Helping People With Public Transport Complaints Since 2004 CONTENTS

4 PTO scheme members 14 Top 5 major 26 Focus on investigations 36 Regional issues issue categories

5 Who we are 16 28 Systemic issues & continuous 37 Metropolitan issues improvement opportunities

7 Chair’s report 18 Staff 32 Outreach & awareness 38 Regional focus

8 Ombudsman’s report 20 Service delivery 33 Where people 39 Major projects heard about the PTO

10 Our people 22 Infrastructure & rolling stock 34 Victorian council 42 Approaches & complaints roadshow by PTO member

12 How we resolve complaints 24 Infringement notices 35 Our policy work 44 Summary financial statements

2 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 3 PTO SCHEME MEMBERS WHO WE ARE • BusVic • Southern Cross Station The Public Transport Ombudsman (PTO) provides a free service to help people resolve complaints about public transport in . We look at complaints from people who use public transport, as • Level Crossing Removal Authority (LXRA) • Transdev (Transdev) well as people affected by public transport activities and works. We also provide impartial advice • Melbourne Metro Rail Authority (MMRA) • V/Line and where appropriate, referral information. • (Metro) • VicTrack We act impartially and work with members of the community and public transport operators to find • Public Transport Victoria (PTV) • fair and reasonable outcomes, taking into consideration the law and good industry practice. We also identify, investigate and resolve systemic issues, which are public transport issues that potentially have a greater impact on the community. Together with our policy work, this allows us to prevent future complaints and to contribute to the ongoing improvement of public transport in Victoria.

OUR BENCHMARKS We comply with the Commonwealth Government’s Benchmarks for Industry-based Customer Dispute Resolution (the Benchmarks) which promote best practice in industry dispute resolution schemes. The six Benchmarks are: Accessibility | Independence | Fairness | Accountability | Efficiency | Effectiveness The Benchmarks underpin everything we do, from strategic planning to dispute resolution and raising community awareness about the PTO. Our performance against the Benchmarks is independently assessed every five years.

SOUTHERNCROSSSTATION

4 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 5 *Photo by Marcus Wong [CC-BY-SA-3.0] via Wikimedia Commons 6 Annual Report 2017 Annual Report SCALE, COMPLEXITY AND VOLUME ENVIRONMENT IMPACTS ON THE TRANSITION FOR THE SCHEME OF APPROACHESOF TOPTO.” THE AS THE DYNAMIC EXTERNAL “THIS YEAR COULD BE CONSIDERED ONE OF I services andreduce complaints. services feedback whichassistmembersto improve their awareness whileproviding insights from consumer measured andpractical approach to expanding direction oftheBoard isfocusedontakinga of broader communityawareness. The strategic one ofthekey challenges facingtheschemeisthat professionalism andfairness. We alsorecognise andarehigh qualityservice wellrespected fortheir that theOmbudsmanandherteamare delivering a The feedback theBoard’s received supports view scheme andto identifyimprovement opportunities. understandtheperceived valueto ofthe further The Board commissionedasurvey ofstakeholders community. scheme bringsto allstakeholders andthebroader strategy committee,strengthening thevalue the strategic direction oftheschemeandformedanew aplanningdayBoard to undertook considerthe complaints aspossible.InNovember 2016the theresolution ofasmany structure thatsupports the needforschemeto have thereach and As theboard of thePTO, theDirectors andIrecognise system is generatingplace on the publictransport new challenges. projectspublic transport and the pressure that growth and development continueto infringements and authorisedofficers. Simultaneously theincreased scaleofsignificant feedback into policyandprocess result inmaterial reductions incomplaintsabout myki, volume of approaches to the PTO. Ithas beengratifying to seethe impact ofthePTO’s scheme as the dynamic external environment impacts on the scale,complexity and CHAIR’S REPORTCHAIR’S Transport Ombudsman. This year could be considered one of transition forthe have great as Chair of the Public pleasure inpresenting the2016/17 AnnualReport Public TransportOmbudsman Chair Kay Rundle for thepasttwoyears. and hasbeenanenthusiasticdedicatedDirector astheinauguralserved strategy committee Chair the MemberDirector rotation schedule.Brendan has of replaced by ChrisLowe,CEOofBusVicaspart from V/Linewho leaves theBoard thisyear to be of thePTO Board and,inparticular, Brendan Geary On apersonalnote,Iwouldlike to thanktheDirectors delivery. congratulate themonanotherstellaryear ofservice and skilledonbehalfoftheBoard Iwouldlike to years. Treasure andherteamare experienced very as Public Transport Ombudsmanforanotherfour pleased to announcethatwehave engagedher successfulthreevery years inherrole andweare The Board recognised that Treasure hashada

