Transport Ombudsman has prepared Case Handling, Investigation and Resolution Guidelines to assist us in investigating complaints. We also prepare position statements outlining our approach to investigating and resolving particular categories of complaints.
How a complaint may be resolved
We have set out below some of the range of outcomes that are achieved by PTO investigations. It is important to emphasise that every complaint is different. What is a fair outcome will depend on all the circumstances, and the resolution of a complaint requires the agreement of both parties.
Some of the outcomes that might be achieved include:
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- giving you detailed information about the incident in your complaint
- the public transport operator offering an apology for the incident
- the operator offering a refund or compensation, or a good-will gesture (such as Metcards) to
resolve the complaint- the operator making changes to the way services are provided, or if appropriate, making special
arrangements to assist in accessing public transport services.
For more detailed information about possible resolutions, please read our Public Transport Ombudsman Investigations information sheet.
If either the person making a complaint or public transport operator is not satisfied with the handling of a complaint by the PTO, they may request a review. The request should generally be made in writing and include reasons for the request. The Ombudsman will personally review the matter and determine if any further investigation or action should be taken. Both parties will be advised of the outcome of the review.
Infringement Notices and Fines
Role of the PTO: The PTO was established to receive, investigate and facilitate resolution of complaints against providers of public transport services in Victoria, including Authorised Officers.
However the PTO’s jurisdiction does not extend to Government policies and legislation, including the issue and review of infringement notices or fines.
Below we have provided information about the infringement notice system. If you are uncertain about whether the PTO can deal with your complaint, please contact us on 1800 466 865 or by email enquiries@ptovic.com.au.
How infringement notices are issued: Where an Authorised Officer issues a Report of Non Compliance, the Report is forwarded to the Department of Transport (DoT). It is DoT that makes the decision about whether to issue an Infringement Notice.
If you have had an Authorised Officer write out a Report of Non Compliance and you have not received an Infringement Notice in the mail within 14 days, you may contact DoT Transport Infringement Administration enquires line on 1300 135 066 to follow up on the matter.
Options on receiving an infringement notice: When you receive an infringement notice, your options include:
- Paying the infringement notice
- Seeking a payment extension
- Having the infringement notice reviewed
- Taking the matter to court.
Information about these options and contact details for DoT can be found on the back of your Infringement Notice. If you are uncertain about how to appeal your fine or request a payment extension, you should contact DoT Transport Infringement Administration enquires line on 1300 135 066 or visit their website by clicking here.
Dissatisfaction with the Department of Transport: If you are not satisfied with the manner in which DoT has dealt with your Infringement Notice, the Victorian Ombudsman may be able to assist. The Victorian Ombudsman can be contacted on 9613 6222. Further details can be obtained from the Victorian Ombudsman website at www.ombudsman.vic.gov.au.
