Fare evading means not holding a Myki that was touched on on the tram or bus you are travelling on, or at the train station where your journey began. You should only hold a concession Myki if you hold a valid concession card. For students aged 17 and older, this means holding a Victorian Public Transport Concession Card. Find more information here for students, here for Heath Care Card holders and here for seniors.
If you were intentionally fare evading, but you think that a defence may apply to you, click on “No” or “I’m not sure” above to see your options.
‘Special circumstances’ means a mental disability, mental illness, serious addiction or homelessness.
You must be able to show that, at the time you were fined, one of these special circumstances meant you could not avoid getting the fine.
If you were homeless at the time you received the fine, you must show that, as a result of homelessness, you could not control the conduct that resulted in you incurring the fine.
If you were suffering from drug addiction or mental illness, you must be able to show that, as a result of drug addiction or mental illness, you either didn’t understand or could not control the reason for receiving the fine.
But know that if you do, you’re giving away the right to appeal the fine through the internal review process or the courts. However, if you think it was unfair or unreasonable that you paid an on-the-spot penalty fare, you can contact the Public Transport Ombudsman to seek to challenge it.
You can ask the inspector to instead send the $223 ticket infringement notice to your postal address.
Unfortunately, it’s likely you will have to eventually pay the $223 fine.
You can ask the Department for more time in paying the fine, by emailing tia@transport.vic.gov.au and including:
Requesting an extension will generally give you an extra 90 days to pay the fine. Find more information here.
If you ignore or do not pay the infringement notice, the Department may refer your fine to court. You should seek legal advice at your local community legal centre, or by calling Legal Aid on 1300 792 387.
Did you, before, during and after travelling, take all reasonable steps to obtain a valid ticket? For example, did you top up your Myki card? Did you touch on? Did you try to use an alternative Myki machine to top up or touch on if yours wasn’t working? Taking ‘all reasonable steps’ at all stages of travelling is a defence. Be aware that it is not an excuse to say that you had insufficient time to obtain a valid ticket. Click here to see the relevant legislation.
‘Exceptional circumstances’ is not defined in the legislation, but may include:
‘Special circumstances’ means a mental disability, mental illness, serious addiction or homelessness.
You must be able to show that, at the time you were fined, one of these special circumstances meant you could not avoid getting the fine.
If you were homeless at the time you received the fine, you must show that, as a result of homelessness, you could not control the conduct that resulted in you incurring the fine.
If you were suffering from drug addiction or mental illness, you must be able to show that, as a result of drug addiction or mental illness, you either didn’t understand or could not control the reason for receiving the fine.
You can pay the on-the-spot penalty fare and make a complaint to the Public Transport Ombudsman. Alternatively, ask the Authorised Officer for the ticket infringement notice to be sent to your postal address. We recommend seeking legal advice from your nearest community legal centre, Homeless Law or Victoria Legal Aid before taking any action on the infringement notice
The following are some risks and benefits of each choice:
On-the-spot penalty fare:
Infringement notice:
from your nearest community legal centre, Homeless Law or Victoria Legal Aid before taking any action on the fine.
The Public Transport Ombudsman will assess your complaint and discuss options for resolution with you, which in the past has included being paid $75 or less as a gesture of goodwill, or an explanation.
Paying the $75 on-the-spot penalty fare may be the best option for you.
You can ask the inspector to instead send the $223 ticket infringement notice to your postal address.
Unfortunately, it’s likely you will have to eventually pay the $223 fine.
You can ask the Department for more time in paying the fine, by emailing tia@transport.vic.gov.au and including:
Requesting an extension will generally give you an extra 90 days to pay the fine. Find more information here.
If you ignore or do not pay the infringement notice, the Department may refer your fine to court. You should seek legal advice at your local community legal centre, or by calling Legal Aid on 1300 792 387.
The Public Transport Ombudsman will assess your complaint and discuss options for resolution with you, which in the past has included being paid $75 or less as a gesture of goodwill, or an explanation.
You can either pay the on-the-spot penalty fare and make a complaint to the Public Transport Ombudsman, or you can ask for an infringement notice of $223 to be sent to your address to challenge the fine through the internal review and court process.
The following are some risks and benefits of each choice:
On-the-spot penalty fare:
Infringement notice:
You can only seek internal review if you ask the Authorised Officer to have the ticket infringement notice of $223 sent to your postal address. Once you receive the ticket infringement notice, you can write to the Department of Transport seeking internal review. You will not be able to apply for internal review after the date for payment on your penalty reminder notice has passed. You will receive the reminder notice if you don't apply for internal review or pay the fine by the due date for payment on the ticket infringement notice.
Click here to see the relevant legislation.
In your letter to the Department, set out the reasons you are challenging the fine, and include your address and the details of your fine.
Note, usually internal review will only be granted where there were exceptional circumstances. However, it is worth writing to the Department regarding your situation as there is a chance that they will withdraw the fine.
You may wish to use this template letter created by Youthlaw to apply for internal review based on exceptional circumstances.
For more information about applying for internal review see Homeless Law in Practice’s comprehensive guide: www.hlp.org.au/Infringements
To ask the Department for more time in paying the fine you can email tia@transport.vic.gov.au and include:
Requesting an extension will generally give you an extra 90 days to pay the fine. Find more information here.
Or a larger fine and potentially other costs.
Myki Fines – Know Your Rights is a project of Liberty Victoria’s Rights Advocacy Project.
Do you have a comment, question or suggestion? Email info@confidentcommuter.org.au.
We would like to thank Tanja Golding, Julian Burnside QC and Adrian Dodd for their help and guidance.
Team members: Anika Baset, Emma Buckley Lennox, Sam Flynn, Natalie Lilford & Christine Todd.
Team supervisors: Evelyn Tadros & Michael Griffiths.