PUBLIC TRANSPORTOMBUDSMAN 7 Given the level of disruption these projects create Public transport services throughout Victoria are under this represents fairly low levels of complaints and ever increasing pressure as the city and regions are is in part due to high levels of communication and impacted by rapid population growth and the reliance community engagement by the respective authorities; on public transport increases. The major projects however, it is likely that many consumers don’t know underway throughout the state will undoubtedly have they can complain to my office about problems that a positive impact upon their completion; however, the may arise relating to these projects. To that end, I disruption caused by this work will likely increase the embarked on a communications program with local pressure on service delivery, congestion and impact government councils throughout 2017, as often, the broader community. Providing the community residents impacted by public transport related works has a general awareness about the PTO and how my will complain directly to their council. I have visited office can assist, I expect an increase in approaches and spoken to 35 councils so far in both metropolitan to my office as a consequence. To that end I will be and regional locations. My discussion with the looking to ensure public transport customers and the various local government senior staff and in some community have clarity about their right to complain cases Mayors, was very insightful and I learned a to the PTO should their attempts to resolve matters great deal about the types of public transport related directly with members be unsuccessful. issues that residents raise with local government. On a final note, I would like to extend my thanks OMBUDSMAN’S In metropolitan Melbourne issues ranged from to the Board of the PTO and in particular our the condition of assets, such as the removal of Chair Kay Rundle, for their support and guidance REPORT graffiti and rubbish, to timetables, connectivity and throughout the year. I am fortunate to work with frequency of services; particularly in the growth a dedicated and highly professional team and I am pleased to present my third annual report as corridors in the outer metropolitan areas. Regional thank them for their efforts throughout the year. I Public Transport Ombudsman. This year has been councils provided much the same feedback and Lastly I wish to extend my thanks to the staff of marked by further shifts in the types of complaints made to areas of regional Victoria which are still required the 10 members of the PTO scheme for their my office. Last year I made mention of the concerning increase to use paper tickets on V/line services highlighted cooperation and collaboration in working toward to complaints related to authorised officers and fines. Pleasingly, it problems people face in trying to obtain a paper fair outcomes and system improvements. appears the response by government to these issues has been effective ticket. I have referred this matter for consideration and, my office has seen a reduction in these complaints by 30%. internally under our improvement opportunity process and look forward to working productively with V/Line Myki complaints are also continuing their downward reliability rise from 13 last year to 54 this year. and PTV on suggestions for improvements. Treasure Jennings trend with a reduction of 12%. The PTO has worked Melbourne’s other bus operators also saw 41% Public Transport Ombudsman with PTV on 25 myki improvement opportunities over more complaints about reliability reach our office. 3 years, including confusion arising from the change My office is also seeing a rise in investigations, with in myki card colour and design, automatic top ups, 21% more commenced during the year compared refund delays and the process for considering special to last year. Looking at the issues, it is evident circumstances when assessing refund requests. that although less investigations were required to There is unprecedented pressure on the public resolve disputes about penalty fares and authorised transport network, stemming from various officers, we spent a lot more effort investigating sources including patronage growth, traffic service delivery, infrastructure and rolling stock congestion and the inevitable disruption caused and staff issues. The nature of investigations by the many major projects underway. This is is changing, with many investigations requiring having an impact on consumers and my office conversations with several operators in order to is seeing this reflected in complaint issues. locate the source of the concern and the party best able to provide explanation and proposals for The sharpest shift in complaints has been in service resolution. Our data shows us that investigations delivery. In particular more concerns are being raised “PUBLIC TRANSPORT SERVICES THROUGHOUT into staff, service delivery and infrastructure about reliability of services, insufficient replacement issues tend to take more time than myki issues. VICTORIA ARE UNDER EVER INCREASING PRESSURE services and cancellations. Complaints about reliability of services doubled, counting all modes The Level Crossing Removal Authority and Melbourne AS THE CITY AND REGIONS ARE IMPACTED BY of public transport. Bus travellers drove the largest Metro Rail Authority are both new members of increases. Transdev, which runs 46 of the busiest the PTO scheme. In the 2016/17 financial year RAPID POPULATION GROWTH AND THE RELIANCE routes in metropolitan area saw complaints about they attracted 23 and 12 complaints respectively. ON PUBLIC TRANSPORT INCREASES.”

