Here is some information about some of the common public transport complaint issues we see. If you would like to discuss your public transport complaint, please contact us.
You can be fined for traveling on public transport without a valid ticket or without proof of your concession entitlement. You can also be fined for behaviours like smoking, drinking alcohol, putting your feet on the seats or littering on public transport. The Department of Transport and Planning (DTP) website has a full list of public transport offences and fine amounts. If an Authorised Officer (AO) thinks you have committed an offence, they will report this to the Department of Transport and Planning (DTP). If an AO asks for your name and address, you are required by law to give them this information so it can be added to the AO’s Report. The AO cannot fine you on the spot. Their report is submitted to DTP who assess it and decide whether to fine you. You have the right to ask DTP to re-consider its decision to fine you, if you think there’s a reason you shouldn’t have to pay the fine. You can access your right to a fine review through DTP’s Internal Review process. If DTP reviews your fine and confirms its decision to fine you, the PTO may be able to help if the reason you applied for a review was due to: First, wait to see if you get an Infringement Notice in the mail. When an AO takes your details, they also fill out a Report that gets sent to the Department of Transport and Planning (DTP). DTP reviews this Report and decides whether to fine you. Sometimes, DTP will send you a warning instead of a fine. If DTP does decide to fine you, you will get a fine in the mail in about 4 - 6 weeks. The fine is called an Infringement Notice. The first step is to ask the Department of Transport and Planning (DTP) to do an Internal Review of your fine. This means DTP will re-consider its decision to fine you, based on the information you give them. If you apply for an Internal Review, you can expect one of the following outcomes: DTP should give you the outcome in writing within 90 days. It is important to apply for an Internal Review before the due date on your Infringement Notice: Apply to the Department of Transport and Planning (DTP) in writing. To make sure your application is valid you must: If the reason you give falls under special or exceptional circumstances, attach any documents that help prove of this. For example: photos, a medical certificate or a case worker’s letter. Read more about the types of documentary proof that DTP requires. You can only ask DTP to do an Internal Review once. It’s a good idea to get advice or support with your application, if you need it: If the Department of Transport and Planning (DTP) confirms its decision to fine you, you can: Community Legal Centres (CLCs) give free legal advice to the public, including advice about fines. Search by suburb or locality to find a general or specialist CLC in your area. Specialist CLCs include Youthlaw, who give free advice and support to people under 25, and the Mental Health Legal Centre, who give free advice and support to people with lived experience of mental illness. Legal Aid also gives advice about getting legal help and support with fines, including help at court. You can read more about going to court to challenge a fine at Victoria Legal Aid and Department of Transport and Planning. Once a fine gets to ‘Final Demand’ stage it has been referred to Fines Victoria. This means it’s too late to ask the Department of Transport and Planning to do an Internal Review. If you have a ‘Final Demand’ notice and want to request a review of your fine, you need to contact Fines Victoria. You can read more about your options once your fine is with Fines Victoria at the Legal Aid Victoria website. You may want to get legal advice about these options, and how they apply to you: If you have been reported, or have received a fine that you think is unfair, seek a review by the Department of Transport and Planning. If you are dissatisfied with the way your review request has been handled, call us and tell us about what has happened, and we will see if we can help. If we cannot help, we will let you know why, and who might be able to assist further. Myki is the smart card public transport ticketing system in Victoria. You can use myki on: There is information on PTV’s website about myki and other travel conditions. You can also call the PTV call centre on 1800 800 007 for advice. The conditions of travel are set out in the Victorian Fares and Ticketing Manual (VFTM). You can look at the VFTM on the PTV website here. Here are some of the common myki complaint issues we receive at the Public Transport Ombudsman’s office: There are different concession mykis. A concession myki requires you to travel with proof of entitlement to the concession myki. Information about entitlement to a concession myki can be found on the PTV website or you can contact the PTV call centre on 1800 800 007 for advice. If you travel with a concession myki and you do not have the correct proof of entitlement, you may be issued with a fine. If you are aged 5 to 18, you can travel on a Child myki. If you