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Financial & Consumer Rights Council Inc. Professional Development Program The role of the Public Transport Ombudsman and Infringements, Authorised Officers and Penalty Fares. Janine Young Public Transport Ombudsman Date 26 August 2014. Public Transport Ombudsman.
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Financial & Consumer Rights Council Inc. Professional Development Program The role of the Public Transport Ombudsman and Infringements, Authorised Officers and Penalty Fares Janine Young Public Transport Ombudsman Date 26 August 2014
Public TransportOmbudsman • 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 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
Authorised Officers • Role: • Check tickets; • Issue Reports of Non Compliance (RONC) which are reviewed by DTPLI; • Provide information and assistance; and • Deter anti-social behaviour. • AO Code of Conduct (DTPLI accreditation) • Charter of Human Rights and Responsibilities • PTO / Victorian Ombudsman shared jurisdiction • PTO – customer service, demeanour, conduct • VO – excessive force / unlawful restraint
Authorised Officers Discretion • AO discretion when considering a RONC applies where the commuter is: • Very young; • Tourist; • No or little English; • Homeless; or • Has suspected or apparent mental impairment.
Penalty Fares • Penalty fares introduced 10 August 2014 • Can be offered for certain ticketing offences • Travelling without valid ticket • 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.
PTO Complaint Handling 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
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 2100 NRS: 133 677 TTY: 1800 555 677 then ask for 1800 466 865 Email: enquiries@ptovic.com.au Website: www.ptovic.com.au