8 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 9 Image from Wikimedia Commons by Batch [CC BY-SA 3.0]

Our organisation is staffed by dedicated and OUR PEOPLE professional people who THE PTO BOARD have a mix of backgrounds, including law, customer THE PTO HAS 13 service and social services. STAFF INCLUDING THE OMBUDSMAN Public Transport Ombudsman

Kay Rundle Bernard Stute Chair Company Secretary

Policy & Finance & Operations Dianne Rule Communications Administration Manager Consumer Director Manager Manager

Llewellyn Prain Mark Davies Consumer Director Consumer Director

Brendan Geary Industry Director

Media & Conciliators Administration Communications & Officer Officer Case Officers & Design & Communications Emilie Perrot Jacques Liebenberg Officer Industry Director Industry Director

10 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 11 HOW WE RESOLVE COMPLAINTS DIFFERENT APPROACHES TO Our aim is to find fair and reasonable outcomes During our investigation we look at for consumer complaints. supporting evidence, such as CCTV footage RESOLVING COMPLAINTS or myki records. We work with consumers and members Information requests Refer for Internal Escalation (public transport operators) to find reasonable Although almost all cases are resolved through outcomes by understanding all the issues and concilliation, the Ombudsman can make a Consumers contact us with general enquiries Sometimes a consumer has spoken to a possible solutions. We consider laws and codes binding decision up to $5,000, or $10,000 about public transport or the role of the PTO, member about a complaint and it is not as a minimum standard – ultimately we are with agreement of the member. In our 13 year which are usually dealt with on the spot by resolved, but the consumer is happy to keep concerned with what is fair and reasonable in history, we have only needed to make one PTO staff. dealing with the member, even after contacting the circumstances. binding decision. us. In that case, we will refer the complaint Outside jurisdiction to the member’s customer service team for We look at the circumstances of the consumer, Sometimes we will decide a complaint investigation and resolution. The member the facts of the case, and we might also look is unsubstantiated or not reasonable. In enquiries and complaints must investigate the complaint, respond to at what other public transport operators do in those cases, the Ombudsman can decide to We often hear from consumers who want the consumer within seven business days and similar situations to get an idea of reasonable discontinue an investigation, and the consumer to complain about something that is not provide a copy of the response to the PTO. industry practice. is free to take their complaint to another forum. within our jurisdiction to investigate, such as If the consumer is not happy with ticket infringements, transport policy or taxi the response they can call us and we complaints. We provide them with general may investigate the complaint. information and advice, and refer them to other organisations who can assist them. PTO Investigations However, often these complaints form part We may investigate where the consumer’s of a broader systemic issue and we may complaint to the member has not been look at how we can provide feedback to the resolved, or where we exercise our discretion member or government on these concerns. to investigate because of the circumstances Refer to Member complaints of the complaint or of the consumer. We discuss the complaint and proposed If a consumer has a complaint that they haven’t resolution with the consumer and then yet raised with a member of our scheme, the member’s customer service team is we refer them to the member in the first asked to provide a response and supporting instance. If the complaint is unresolved after documentation within 14 days. the consumer has spoken to the member, the consumer is encouraged to contact us again. We will assess the member’s response and try to conciliate an agreed resolution to the complaint. This can involve a number of conversations and contacts with the consumer and the member. Complaints that cannot be resolved by conciliation may be referred to the Ombudsman for determination, or we may find that the member has acted reasonably.