are aged 17 and 18 and travelling on a Child myki, you will need to carry government-issued proof of age ID, or another concession entitlement. Information about travelling on a Child myki can be found on the PTV website. If you’re a Victorian undergraduate student studying full-time you may be able to travel on a concession myki. You will need to travel with a PTV Tertiary Student ID and carry this with you when you travel. You can find out more on the PTV website. If you travel on a concession myki with a Health Care Card as proof of entitlement, the Health Care Card needs to be issued in your name. Any dependents listed on the Health Care Card cannot use it as proof of entitlement. While being listed on a Health Care Card may offer some concession entitlements elsewhere, it doesn’t apply to public transport. We look at complaints from consumers who have travelled on the wrong myki and been charged incorrectly. When we investigate these complaints, we will look at the consumer’s individual circumstances and the cost of the fare charges. Consumers are entitled to a refund of any unused balance owing on their myki card. Refund and reimbursement requests can be made through your online account or the PTV call centre. If a myki is submitted for a refund, the card is cancelled, and the entire balance refunded. Many of the refund and reimbursement public transport complaints we look at involve passes, rather than myki money. When PTV says ‘unused’ in relation to passes it means passes that either have not been activated or have pass days remaining. PTV doesn’t provide refunds for expired passes, or for pass days that have been used. It is important to understand that if a pass has been activated, pass days are being used even if the pass isn’t being used for travel. Sometimes consumers may be entitled to reimbursement for used pass days or myki money fares. Requests can be made for ticketing equipment faults, medical conditions and other special circumstances. We look complaints from consumers about refund or reimbursement amounts. When we investigate these complaints, we look at the how the refund and reimbursement was calculated and the consumer’s individual circumstances to understand if the most appropriate request was made, and if any refund or reimbursement payment is correct. The myki system is designed to charge a fare at the end of a journey and when a myki is touched off. However, there isn’t always a requirement to touch off. For example, if you’re travelling on a tram within zone 1 you don’t need to touch off your myki. If a myki isn’t touched off, a default fare might be charged. This might be more than or the same amount as the highest fare possible. A default fare can be a significant amount if you are travelling in a regional area. A default fare might not be charged for some time, depending on how often a myki is used. This can be confusing for passengers when checking their myki money balance or travel history. We look at public transport complaints from consumers who have been overcharged or charged a default fare. When we investigate these complaints, we look at the consumer’s individual circumstances and what a fair and reasonable outcome to the complaint would be. When we look at a public transport complaint, we can consider what compensation may be appropriate to resolve the complaint. It is important to realise that not every complaint will result in compensation. Here are some examples of when we would consider compensation for loss suffered by a consumer: We do not consider compensation for the following types of claims: In some circumstances, we can consider claims for loss caused by personal injury. Claims for costs associated with personal injury can be very complex and involve amounts of money greater than the Public Transport Ombudsman’s binding decision monetary limits ($5,000 or $10,000 with the consent of the public transport operator). We will only consider claims for actual costs incurred or loss suffered, and not future or ongoing loss. We will carefully review your claim to ensure we are the most appropriate body to handle your public transport complaint. We may refer you to the Transport Accident Commission (TAC), as no fault compensation may be payable if the injury was as a result of a transport accident involving a public transport service. To help us investigate your public transport complaint, you need to give us: We will consider all the information provided by you and the public transport operator when we assess your claim for compensation. This includes: If following our investigation we think payment of compensation is appropriate, we will work with you and the operator to reach a fair and reasonable outcome. Aside from compensation, there are several other outcomes that could be appropriate to resolve your complaint. They include: If an agreed outcome cannot be reached, we will look at whether further investigation of your public transport complaint is warranted. We will speak to you about your options at that time. Authorised Officers (AOs) are employed by bus, train and tram operators in Victoria. Their job is to check tickets, help prevent anti-social