Spring 2014

From the Ombudsman

Welcome to the Spring edition of On Track.

2014 is flying by! In the first half of this year we moved to a new office, finalised our strategic plan for 2014 to 2018, continued our program of community engagement and managed over 2,200 cases.

And we are celebrating a significant birthday this year.

Ten years of the PTO

April 2014 marked ten years since the establishment of the Public Transport Ombudsman (PTO) Ltd.

We’re very proud of our achievements since 2004. We have given assistance and advice to over 20,000 consumers, contributed to improvements across the public transport industry and had a say on some significant public policy issues. After ten years we are still in the unique position of being the only Public Transport Ombudsman in Australia.

We will toast our tenth anniversary following the PTO Ltd Annual General Meeting in October 2014.

Scheme Review

Cameron Ralph, formerly The Navigator Group, have begun an independent review of the PTO. They will consult widely for the review, speaking to community groups, public transport interest groups, members and government representatives.

The review is required under our Constitution and will look at whether we comply with the National Benchmarks for Industry Based Customer Dispute Resolution Schemes. They are accessibility, independence, fairness, accountability, efficiency and effectiveness. The review will provide us with valuable feedback and highlight areas for further development. The final report, with the PTO Board’s response, will be published on our website in early 2015

Closing the Accessibility Gap

We continue to receive positive feedback about our report into the accessibility of public transport in Victoria – Closing the Accessibility Gap. V/Line, Public Transport Victoria (PTV) and the Victorian Equal Opportunity and Human Rights Commission are among the organisations that have welcomed the report and our recommendations for improving the accessibility of public transport. Responses to the report can be viewed here.

Community Engagement

Our community engagement program took me to a number of regional towns, including forums in Shepparton, Hamilton, Euroa and Warrnambool. Consumers and community groups told us about regional transport issues that were affecting their towns.

The number of regional consumers who contact our office has increased from 5% of all contacts to 8% over the past twelve months. This could be linked to our outreach program, myki implementation in some regional areas or just increased PTO awareness.

Relocation

The PTO relocated in June 2014 with no disruption to its services to consumers, operators or stakeholders. Staff arrived at 7.30am for breakfast and to make sure phones and computers were up and running by 9am. Staff feedback on the new office is very positive – it is open plan and gives us more opportunities to communicate and collaborate while resolving complaints.

Moving on…

After four great years as Victoria’s Public Transport Ombudsman, I am relocating to Sydney and taking up the role of Energy and Water Ombudsman New South Wales in early November 2014.

The PTO Board has a transition plan in place for the PTO during the appointment process for a new Ombudsman. Simon McKenzie, PTO Operations Manager, will step into the role of Acting Ombudsman from 20 October 2014. I know you will give him support.

I would like to thank the PTO Board for their support, our members and stakeholders for working constructively with the PTO over the past four years and especially PTO staff, past and present, for commitment to social justice and their great work.

Janine Young

Ombudsman

Public Transport Ombudsman Ltd

Find out more about the PTO

You can find out more about the PTO and how we operate here.

Suggestions for future content

If you have any suggestions for future content of On Track, please let us know via enquiries@ptovic.com.au

Cases at a glance and long term trends

We received 2,207 cases in the January to June 2014 period, a 14.1% increase on the July to December 2013 period, but 7.31% down compared to January to June 2013.

When compared to the July to December 2013 period, the notable increase in complaints related to:

myki (up 98);
Metro (up 18);
Public Transport Victoria (PTV) (up 30);
V/Line (up 35);
Yarra Trams (up 22); and
Transdev (up 30).

Complaints about other bus operators fell by 24.

Long-term case trends

Over the past two years, cases have remained at the highest level since the PTO began operations in 2004.

Between 2012 and 2014 the number and percentage of myki complaints has decreased. In January to June 2014 33.3% of complaints were about myki, as compared to January to June 2012, when myki made up 49.7% of all complaints.

On the spot penalty fares

On 10 August 2014 a $75 on the spot penalty fare was introduced on metropolitan public transport in Melbourne. This was introduced by Public Transport Victoria as a further approach to reduce fare evasion – the cost of which is borne by all public transport users.

People travelling on public transport without a valid ticket or a valid concession may now be given a choice by an Authorised Officer (AO) to pay an on the spot penalty fare of $75 or receive a report of non-compliance, which may result in the Department of Transport, Infrastructure and Local Planning (DTPLI) issuing a $217 Ticket Infringement Notice (TIN) by mail.

Complaints about TINs are out of PTO jurisdiction. However, we can investigate complaints about the conduct of AOs when reporting an offence. If someone is disputing a TIN they need to appeal to the DTPLI. DTPLI is not a member of the PTO Scheme – we refer complaints to DTPLI but we don’t investigate them.

