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: enquiries@ptovic.com.auWebsite: www.ptovic.com.au