“OUR AIM IS TO FIND FAIR AND REASONABLE OUTCOMES FOR CONSUMER COMPLAINTS”

12 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 13 TOP 5 MAJOR ISSUE CATEGORIES NUMBER OF APPROACHES TO THE PTO

Consumers approaching the PTO raised more concerns about service delivery than last year, and issues with tracks and vehicles saw the infrastructure and rolling stock category rise slightly. Approaches by consumers with issues about infringement notices fell markedly. 539 Related to 586 Consumers There was also another reduction in myki complaints from last year. by the PTO to escalate their Non Members Helped complaint with the member -199 compared to 2015/16 financial year -133 compared to 2015/16 financial year 517 INFRINGEMENT 990 NOTICES MYKI (413 Approaches) (690 Approaches) 312 Requests for 432 Investigations Information Conducted by PTO 14% 26% -159 compared to 2015/16 financial year +74 compared to 2015/16 financial year 689 INFRASTRUCTURE & ROLLING STOCK 18% 22% (591 Approaches) 1147 Complaints 390 Investigations 20% Received Finalised 843 +21 compared to 2015/16 financial year +30 compared to 2015/16 financial year 768 STAFF SERVICE (676 Approaches) DELIVERY (613 Approaches)

MYKI STAFF SERVICE DELIVERY 16% 7% 5% 990 in 2016/2017 843 in 2016/2017 768 in 2016/2017 1,176 in 2015/2016 904 in 2015/2016 728 in 2015/2016 3016 TOTAL INFRASTRUCTURE INFRINGEMENT & ROLLING STOCK NOTICES APPROACHES 3% 32% 689 in 2016/2017 517 in 2016/2017 665 in 2015/2016 763 in 2015/2016

14 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 15 MYKI APPROACHES CASE STUDY yki is Victoria’s reloadable smartcard ticketing system. In Victoria, myki is used for BY LOCATION Yasmine called us after PTV declined her request to M all metropolitan tram, train and bus services within ticketing zones 1 and 2, as well be reimbursed for a default fare charge of $26.10. as some V/Line and regional bus services. In 2017 we had 990 issues involving myki, down from 1,176 the previous year. Yasmine usually travels by train from Melbourne to Deer Park, which is a V/Line service. The cost It is pleasing that the decrease in complaints charged on weekends, pass holders saying 3% 17% of the journey, had she touched off, would have with myki issues has been greater than they’re being charged myki money incorrectly INTERSTATE been $3.90. Instead she was charged $30. Yasmine the overall rate of decrease in complaints (belying myki’s promise of calculating the explained that on this day, the train service was to our office, particularly staff complaints lowest fare) and travellers solely within 25% cancelled and replacement bus services operated involving myki, which reduced by 17%. zone 2 being charged zone 1 and 2 fares. 18% instead. Yasmine touched on when she boarded Going against this trend, issues involving There was a positive follow on from the bus but forgot to touch off at Deer Park. She overcharging increased from 41 to 76, PTV’s decision to automate its refund and explained that this was because the bus was contributing to a 25% increase in myki reimbursement process following a systemic 24% parked around 600m away from the station (and account issues compared to last year. issues investigation by the PTO – issues myki readers). about refund and reimbursement, previously Within these complaints, several issues our largest category of myki complaints, arose about seniors myki holders being PTV advised that it would not reimburse reduced from 262 to 219 issues. Yasmine because she had previously received reimbursement for a default fare charge. PTV had 4% a policy of reimbursing the first default fare charge, Share of 7% 2% on the basis that the consumer is then aware of the Issue 271 Top 5 issues need to touch off their myki, in accordance with the category total Complaints 26% investigated conditions of travel. 990 by the PTO In response to the PTO, PTV acknowledged the particular circumstances of Yasmine’s travel on that day and offered to reimburse the difference between the fare and the default charge. Yasmine accepted PTV’s offer of $26.10 and the matter 136 179 was resolved. Investigations Assisted 25% of time Referrals spent on PTO P2016/3027 investigations CASE STUDY was linked Misha contacted us after she discovered her Because Misha had disputed two of the credit to cases myki was overdrawn by $92. This meant that she card payments with her bank, when PTV received EXPLORING THE ISSUES containing a was unable to access her new monthly pass. charge-back requests from the bank about the 515 staff issue She had previously complained to PTV about disputed transactions, PTV refunded the money. MAJOR ISSUE FINANCIAL FINANCIAL Hours double payments from her credit card to her PTV then reversed the payments from Misha’s CATEGORY YEAR YEAR Specific Issue 2015/2016 2016/2017 myki and was not happy with PTV’s response. myki because Misha couldn’t have the payments refunded to both her bank account and myki. This Account 191 238 We followed up with PTV to establish what explained why Misha’s myki account became was going on with Misha’s myki. PTV conceded Refund / Reimbursement 262 219 overdrawn, however this hadn’t been properly that when it first responded to Misha it had Staff 193 160 explained to Misha until the PTO investigated. PTV Investigations annual trend not undertaken a thorough investigation. PTV offered Misha a goodwill payment in recognition Terms and Conditions 107 86 reinvestigated and told us that Misha had set up 400 of its poor handling of her complaint when she Equipment Trains 72 73 two automatic myki top ups (ATUs) from her credit 333 first contacted them. They also reimbursed her myki Card 91 66 300 card. One ATU was for her myki and one for her for the new myki she bought after her old myki then partner’s myki, which she hadn’t cancelled myki Product 78 56 200 was overdrawn, and made other adjustments 137 136 Replacement 62 49 100 We were able to confirm that there had to compensate for the fact that she could not been no double payments. What she Website 36 15 0 use the pass on her old myki. Misha was happy 2014/15 2015/16 2016/17 thought were double payments were the with PTV’s total offer of $92.76 in resolution Equipment Trams 32 9 payments to her ex partner’s myki. of her complaint and the case was closed. P2017/1135

