What do to if you have received a myki fine

If you have received a myki fine, we recommend you use the Confident Commuter website, which explains the legal options available to you, and how to access those legal options.

Request an internal review

If this is the first or second notice you have received about the fine, you can ask the department to reconsider the fine. This is called an ‘internal review request’, and should be done before the fine due date. If this is not the first or second notice you have received about the fine, your legal options may be different, so please contact us here.

The legal grounds on which you can ask for an internal review are:

  • you did it, but you had exceptional circumstances
  • you did it, but you had special circumstances (different to ‘exceptional circumstances’)
  • the decision was contrary to law
  • there has been a mistake of identity
  • you were unaware of the notice
  • your fines resulted from family violence

Two of the most common grounds, exceptional and special circumstances, are explained further below. If you believe any of the other grounds apply to you, please contact us for legal advice here.

‘Exceptional’ or ‘special’ circumstances?

‘Exceptional’ and ‘special’ circumstances are different.

‘Exceptional circumstances’ are not defined, but usually include unforeseen and unusual events which were outside your control. Most internal review requests are made on the basis of exceptional circumstances. Examples of exceptional circumstances might include if you did not have a valid myki but had a car accident and had to use public transport to get home, or had to rush to the hospital to visit a sick relative. Exceptional circumstances do not include forgetting your myki, forgetting to touch on, or not having anywhere nearby to top up (if there were no other exceptional circumstances).

‘Special circumstances’ may apply to you if, at the time of the offence, you:

  • had a mental or intellectual disability, disorder, disease or illness, including anxiety and depression
  • had a serious addiction to drugs, alcohol or volatile substance – this includes marijuana or alcohol, as well as drugs such as heroin, ice, speed or ecstasy
  • were homeless – you were living on the streets, you did not have a stable place to live for a long time or you were couch surfing

You must show that your special circumstances caused you to be unable to understand or control the conduct which led to the offence. You can show this by providing a detailed report from your counsellor, psychologist, or GP. If any of the above special circumstances apply to you, we recommend you obtain legal advice before you submit a request for internal review by contacting us here.

Forgot your concession card?

If you were eligible for a concession card at the time you were fined, and you have not received a myki fine or official warning in the past 3 years, you can submit a request for internal review on the basis of exceptional circumstances. As part of your request, you should attach a photocopy of the front and back of your concession card.

If you have no legal grounds to request a review, you must pay the fine. If you are experiencing financial difficulties, you can ask for a payment plan or extension of time to pay using the Fines Victoria website.

Asking for an extension of the due date

The internal review request should be submitted before the due date, otherwise there will be an extra penalty cost added to your fine. If you would like more time to prepare your request, you can ask for an extension of the due date by emailing the department on: ptro@ecodev.vic.gov.au. In your email, you should include:

  • your infringement number
  • your name
  • your address
  • your reason for requesting an extension
  • your contact number

Making an internal review request – exceptional circumstances

If you have not received a transport fine or official warning in the past 3 years, you can ask for an internal review on the basis of exceptional circumstances which applied to you at the time you were fined.

To request an internal review on the basis of exceptional circumstances, we recommend you prepare a letter (template below) which includes the following information:

  • a detailed explanation of your exceptional circumstances, including why they caused you to commit the offence
  • the infringement number
  • your name and address
  • the time and station/stop you travelled from
  • evidence of a demonstrated history of regular fare payments. You can get a statement of your fare history by registering your myki online here
  • any other relevant information you would like considered in the review, such as an apology or expression of remorse
  • copies of any documentary evidence of your exceptional circumstances which you wish to include

You can submit the request by filling in the online application form and attaching your other documents here.

You can read more about what the department requires for an internal review request here.

Possible outcomes

Once the department receives your request, the fine will be put on hold while they consider their decision. You will then receive a letter notifying you of their decision. In response to your request, the department may refuse the request and confirm the fine, withdraw the fine and take no further action, or withdraw the fine and issue an official warning. If the department refuses your request, you will be given another opportunity either to pay the fine, or request that the matter be heard in court.

If your review is refused, it is unlikely to be advisable for you to go to court, owing to potential consequences such as a criminal record. Please contact us for legal advice here before electing to go to court.

Further resources

Templates

Letter template: Request an internal review (Word, 13KB)

Application forms

Fines Victoria: Request a review (online application form for internal review)

Application for Internal Review (PDF, 98KB) (paper-based application form for internal review)

Legal information

Confident Commuter

Fines Victoria

Department of Transport: Requesting an internal review

 

The information on this website is not legal advice. It is legal information only. If you require legal advice, please contact the UMSU Legal Service here.

Last updated: 7 June 2019