Financial & Consumer Rights Council Inc.Professional Development Program
The role of the
Public Transport Ombudsman and
Infringements, Authorised Officers
and Penalty Fares
Janine YoungPublic Transport Ombudsman
Date 26 August 2014
Public Transport Ombudsman
• Corporations law structure
• Board of Directors
• PTO Structure
• Charter
– What we can investigate
– What we cannot investigate
– How the business must operate
• Conflicts of interest
• Alternative Dispute Resolution
PTO Members
Metro Trains Melbourne
Yarra Trams V/Line Public Transport Victoria (PTV)
BusVicSouthern Cross
StationTransDev
MelbourneVicTrack
National Benchmarks
Accessibility Independence Fairness
Accountability Efficiency Effectiveness
PTO Jurisdiction
The PTO can investigate complaints about:
• trains running on time and to the right schedule
• problems with tickets and machines
• problems with trains, trams, buses, stations and stops
– including cleanliness and vandalism
• station staff, train/tram/bus drivers, Authorised Officers
• land and track matters.
Ticket Infringement Notices
• Transport Infringement Notices (TINs) are issued by the Department
of Transport, Planning and Local Infrastructure (DTPLI) – not a
member of the PTO.
• PTO cannot look at disputes about issuing of TIN, but can look at AO
behaviour and conduct.
• TIN appeal to the Department
• PTO referral to Community Legal Centres
• Role:
o Check tickets;
o Issue Reports of Non Compliance (RONC) which are reviewed by
DTPLI;
o Provide information and assistance; and
o Deter anti-social behaviour.
• AO Code of Conduct (DTPLI accreditation)
• Charter of Human Rights and Responsibilities
• PTO / Victorian Ombudsman shared jurisdiction
o PTO – customer service, demeanour, conduct
o VO – excessive force / unlawful restraint
Authorised Officers
• AO discretion when considering a RONC applies where the commuter
is:
o Very young;
o Tourist;
o No or little English;
o Homeless; or
o Has suspected or apparent mental impairment.
Authorised Officers Discretion
• Penalty fares introduced 10 August 2014
• Can be offered for certain ticketing offenceso Travelling without valid ticketo Travelling without valid concession
• $75 - EFTPOS payment only – trial non-cash period
AO discretion is not applicable – if AO’s exercise discretion effectively for RONCs, they will never offer a penalty fare to those commuters.
Penalty Fares
• Penalty fare ticket states no appeals / no refunds• PTV has a complaints process which provides a goodwill gesture
($75) in some circumstances• PTO will investigate complaints about penalty fares• PTV is the responding member• Issues we have identified for consideration:
– Consumer felt pushed– Did not know about RONC review process– Wanted to pay cash – did not have EFTPOS– RONC discretion should have been applied
• Early days – 7 cases to date – referred to PTV in accordance with PTO case handling process
PTO Complaint HandlingPenalty Fares
Contacting the PTO
Freecall: 1800 466 865* (free from landlines)
Interpreter service: 131 450
Calls from mobile phones may attract charges - we ring consumers
Fax: 03 8623 2100NRS: 133 677TTY: 1800 555 677 then ask for 1800 466 865 Email: [email protected]: www.ptovic.com.au
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