Penalty fares are different. They are issued by AOs and paid on the spot by the consumer, either by credit or debit card. If a consumer decides to pay the penalty fare the matter is dealt with immediately. The AO won’t ask for their personal details and the consumer won’t receive a TIN. The PTO can investigate all aspects of penalty fare complaints.

The penalty fare ticket states that there are no refunds or appeals; however consumers can complain directly to PTV, which has established a process to review penalty fare complaints. Consumers can lodge a complaint with our office if they are dissatisfied with PTV’s response and we will undertake an independent investigation. Outcomes could include a detailed explanation about the consumer’s experience, an apology or a monetary goodwill gesture.

We have received a small number of complaints from consumers who have received penalty fares. The complaints include issues such as the policy decision to introduce penalty fares, not being able to pay in cash and the circumstances in which a penalty fare was issued.

Consumers who are disputing a penalty fare should make contact with PTV or the PTO as soon as possible. This provides an opportunity to review all relevant information including CCTV footage if it is available.

Improving our accessibility - PTO Auslan video

Information about the PTO and how to make a complaint is now available in Auslan on the PTO website.

Earlier this year we identified a need to have information on the PTO website in Auslan, to make our services more accessible to hearing impaired consumers. This followed discussions with a number of stakeholders including Deaf Indigenous Community Consultancy. We already provide information about our service in a number of languages and this step recognised Auslan as being the first language for many deaf consumers and consumers with hearing impairment.

The PTO collaborated with Sign Language Productions at Vicdeaf to produce the following spoken word and Auslan video about what we do and how consumers can access our services.

PTO Auslan Video from Public Transport Ombudsman on Vimeo.

We are committed to making our services accessible to all consumers who have complaints about public transport services. We understand that accessibility is not just about lodging a complaint, although that is important, it is also about making our complaint process easy to understand and use.

If you have any ideas about how we can make our services more accessible, please let us know via enquiries@ptovic.com.au.

Online petitions update

In June 2014 we had another experience with an online petition about public transport services. We used this opportunity to further refine and formalise our approach to online petitions.

Late in June 2014 the PTO received a number of emails in support of a new bus service in the South Morang Hawkstowe Estate.

The emails all referred to a change.org petition. A total of 55 emails were received directly from people who had signed the petition.

The complaints were not about a matter we could investigate – our jurisdiction doesn’t include changing or extending public transport routes. When we looked at the change.org petition we discovered that the complaints were in fact addressed to PTV and our email address had been used in error.

We had to decide how to deal with the emails we received. The emails were automatically sent by change.org when people signed the petition and didn’t include contact details of the petitioners. It didn’t appear that people were expecting a response from the PTO. In addition, some of the petitioners lived overseas and most did not appear to be directly affected by the issue. If this had involved a more public issue, our information technology / email system may have been overloaded.

So we communicated our response with a public statement on our website. We explained that we could not investigate a request for an extended bus route, and referred consumers to PTV, their local MP or the Minister for Public Transport. We also contacted the person who created the petition via a LinkedIn search and explained our jurisdiction to him. The petitioner agreed to replace our email address with PTV contact details and we stopped receiving emails.

We talked about a previous experience with online petitions in On Track Summer 2014.

Through our two change.org experiences, we learnt that it is crucial to identify and separate out online petition complaints and decide quickly how to manage and respond to them. We have to appropriately address the issues raised and communicate our position clearly and publicly. And we need to deal with the complaints efficiently, without compromising our services to other consumers.

We have created a formal PTO policy and process to deal quickly and effectively with future complaints arising from online petitions. We have also shared our knowledge and experience with stakeholders and other Ombudsman schemes, to inform them of the risk management approach we have introduced.

Outreach, Policy and Research

Resolving individual complaints is a large part of what we do, but we also play an important role in community engagement and policy and research.

Community Engagement

The Ombudsman meets regularly with community groups, advocacy services and the public to raise awareness of our office and the services we offer consumers.

Our community engagement program is designed to provide consumers and the organisations that support them with information about who we are and what we do.

Homeless Network

In March 2014 the Ombudsman met with representatives of the Homeless Network in Melbourne to discuss the role of the PTO and issues affecting homeless people such as accessibility, myki and public transport fines. The discussion included an explanation by the Ombudsman of the discretion that Authorised Officers have, not to report homeless people for public transport infringements related to ticketing.

Following the meeting, the PTO became aware that support workers were being incorrectly informed that homeless people could travel on public transport without a ticket. So we undertook further work to engage with homelessness advocates and ensure the correct message was shared with advocates and community organisations. This included a presentation to Financial Counsellors via their professional development program.

Regional Outreach

In March the Ombudsman attended a public community forum in Shepparton, arranged by the Shire Council and the Disability Reference Group. PTV and V/Line also attended and members of the community were able to raise their public transport concerns with the relevant authority.

Community forums in Hamilton and Warrnambool were also attended by the PTO, representatives of PTV and local government bodies.