16 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 17 STAFF APPROACHES CASE STUDY omplaints involving staff issues remained consistent overall, reducing by 7%, BY LOCATION Michael came to the PTO to make a claim C which is in line with the general reduction in complaints to the PTO in 2017. for some damaged clothing. He had been Complaints involving staff issues are generally more involved and take 15% more travelling to work on a bus when the bus driver time to investigate and resolve. braked suddenly. Michael says he was thrown out of his seat. He hurt his shoulder and his Staff issues are often coupled with another While complaints involving customer 1% 20% issue that was the primary reason for the service issues have reduced, there was INTERSTATE knee, and his jeans were torn. He wanted the consumer’s complaint. Poor complaint an increase in complaint issues involving bus company to pay $122 to replace his jeans. handling or staff interactions can compound or drivers, conductors and station staff. 14% 21% As part of our investigation, we looked at overshadow the original problem and become This is not surprising in the context CCTV footage of the incident. The footage the focus of our investigation. Often when a of increasing service reliability and shows Michael being thrown out of his seat member has made a payment to a consumer cancellation complaints. Complaints about quite forcefully and into the stairwell of the on a goodwill basis, it is in recognition of 26% staff on the ground are often associated bus. The bus driver confirmed that he braked poor complaint handling or staff conduct. with customer concerns about the suddenly to stop at a red light where there reliability of public transport services. was a red light camera. We believed that under the circumstances, Michael’s claim for the cost of new jeans was a reasonable 7% request. Initially, the bus company did not agree. Ongoing discussions between the Share of 9% 3% PTO and the bus company resulted in the Top 5 issues Issue 257 bus company agreeing to pay Michael’s category total Complaints 22% investigated claim of $122. Michael was happy with 843 by the PTO this outcome and the case was closed.

2017/0227-1

187 208 Assisted 56% of time Investigations CASE STUDY Referrals spent on PTO investigations Simon contacted us with a noise complaint. Metro had the public address system at the was linked He lives in close proximity to a metropolitan station checked by technical staff and advised railway station and complained that some of that it was found to be operating at the right to cases EXPLORING THE ISSUES the manual announcements were excessively volume. Staff were advised not to make containing a loud. The announcement were taking place announcements before 7am unless there were 1,176 staff issue FINANCIAL FINANCIAL between 6.30am and 9am on weekdays. He also safety or service delay issues. Metro further MAJOR ISSUE CATEGORY Hours YEAR YEAR believed that some of advised that the angle Specific Issue 2015/2016 2016/2017 the announcements of one of the speakers were unnecessary. “Staff at train stations and tram would be changed to Customer Service 519 426 stops assist in ensuring safety, help limit the impact We opened an of announcements investigation into timely departure and provide Investigations annual trend on Simon. Driver 268 304 Simon’s complaint updated schedule information” 250 250 and asked Metro Simon was Station Attendant 89 74 225 to look into the happy with the 200 208 issues. In response to Simon’s complaint measures taken by Metro and reported 200 about announcements, Metro stated that their an improvement in the announcements. Comductors 18 21 150 advisory announcements, such as reminding On that basis, we finalised the case.

100 150 150 people to stand behind the yellow line, and P2017/1276 Other Staff 28 18 2014/15 2015/16 2016/17 wishing passengers a good day, added to the customer experience and would continue.