and unsafe behaviours, and help passengers during special events and service disruptions. AOs are also employed to report public transport offences to the Department of Transport and Planning (DTP). Public transport offences include travelling without a valid ticket, not having proof of concession, and smoking or littering on public transport. If a person commits an offence, DTP may fine them. AOs must comply with the Authorised Officers Code of Conduct. The code says that AOs must be respectful to members of the public; consider passenger safety and comfort while doing their job; and comply with data privacy protocols when recording passengers’ personal information. AOs are authorised by the Victorian government to: If you don’t comply with these requests, you could be charged with an offence or arrested. AOs can arrest and detain a person until police arrive. The section below covers FAQs and complaints about Authorised Officers. If your question isn’t covered contact the PTO team for advice. Contact the operator of the train, tram or bus service the Authorised Officer (AO) was working on. If you don’t know which operator to contact, contact Public Transport Victoria (PTV). PTV will send your complaint to the right operator. If you’re not happy with the response you get from the operator, you can contact the Public Transport Ombudsman (PTO) to independently review your complaint. Although the PTO shares responsibility for AO complaints with the Victorian Ombudsman, we can review most complaints about AO conduct. If we assess your complaint and find that it falls under the Victorian Ombudsman’s area of responsibility, we will refer your complaint to their office. The Victorian Ombudsman is responsible for AO complaints about excessive use of force or unlawful restraint, or police involvement beyond proof of passenger identity. First, wait to see if you get a fine in the mail. When an AO takes your details, they also fill out a report for the Department of Transport and Planning (DTP). DTP reviews this report and decides whether to fine you. Sometimes, DTP may give you a warning instead of a fine. If DTP does fine you, you will get a fine in the mail in about 4 - 6 weeks. If you get a fine, you have the right to ask DTP to review its decision to fine you. For more on how to apply for a fine review, see the ‘Public Transport Fines’ section of this page. If an AO asks for your name and address, you are required by law to tell them. An Authorised Officer (AO) can only ask for your name and address if they think you have committed a public transport offence. The AO must tell you why they think this, and what the offence is. The AO will include your name and address in the report they send to the Department of Transport and Planning. An AO can also ask to see identification that proves your name and address. If you can’t show them identification, they may ask you to call a relative to confirm your details. If you refuse to give an AO your details, or give them false information, you could be charged with an offence or arrested. An AO can arrest you until police arrive if you refuse to comply. Authorised Officers (AO) may work in plain clothes or in uniform. They must carry an approved Authorised Officer badge, photo identification, and a portable myki reader. An AO is required to show their badge and photo identification: If someone tells you they are an AO but can’t show you their badge and identification: Protective Service Officers (PSOs) provide specialist protective services for the general public at metropolitan and major regional railway stations from 6.00pm until the last train of the evening, seven days a week. While on duty at train stations, PSOs have several powers, including: PSOs are recruited, trained and employed by Victoria Police. Victoria Police is not a member of the Public Transport Ombudsman scheme therefore we are unable to look at complaints about PSOs. You can make a complaint about a PSO to: Victoria Police – The Police Conduct Unit (complaints and compliments), Ethical Standards Department. Telephone: 1300 363 101 Email: We can investigate complaints about noise and public transport. However, there are some significant limits to our jurisdiction which are explained below. When you make a noise complaint to us, you will need to provide the following information: You will need to tell us what you are seeking to resolve your complaint and we will discuss with you whether this is likely to be achieved through our process. Where relevant, we may look at what measures you have implemented to reduce the impact of noise on your property. We will consider all the information provided in assessing the merits of your noise complaint. This will include investigating: We may arrange a site visit which allows us to meet with you and the operator and identify the noise that is of concern. A site visit is useful because it ensures the nature of the complaint is understood by everyone and all parties will have the opportunity to hear the noise and assess whether it is unusual or standard operational noise. There are limits to our jurisdiction in relation to noise complaints. The Ombudsman can