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Public transport fines – requesting an internal review

This page provides information about asking the department to review public transport fine(s) you have received.  Further detail can be found at www.fines.vic.gov.au

Information on this page:

When can I apply for an internal review of my fine?

You may apply to the department for an internal review of your public transport fine if you believe that

  • there has been a defect or mistake made in issuing the infringement notice
  • the fine has been sent to the wrong person
  • you have special circumstances (see detail on the Infringement Notice)
  • there are other exceptional circumstances.

In your application you must explain why you think the decision to issue an infringement notice should be re-considered based on one of the reasons listed above.

How do I apply for an internal review of my fine?

There are two ways to ask the department to review your public transport fine.

Option 1

Complete the Application for Review of Public Transport Fines form Application for Review of Public Transport Infringement Notice - Interactive Form (PDF 1428.47 KB)PDF icon Application for Review of Public Transport Infringement Notice - Interactive Form (DOCX 22.36 KB)DOCX icon

Send the form and supporting information to ptro@ecodev.vic.gov.au.

Option 2

Write a letter.

Your letter must include:

  •  the infringement number
  •  your name and address,
  •  the reasons you are requesting an internal review
  • all relevant circumstances you would like considered in your review,
  • photocopies of any supporting documents or other evidence (do not send originals).

Send the letter to:

Case Review Team
Public Transport Regulatory Operations
Department of Economic Development, Jobs, Transport and Resources
GPO Box 2392
Melbourne VIC 3001

What should I include in my review letter of my fine?

You must provide the department with sufficient evidence to support a case for leniency.

Please only include information that is relevant to the public transport fine you have received.

If you are requesting a review of an infringement notice based on 'exceptional circumstances' or inadvertent non-compliance (including failing to carry evidence of your concession entitlement), the table below outlines the type of evidence you should provide in your letter based on the circumstances.

Supporting evidence required for a review based on inadvertent non-compliance or exceptional circumstances

Circumstance resulting in fine:

What evidence do I need to provide?

There was no vendor or working machine available to purchase a ticket or top-up my myki card.

Note: The law requires you to have a valid ticket or myki card each time you travel on  public transport.

Supporting evidence must include:

  • the time and station/stop you travelled from;
  • a demonstrated history of regular fare payments (eg, myki transaction statement which is available for those who have registered their myki cards); and;
  • a positive myki balance.

I could not validate my myki due to faulty equipment.

Note: The law requires you to take all reasonable steps to validate a myki before travelling. If a myki reader is not working, it is your responsibility to 'touch on' at another machine.

Supporting evidence must include:

  • the time and station/stop you travelled from;
  • a demonstrated history of regular fare payments (eg, myki transaction statement which is available for those who have registered their myki cards) and;
  • a positive myki balance.

I was travelling on a concession ticket but did not present the appropriate identification to prove my entitlement.
I have not received a fine or official warning for a ticketing offence in the last three years.

Note: The law requires you to carry the appropriate form of identification to prove your entitlement to a concession ticket at all times when you travel on public transport.

Supporting evidence must include:

  • the time and station/stop you travelled from;
  • a photocopy of the front and back of your concession entitlement and;
  • a positive myki balance.

I am a regular fare-paying customer on public transport in Victoria, and travelled without a valid ticket on this one occasion because of exceptional circumstances.
I have not received a fine or official warning for a ticketing offence in the last three years.

Supporting evidence must include:

  • the time and station/stop you travelled from;
  • a demonstrated history of regular fare payments (eg, myki transaction statement which is available for those who have registered their myki cards);
  • a positive myki balance; and
  • details of the exceptional circumstances
    (with any supporting evidence –
    eg, medical certificate, police report,
    statutory declaration).

Cases of mistaken identity

In circumstances where you believe there has been a mistake of identity in the issuing of an infringement notice, you must provide evidence to support your claim that you were not the person who was reported for an offence. Supporting evidence could include:

  • evidence that you were not in the location listed on the infringement notice at the time of the offence
  • an incident number from a police report of stolen identity, loss of wallet etc.
  • proof of your absence overseas (eg, a transcript from an immigration authority showing entry/exit dates)
  • a completed statutory declaration certifying the circumstances.

Special circumstances under the Infringements Act 2006

The Victorian Government understands the infringements system can be hard to navigate for people with special circumstances and seeks to ensure that people who cannot control or understand the nature or consequences of their behaviour are diverted from the criminal justice system.

To help achieve this aim, the department has adopted the City of Melbourne's Model Operating Policy for Enforcement Agencies  when considering an application for internal review on the grounds of special circumstances. This policy describes the type of evidence and information that must be provided so the department can be reasonably satisfied that an internal review applicant has special circumstances (as defined by the Infringements Act 2006) . This evidence may include reports from relevant practitioners attesting to the special circumstances.

The Public Statement on the Government's Strategy for Compliance and Enforcement of Public Transport Ticketing DEDJTR TP Ticketing Compliance and Enforcement Review (PDF 143.43 KB)PDF icon DEDJTR TP Ticketing Compliance and Enforcement Review (DOCX 494.52 KB)DOCX icon) provides additional information about the types of circumstances which may be considered for internal review and what supporting evidence is required.

What happens to my review?

As the result of an internal review, the department can:

  • confirm its decision to issue you with an infringement notice
  • withdraw the infringement notice and take no further action against you
  • withdraw the infringement notice and issue an official warning in its place.
  • withdraw and refer the matter to the Magistrates' Court or Children's Court or
  • waive or vary any additional fees payable.

Dollar amount of your fine

Public transport fine amounts (penalties) are set based on the seriousness of the illegal activity. Ticketing and behavioural offences have been identified as major concerns affecting revenue levels, safety and amenity on the public transport system. Fine amounts have been set accordingly. The penalty amounts are set by legislation and cannot be adjusted by the department. For more information on fines visit the public transport fines page.

Page last reviewed on 16 November 2017

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