Fines and Infringements
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.
Myki fines
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) that 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.
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 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.
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