make a binding decision up to the value of $5,000 or $10,000 with the agreement of the public transport operator. The likely costs involved in making changes to infrastructure or rolling stock to eliminate the cause of noise would in most cases exceed our monetary limit. Tram and train operators have exemptions from some environmental controls under legislation, which generally place the needs of operators to run an efficient and effective passenger service for the general public ahead of the rights of individuals to quiet enjoyment of their property. Responsibility for the specification and design of trains, trams, sidings, depots, stations and platforms rest with the Victorian Government, therefore we cannot investigate this aspect of a noise complaint. We can identify when an operator is not complying with legislation, regulation or standards, but we do not have an enforcement role. We need to refer these issues to the relevant regulator or enforcement body, which can include PTV or the Environmental Protection Agency (EPA). Noise complaints can involve complex issues and in some instances the outcome being sought (cessation of all noise) may not be possible. We may consider that other remedies should be provided to ensure a fair and reasonable outcome is achieved, in the context of our jurisdiction. These remedies may include: We aim to resolve complaints through agreement, but when investigating noise complaints this is often not possible. If your complaint cannot be resolved through agreement and we cannot assist further, we will try to refer you to another organisation. There are three types of complaints we typically receive about bus stops: We generally can’t look at complaints about bus stops because PTV is authorised by legislation to construct public transport infrastructure. There is no requirement for public consultation or notification in the legislation. PTV advises that it consults publicly when it creates new bus routes or substantially changes existing bus routes. However, it does not publicly consult on the location of individual bus stops. PTV generally provides written notification of a new bus stop to any property abutting the bus stop. There are several different factors PTV considers when determining the location of bus stops, including (but not limited to): PTV ensures that all new bus stops are compliant with the Disability Discrimination Act 1992 (DDA), except where there are factors outside its control such as a road with a steep gradient. PTV may build a compliant bus stop but it is not accessible because of a lack of surrounding infrastructure such as a footpath. Not all existing bus stops are DDA compliant. PTV is involved in an ongoing project to update existing bus stops to make them DDA compliant. PTV will consider requests from the public to update existing bus stops to make them DDA compliant and more accessible. Consumers should make their request to the PTV Call Centre on 1800 800 007. PTV advises that it may be a process of some months from approval before a bus stop is updated. Bus stop complaints should be referred to the PTV Call Centre. The Call Centre has information about bus stops and staff will try to resolve the complaint in the first instance. If it cannot be resolved, the complaint will be escalated internally to PTV Customer Feedback. PTV says that in rare cases, it may agree to move a new bus stop for safety reasons. Consumers with concerns about the safety of a new bus stop should contact the PTV Call Centre and their concerns can be raised with relevant staff at PTV.An Authorised Officer (AO) wrote down my details and said I might get a fine. I don’t think I should have to pay it – what can I do?
I got a public transport fine in the mail. I don’t think I should have to pay it – what can I do?
How do I apply for an Internal Review?
I applied for an Internal Review and DTP confirmed its decision to fine me. What are my options now?
My fine has reached ‘Final Demand’ stage. Can I still apply for an Internal Review
In summary
Top tips for travelling with myki
Myki complaints
Concessions
Refunds and reimbursements
Overcharging / default fares
Compensation
Personal injury
What you need to tell us
How we approach your complaint
Outcomes
How do I make a complaint about the behaviour of an Authorised Officer?
An Authorised Officer (AO) wrote down my details and said I might get a fine. I don’t think I should have to pay the fine – what can I do?
Do I have to give an Authorised Officer my name and address, or show them my ID?
How can I tell if a person who claims they are an Authorised Officer really is one?
We cannot look at complaints about Protective Service Officers
What you need to tell us
Our investigation
Site visits
Limits to our jurisdiction
Outcomes
New bus stops
Who can look at bus stop complaints?
PTV’s process for determining new bus stops
Making bus stops accessible
Making a complaint about a new bus stop
The Public Transport Ombudsman respectfully acknowledges the traditional custodians of the land on which we operate our services. We pay our respects to the ongoing living cultures of Aboriginal peoples, and to Elders past, present and future.