Bendigo Launch of community transport website

In April the PTO attended the launch in Bendigo of the “Getting Around” website, designed to connect providers and users of community transport. The website provides people with information connections to the community transport options that best suit them. Community transport initiatives, such as this website, support the ability of Victorians to travel independently and link Victorians to formal public transport services.

Future Melbourne Network

The Ombudsman was invited to speak at the Future Melbourne Network on 30 June on the topic of “Transport: The Best Way to Get There”. The panel included speakers from Bus Association Victoria, Whittlesea Council and the Public Transport Users Association.

The Ombudsman talked about the elements which create an accessible public transport system and highlighted how equitable access to public transport continues to be a significant issue for many Victorians.

Public Submissions and Hearings

Victorian Government Inquiry – Disability and Social Inclusion

Early in 2014, the PTO made a submission to the Family and Community Development Committee Inquiry into social inclusion and Victorians with a disability. Following our submission, the Ombudsman was invited to give evidence at a Committee hearing on 10 June 2014 about accessibility and public transport.

The Ombudsman talked about initiatives to promote and increase social inclusion for people with a disability, including the identification and investigation of systemic accessibility issues, community transport and the PTO’s community outreach program.

Productivity Commission Inquiry – Access to Justice

The Productivity Commission released its draft report of its Inquiry into Access to Justice Arrangement in May 2014. The report highlights the role played by industry based ombudsman schemes such as the PTO, and suggests they can play a greater role in providing access to justice to the community.

The Ombudsman subsequently gave evidence at the public hearing on 10 June 2014 about the important role that Ombudsman schemes play in ensuring people have free, accessible and independent dispute resolution options available to them.

PTO Case Handling Policy and Process

At our March 2014 meeting, the Stakeholder Consultative Committee supported a number of changes to our case handling processes, designed to update and streamline the way we manage and refer complaints.

The changes were implemented from 1 July 2014 and we will be asking for feedback on the impact of the changes at our next Stakeholder Consultative Committee meeting in September 2014.

Privacy Reforms and the PTO

The Australian Privacy Principles (APPs), which regulate the handling of personal information under the Privacy Act 1988 (The Act), began on 14 March 2014. We have updated our Privacy Policy to include compliance with the APPs.

The PTO has opted into coverage under the Act to demonstrate our commitment to best practice. This is in line with the privacy obligations of other industry based Ombudsman Schemes.

For information about the reforms please see the Office of the Australian Information Commissioner’s (OAIC) website www.oaic.gov.au/privacy/privacy-act/privacy-law-reform.

The PTO has applied to the OAIC to be recognised as an accredited External Dispute Resolution scheme. This will allow us to handle privacy-related complaints under the Act. For more information see the OAIC website www.oaic.gov.au/privacy/privacy-law-reform/external-dispute-resolution.

What's coming up

What’s coming up

Annual Report

The PTO 2013/2014 Annual Report is currently in its pre-publication process. It will be released in December 2014.

Online customer satisfaction surveys

An independent customer satisfaction survey of consumers whose complaint was investigated by the PTO in 2011 and 2012 was undertaken by Buchan Consulting in 2013. Buchan Consulting is now assisting us in establishing an in house customer satisfaction survey tool and process. From October 2014 we will be asking consumers whose complaint has been fully investigated to complete an online customer satisfaction survey about their experiences with the PTO. Consumers have the option of not being surveyed – in accordance with our Privacy Policy.

Cases by operator

Cases by Operator

For information on how we registered complaints see our Case Names Explained.

Our Case Numbers Explained

Our case names explained

All enquiries and complaints made to the PTO are recorded and categorised into one of the below case types. This enables us to provide detailed data to scheme members, stakeholders and consumers through public reports about how we’ve handled and responded to the enquiries and complaints raised with us.

Non Member Cases

Enquiries and complaints that are outside of the PTO’s jurisdiction, for example ticket infringements, government ticketing or public transport policy and taxi services. We refer these enquiries and complaints to other organisations such as the Department of Transport and the Taxi Services Commission.

Member Enquiries

Consumer information requests about operator services, which are referred to the operator.

Member Complaints

Complaints about operator service where the consumer is seeking resolution but has not yet given the operator the opportunity to resolve the complaint, or it is in the process of being resolved. These are referred to the operator.

Refer for Internal Escalation

Complaints referred to an operator’s Customer Service Team for response and resolution. The operator must contact the consumer within 24 hours to acknowledge receipt of the referral, openly and fairly investigate the complaint and provide the consumer with a full and thorough response within seven business days. We use this process when a consumer has raised their complaint with an operator once and hasn’t received a satisfactory response, but is happy to keep dealing directly with the operator, rather than have the PTO investigate.

PTO Investigation

The PTO registers and investigates complaints where the issue is within our jurisdiction and the consumer has raised their concerns with the operator without resolution.