18 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 19 SERVICE DELIVERY APPROACHES CASE STUDY hile service delivery issues increased by 5% overall, consumers contacted us about Rob complained to us that his bike was damaged W particular pain points – reliability issues more than doubled and cancellation issues BY LOCATION whilst boarding a V/Line service because the doors increased by 29%. closed on his bike, crushing the back wheel. Consumers are telling us their stories about the and issues about reliability of its services rose Rob contacted us because he was not happy with disruption and frustration they are experiencing from 13 to 54. Issues about service delivery in the 1% 17% V/Line’s response. V/Line said the reason they would as a result of unreliable services. These are issues bus sector as a whole rose from 148 to 251. INTERSTATE not offer compensation for the bike was because that the Ombudsman talked about on radio during Yarra Trams, which like the bus sector operates Rob boarded the train in an unsafe manner and there the year. Consumers need to be able to plan their services that share our roads, saw an overall 11% 23% was no evidence of the doors closing on his bike. lives around the published timetable and online decrease in service delivery complaints. Slight We viewed the footage and decided that in the information and have certainty around whether increases in the number of issues raised circumstances Rob was not being reckless when services will run and that they will run on time. by consumers in terms of reliability and 31% he boarded the train, and we couldn’t see clearly Compared to last year almost all of the increase disruptions can be understood in association whether or not the doors closed on his bike. In the can be associated with a rise in complaints about with the significant roadworks and route circumstances we felt he had done his best. the reliability of buses. In particular, issues raised changes that occurred throughout the year. Both parties agreed to close the case after we talked about Transdev’s cancellations rose from 8 to 21, to Rob about V/Line’s advice on how to safely board a train. In recognition of Rob’s special circumstances, 7% V/Line offered him $50 towards the cost of a new bike. Share of 9% 1% Top 5 issues We located a social enterprise that provided Issue 351 refurbished, second hand bikes to concession card category total Complaints 20% investigated holders for free. As Rob did not need to pay for by the PTO 768 his new bike, V/Line agreed to pay Rob’s parkiteer membership of $50 which would allow him to use the bike cages at V/Line and Metro railway stations. CASE STUDY P2017/0123 86 91 19% of time Investigations Assisted Jan finds it difficult to plan his travel because Transdev said they would continue to monitor bus Referrals spent on PTO investigations of delayed and missed services on bus breakdowns to identify whether any other changes was linked routes between Doncaster and the city. could be made to improve reliability, and better manage the maintenance program. Transdev to cases There have been frequent delays, of up to an hour, confirmed that it is required to report all cancellations containing and sometimes services are missed. He has been EXPLORING THE ISSUES to PTV so they can update their website; however, a service told to use the PTV website to plan his travel, however 401 it seems this was not always done for the services FINANCIAL FINANCIAL he says it does not identify all the delays. Jan is MAJOR ISSUE CATEGORY Hours delivery issue Jan was complaining about. Transdev took YEAR YEAR a contractor, so if he is late to work he does not Specific Issue corrective action so that PTV will receive cancellation 2015/2016 2016/2017 get paid. He wants to be notified about delays so information and noted that it was upgrading its travel Reliability 65 137 that he can make alternative travel plans to get to alert service for customers to include unplanned work on time. Jan was not satisfied with the initial Punctuality 110 104 disruptions, such as those experienced by Jan. response from Transdev, so he complained to us. Cancellation 70 90 Transdev apologised to Jan for his experiences Investigations annual trend Transdev explained that the disruptions experienced Insufficient Service 69 74 and said that the changes they were implementing 100 by Jan were due to driver and bus shortages at Disruption 90 67 should address the issues raised in his complaint the Doncaster depot. They advised that they were 86 and ensure a more reliable service moving forward. Timetables 88 58 80 in the process of getting ten new buses on the Property 69 49 70 road and were implementing a new fleet allocation Jan contacted us again and said that the 60 Timetable Changes 66 45 56 plan to ensure the most appropriate bus models buses has been running to schedule again were being used on those routes. They were also and he didn’t require any further action. Website 30 45 40 2014/15 2015/16 2016/17 in the process of training a new intake of staff P2016/3060 Replacement Service 31 44 which should address the driver shortage.

