Fines and Infringements

The information on this website is not legal advice. It is legal information only. If you are a current University of Melbourne student who requires legal advice, please contact the UMSU Legal Service here.

You can find an overview of your options when you have received an infringement notice on the Fines Victoria website here.

Myki fines

Request an internal review

If this is the first or second notice you have received about the fine, you can ask the Department of Transport and Planning to reconsider the fine. This is called an ‘internal review request’, and should be done before the due date in the notice. If this is not the first or second notice you have received about the fine, your legal options may be different, so we recommend obtaining legal advice in this situation.

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

you had exceptional circumstances
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.

‘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. 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 you had to rush to the hospital to visit a sick relative. Exceptional circumstances do not include simply forgetting your myki, forgetting to touch on, or not having anywhere nearby to top up (if there were no other exceptional circumstances applicable at the time).

‘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
were experiencing family violence

and these circumstances caused you to be unable to understand or control the conduct which led to the offence; OR

you cannot deal with your fines because of severe disabling long-term circumstances.

You must have evidence to demonstrate your special circumstances. For more information about special circumstances and what is required, see the Fines Victoria website here.

If you believe any of the special circumstances apply to your situation, we recommend obtaining legal advice before submitting your review request.

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 and the Department may consider waiving the fine. As part of your request, you should attach a photocopy of the front and back of your concession card.

Other options

If you have no legal grounds to request a review, but you cannot afford to pay the fine in full by the due date, you can ask to pay by instalments or for an extension of time to pay.

Alternatively, depending on your circumstances you may be eligible to apply for a work and development permit, or for the Family Violence Scheme. Please contact us for assistance if you believe you meet the criteria for either of these options.

Asking for more time to submit a review request

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 need more time to prepare your review request, you can ask for an extension of the due date by emailing the Department on: tro@transport.vic.gov.au. In your email, you should include:

your infringement number
your name
your address
your reason for requesting an extension of time to submit a review request
your contact number

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 (including to request an extension of time or to pay by instalments), or request to dispute the matter in court.

However, disputing the fine in court is not suitable for most situations, and may have other legal consequences. We recommend obtaining legal advice before electing to dispute a fine in court.

Further resources

Templates

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

Legal information

Fines Victoria: Request a review

Department of Transport and Planning: Requesting an internal review

Other public transport issues

Protective Services Officers (PSOs)

PSOs are uniformed officers similar to police. Their authority operates in designated places such as public transport stations and stops.

As long as they are within a designated place, PSO powers are quite extensive and include the authority to:

tell you to move on if they believe you are breaching the peace or endangering the safety of others;
remove you from the designated place if the officer believes you are committing an offence that is a danger or annoyance to the public or is getting in the way of a police officer, protective services officer, or transport employee;
issue fines for offences such as being swearing, drunk in public, or committing a public transport or ticket offence;
search for weapons if they reasonably suspects you have a weapon;
arrest you if you are drunk or drunk and disorderly in a designated place; or
arrest you if they suspect you have broken the law.

If asked for your name and address you are obliged to give it, however you may ask why they require your name and address.

Public Transport Victoria Authorised Officers

Authorised officers have a range of powers strictly in relation to public transport fares. They can ask to see your ticket and – if relevant – your concession card, even when you have left the bus, tram or the paid area of a railway station. Authorised officers may be in uniform or plain clothes. They are required to display their badge and show you their identity card if you ask to see it.

Authorised officers only have authority to ask for your name and address if they believe ‘on reasonable grounds’ that you have committed or are about to commit an offence related to your use of public transport. If you refuse to give your name and address, or give false information, you may be charged with an offence and can be arrested. They can also ask you to prove that your name and address is correct if they believe on reasonable grounds that the details are false.

If they think you have committed or intend to commit a public transport offence, they can report you to the Department of Transport and Planning or arrest you until the police arrive if you don’t comply.

However, authorised officers cannot search your bags or any of your belongings, nor can they give you an on-the-spot fine.

Public transport complaints

If you have a complaint about public transport or authorised officers (but you have not been fined), you should first contact the relevant public transport operator and make a complaint directly to them. You can find the contact details for public transport operators here. If you are not sure who to complain to, you can send your complaint to Public Transport Victoria, and they will forward it to the correct operator.

If you have made a complaint to the relevant public transport operator, but they have been unable to resolve your dispute, you can make a complaint to the Public Transport Ombudsman.

Last updated: 6 February 2024