Public transport internal review

This page provides information if you are seeking a review of public transport fine/s you have received.

You may apply for a review of your infringement with the Department of Transport if:

If you have received a Final Demand Notice, you will need to contact Fines Victoria.

If you are not the person named on the Infringement Notice, you must provide a signed letter of authority from the person who has received the fine. 

How do I apply for an internal review?

Review process

Once we receive your request, the Department of Transport will review the matter and your supporting evidence.

If we need additional supporting evidence from you, the Department of Transport will send a written request to your residential address and/or email address.

You will have 14 days to respond to the additional supporting evidence request.

If you do not provide the additional supporting evidence, the Department of Transport will continue to review your matter and make its decision based only on the evidence already received. 

The Department of Transport will send the outcome of the review to your residential address and/or email address where available.

If your infringement review is unsuccessful, you will be given 28 days from the review outcome date to pay the fine.  
 
Possible outcomes

Some of the possible outcomes from an infringement review could include: 

  • Confirming the original decision to issue an infringement
  • Withdrawing the notice with error and issuing a new notice in its place
  • Withdrawing the notice and issuing an official warning in its place
  • Withdrawing the infringement from the Enforcement Cycle and referring the matter to the Magistrates’ Court or Children’s Court
  • Withdrawing the notice and taking no further action against you
  • Waiving any prescribed Penalty Reminder fees you are required to pay. 

Grounds for review

Exceptional circumstances

Exceptional circumstances are when you commit a public transport offence due to an unforeseen or unpreventable situation. For example, a medical emergency or a motor vehicle breakdown. 

The Department of Transport requires you to provide supporting evidence or documents relevant to your circumstances, such as:

  • Medical certificate, which details the medical emergency and/or condition including the appointment time, from a general practitioner or hospital
  • Repair invoice from the towing service or mechanic
  • Police report detailing the time, place and description of the exceptional circumstances
  • myki card or bank statement that shows a history of regular fare payments and/or myki transactions
  • Photographic evidence that shows the time and date when the myki system top up error occurred
  • Photographic evidence that shows the time and date when the myki system fare scanning machine error occurred.

Contrary to law

If you believe that the decision to serve the infringement notice is incorrect or unlawful, you can appeal the infringement on the grounds of contrary to law.

Public transport offences are listed in the following legislation. Please refer to Victorian Legislation for more information:

  • Transport (Compliance and Miscellaneous)(Ticketing) Regulations 2017
  • Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
  • Transport (Compliance and Miscellaneous) Act 1983
  • Road Safety Act 1986

The Department of Transport requires you to provide supporting evidence or documents such as:

  • Photographic evidence that shows the time and date of the offence and /or parking signage
  • Statutory declaration from third party witness
  • Other evidence that goes to establishing facts.

Mistaken identity

If you believe that the person who committed the offence is not you, and / or that your identity has been stolen, you may apply for an infringement review on the basis of mistaken identity.

The Department of Transport requires you to provide supporting evidence or documents such as:

  • Police report stating your stolen identity claim
  • Statutory declaration from third party witness
  • Other proof of absence from offence location (e.g. aeroplane boarding pass, interstate train/bus/ferry ticket, international arrival visa on passport).

Person unaware of fine

If you are not aware of or have not received the infringement notice served to you, then you may apply for an infringement review under Person Unaware of Fine.

The Department of Transport requires you to provide supporting evidence or documents such as:

  • Statutory declaration from third party witness
  • Proof of absence from residential address (e.g. Aeroplane boarding pass, interstate train/bus/ferry ticket, international arrival visa on passport).

You are responsible for notifying the relevant authorities if you change residential address. The Department of Transport only sends an infringement notice to authorised residential addresses. The infringement notice is deemed served once it has been sent to the authorised residential address, and from this point on, the Department of Transport can take action to enforce the infringement. 

Penalty reminder notice fee waiver request

If no payment or other actions (i.e. an application for infringement review) are received by the due date stated on your infringement notice, you will be sent a Penalty Reminder Notice.

You will be then charged an administration fee in addition to the cost of penalty in the Penalty Reminder Notice. You may apply to have the Penalty Reminder Notice Fee waived if you did not receive or are not aware of the Infringement Notice. 

The Department of Transport requires you to provide supporting evidence or documents such as:

  • Police report stating your stolen mail claim
  • Statutory declaration from third party witness
  • Proof of absence from residential address (e.g. aeroplane boarding pass, interstate train/bus/ferry ticket, international arrival visa on passport).

You are responsible for notifying the relevant authorities if you change residential address. The Department of Transport only sends an infringement notice to authorised residential addresses. The infringement notice is deemed served once it has been sent to the authorised residential address, and from this point on, the Department of Transport can take action to enforce the infringement. 

Special circumstances

Special circumstances may apply if:

  • You are experiencing homelessness at the time of the reported infringement
  • You are experiencing Family violence (within the meaning of Family Violence Protection Act 2008) at the time of the reported infringement
  • You are living with a mental or intellectual disability, disorder, disease or illness at the time of the reported infringement
  • You are living with a serious addiction to drugs, alcohol or other volatile substances at the time of the reported infringement.

To claim special circumstances, the Department of Transport requires a written supporting report or statement that is not more than 12 months old from:

  • A case worker, case manager or social worker
  • A general practitioner, psychiatrist or psychologist
  • An accredited drug treatment agency.

This written report or statement should include:

  • The medical practitioner or case worker’s qualification
  • The medical practitioner or case worker’s relationship to you
  • The period of engagement between the medical practitioner or case worker and you
  • The nature, severity and duration of your condition or circumstances
  • Confirmation on whether you were suffering from the relevant condition or circumstances at the time of offence
  • The medical practitioner or case worker’s professional opinion that your condition or circumstances resulted in your inability to understand or control your conduct which constituted to the offence.

Contact us

Please contact us at [email protected] if you have any questions regarding your application for review.