20 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 21 INFRASTRUCTURE & ROLLING STOCK APPROACHES CASE STUDY omplaints about infrastructure and rolling stock rose slightly from last year. We had BY LOCATION Ming was concerned about the C more issues about tracks and boom gates because of the extent of works carried out construction of a new station car park by the Level Crossing Removal Authority and the beginnings of the Melbourne Metro Rail on land adjoining his property. He was Authority’s works. worried about the danger to himself and the property and wanted to have some steel Looking at the more traditional passenger In rail, Metro and V/Line issues about carriages 0% 25% carrying operators, we saw a significant and coaches/bus replacements rose slightly INTERSTATE fencing installed in front of the concrete increase in concerns about cleanliness, from 51 to 57 for Metro and 43 to 45 for V/line. kerbs along the car parking spaces. safety, overcrowding in vehicles and 20% On our tram network, issues about 11% He contacted both Metro and VicTrack disability access. In the bus sector, issues vehicles fell from 96 to 85, with disability but didn’t get a response to his concerns, about vehicles rose from 65 to 95, with access complaints falling from 8 to 0. so he contacted our office. Transdev’s share rising from 29 to 45 We contacted Metro and VicTrack and it while BusVic member bus operators saw Overall complaints about infrastructure and 26% was agreed that VicTrack would handle concerns about vehicles rise from 36 to 50. rolling stock remained relatively constant, which is an achievement, considering the complaint. Ming wanted us to refer the

the scale of infrastructure projects. complaint to VicTrack as an assisted referral, so that it would be addressed quickly. Ming was advised that if his complaint was not 5% resolved he should contact us again and we Share of 10% 3% could look at investigating the matter for him. Top 5 issues Issue 317 As a result of our referral, VicTrack’s category total 18% Complaints investigated project manager contacted Ming and began 689 by the PTO discussions with him about the type of fence to be installed. Victrack confirmed to the PTO that Ming was satisfied with the outcome.

P2017/1513 108 120 29% of time Investigations Assisted spent on PTO Referrals investigations CASE STUDY was linked Dani was concerned about the use of chemicals a confined space, and the chemicals were safe. to cases during graffiti removal work at railway sidings Metro had previously provided Dani with details containing an situated behind her home. The work was being of its safety assessments, and commissioned EXPLORING THE ISSUES infrastructure done within 20 metres of her home and she said an independent assessment of the quality of 613 & rolling stock that fans being used on site were blowing the the air where the painting was taking place. FINANCIAL FINANCIAL MAJOR ISSUE CATEGORY Hours fumes into her house. She was unable to use her YEAR YEAR issue Metro confirmed the completion date for Specific Issue backyard and questioned whether the chemicals 2015/2016 2016/2017 this project but was unable to say what the were causing her skin irritations. She wanted sidings would be used for after that. They will Vehicles 303 339 confirmation that the chemicals being used continue to be used for projects as and when were not harmful, and for the activities to stop. Platform / Shelter / required. However as per current practices, 219 200 Tram Stop / Bus Stop Investigations annual trend Dani was not happy with Metro’s response all works will be assessed and monitored to to her concerns and complained to us. We ensure safe workings and the needs of the local Tracks 88 90 120 commenced an investigation, and made a site community will also be taken into account. 108 visit to Dani’s house to talk to her about her Metro’s Environment Manager is drafting Boom Gates / Crossings 22 22 100 98 concerns and look at the proximity of the works. a procedure document for the sidings that 80 will include communications to residents. Buildings 10 15 Metro confirmed with Dani that the works were 69 for train refurbishment, rather than graffiti Dani was very happy with the outcome 60 Stair / Ramp / 9 10 2014/15 2015/16 2016/17 removal. The workers on site were wearing of her complaint to the PTO. Escalator / Elevator protective clothing because they were working in P2017/1016

