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.
See Members of the Scheme List for a list of members of the scheme.
The Public Transport Ombudsman can only consider complaints after the transport operator has had a chance to respond. You make your complaint to the public transport operator by contacting 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. If you haven’t yet lodged a complaint, see Making a complaint to Metlink.
- 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 ticket machines.
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 the date when the current Public Transport Partnership Agreements between the Victorian Government and the public transport operators came into effect.
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. We have developed a Guideline for dealing with Authorised Officer Complaints to assist in our management of these matters. The PTO does not review the issue of Infringement Notices or fines – see below
What complaints are not covered
The Public Transport Ombudsman can only consider complaints after the public transport operator has had a chance to respond. Normally you give the public transport operators the chance to respond by making your complaint to Metlink. If you are dissatisfied with the public transport operator’s response you can then make a complaint to the Public Transport Ombudsman. If you haven’t yet lodged a complaint, see Making a complaint to Metlink.
- The Public Transport Ombudsman does not have the power to consider complaints about:
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Ticket prices.
Transport routes or service frequency.
Reasonable actions taken to make transport services reliable or safe, or in an emergency.
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 Members of the Scheme List.
Something that happened before 18 April 2004. This is the date when the current Public Transport Partnership Agreements between the Victorian Government and the public transport operators came into effect.
This is a summary – see Limits on the Public Transport Industry Ombudsman jurisdiction section of the Charter for more information.
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
The Public Transport Ombudsman will check that the transport operator has had a chance to consider, investigate and respond to the complaint. The Public Transport Ombudsman can only investigate the complaint after the transport operator has had this opportunity, unless the transport operator hasn’t replied within 10 working days.
The transport operator will usually provide all relevant documentation to the Public Transport Ombudsman within 14 days.
The Public Transport Ombudsman will investigate your complaint and discuss possible options for resolution of your complaint with both you and the relevant transport operator.
The Public Transport Ombudsman may suggest that you to go through a conciliation process with the transport operator. This is a voluntary process which can assist in the resolution of your complaint.
If you are satisfied with the outcome of the investigation of your complaint, or the Public Transport Ombudsman assists you to reach agreement on an appropriate resolution of your complaint your complaint will be finalised. Details of any agreement will be confirmed with both parties and your file will be closed.
If you aren’t satisfied with the proposed resolution of your complaint, and the Public Transport Ombudsman believes there is sufficient information to support a continued investigation of your case, the investigation will be continued.
If, as a result of the investigation, the Public Transport Ombudsman concludes that your complaint can’t be supported, the reason for this conclusion will be explained.
The Public Transport Ombudsman has the power to make a decision that is binding on the transport operator. The Public Transport Ombudsman will provide you and the relevant public transport operator with written reasons in support of a binding decision. The Public Transport Ombudsman will also publish binding decisions on this website. A Binding Decision is based on what is fair and reasonable, taking into account good industry practice and the relevant laws, and is binding on the transport provider only. You may accept or reject the decision, and, if you choose, take further action in another forum.
- The Public Transport Ombudsman can decline to investigate a complaint if it is determined that:
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The complaint is frivolous, vexatious or not made in good faith.
The complainant has insufficient interest in the subject of the complaint.
An investigation isn’t warranted.
The complaint is better dealt with by any other body.
The Public Transport Ombudsman prepares position statements outlining our approach to investigating and resolving particular categories of complaints. The position statements inform PTO scheme members and complainants about how we deal with particular complaints.
How a complaint may be resolved
The resolution that you reach with the public transport provider will depend upon your and the transport provider’s individual requirements, and may be influenced by a variety of factors, including how you believe the alleged events have impacted upon you. The PTO attempts to resolve each complaint on an individual basis by taking into account the circumstances of the events which led to the complaint.
The Conciliator who handles your complaint will discuss with you possible options for resolution of your complaint, and will assist you to clarify which option you believe may be most appropriate for your circumstances. The Conciliator will not tell you which option, or options, you should decide upon.
There is no obligation on your transport provider to agree to any specific suggestion resolution, and it is important that you remain flexible in your requests and expectations.
- Resolution of a complaint may involve your transport provider:
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Providing an explanation for an event;
Providing information relating to an event or incident;
Providing details of a company policy or operational procedure;
Providing an apology or expression of regret;
Providing some form of compensation, financial or in kind;
Providing goods and/or a service;
Waiving or amending a charge for a service;
Performing corrective or other work;
Deleting or amending a record, or attaching a statement from you to a record;
Doing, or stopping doing, something.
If either a complaint or public transport operator is not satisfied with the handling of a complaint by the PTO, they may formally request a review of the PTO decision. The request should be made in writing within 14 days of notification of the PTO decision, and include reasons for the request.
- The review will be conducted by the Ombudsman. Outcomes may include:
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Determining that no further investigation is required;
Re-opening the complaint to carry our further investigation.
Both the complaint and public transport operator 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.