22 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 23 INFRINGEMENT NOTICES APPROACHES CASE STUDY omplaint issues about infringements have reduced from 763 to 517. Infringements, BY LOCATION Russ complained to us about a fine he C or public transport fines, are not within our jurisdiction. received for failing to provide evidence of his Although consumers are reported for Nonetheless, there is a general perception in the concession entitlement. He appealed the fine infringements by authorised officers, the fines community that transport fines fall within our but the appeal was rejected because he had already had a successful appeal for the same are issued by remit, and we continue 4% 27% the Department to receive a significant INTERSTATE offence around six months earlier. of Economic “...there is a general perception... number of complaints. Russ believed that the fine was unfair because Development, 22% that transport fines fall within our When consumers 15% it was as a result of a careless oversight. Only Jobs, Transport complaint to us about concession card holders are required to carry and Resources remit, and we continue to receive a transport fines we can additional information. There is no example of (DEJTR). significant number of complaints.” give them information how his oversight could lead to abuse of the DEJTR is not a 25% and advice about the system as his concession card can’t be used member of the process and how to lodge an appeal. We can by anyone else. Russ suggested the system PTO scheme and so we can’t look at also look at any associated issues such as should be changed so that people were given a complaints about the fines they issue. complaints about AO conduct/behaviour. chance to provide their evidence of concession in a timely manner. This would avoid the 4% significant impost of a fine for a low income Share of 4% 0% earner. Issue 1 Top 5 issues We advised Russ that the fine is issued by 6 Member category total Complaints 17% the Department of Economic Development, Enquiry investigated 517 by the PTO Jobs, Transport and Resources and as the Department is not a member of our scheme, we cannot look at his complaint.

P2017/1514 21% of 1 5 400 approaches Investigation Assisted Non-member to the PTO Cases THE FARE COMPLIANCE REGIME Referrals were linked to enforcement: The public transport fare enforcement haven’t received a warning or fine for a ticketing authorised landscape has changed significantly in the offence in the previous three years. past year with the abolition of penalty fares officers, Our last report expressed hope that the new EXPLORING THE ISSUES from 1 January 2017 and the introduction of a penalty fares, warning system will support authorised 502 warning system for officers in having FINANCIAL FINANCIAL Hours infringement MAJOR ISSUE CATEGORY ticket infringements. YEAR YEAR notices. a more educative Specific Issue It is pleasing that “...improvement to the State 2015/2016 2016/2017 (Compared to 29% role and being more improvement to the Fine 315 203 2015/16 FY) Government’s ticketing enforcement customer focussed State Government’s arrangements is making it easier when it comes to Incorrect Ticket 106 83 ticketing regime fare enforcement. Options after Appeal is making it easier for public transport users to comply 123 79 This seems to have Response for public transport with ticketing requirements...” Approaches annual trend been the case, with No Ticket 39 56 users to comply 1000 approaches to our Failure to Validate 88 49 910 with ticketing office showing a drop Not Satisifed With 800 requirements, which should see a reduction 39 24 of over 40% in complaint issues involving AOs. Response on Appeal in the number of consumers inadvertently Faulty Validator 20 7 600 576 travelling without a valid ticket. A consumer We have been regularly briefed by PTV on the Case Officer Customer who has received an infringement notice can new training program for AO, which should 8 6 413 Service 400 assist AOs in identifying vulnerable consumers 2014/15 2015/16 2016/17 apply for a review on the basis that their non- No Response to Appeal 10 6 compliance was not deliberate, providing they and exercising discretion.

24 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 25 FOCUS ON INVESTIGATIONS CASE STUDY Investigations are undertaken when a consumer These growing areas of investigations can contain We were contacted by Lee who lived interstate, on Reva sought to have LXRA pay half the has tried to resolve their complaint directly with sensitive or technical information associated with behalf of her 96 year old great aunt, Reva. cost of a new and higher fence. Half the member but they remain dissatisfied. Our them, for example: staff performance, allegations Reva complained that the rail reserve behind her the cost of the fence was $1189. investigation procedures give consumers the chance of misconduct or dangerous driving. Infrastructure home had recently been developed into a bike path PTO staff undertook a site visit to view the to have their complaint assessed and investigated by and rolling stock complaints often require input from as a result of level crossing removal works. Prior to site and talk to Reva and Lee about the issues an independent person. fleet management and technical staff, while service the works the reserve had not been accessible to and impacts. Lee told us that Reva was scared delivery complaints can involve gathering data the public. Reba was concerned that people using We commenced 432 investigations during the year, for her safety and not sleeping at night, and from various areas to substantiate an operator’s or the path could see into her backyard, and rubbish 21% more than last year. she had also changed how she was using her consumer’s point of view. was being thrown over the fence into her yard. The increase was driven by a rise in consumer backyard. LXRA were provided with a statement Our conciliators are skilled in dispute resolution complaints about unresolved issues in the areas of LXRA had offered affected residents a $500 Bunnings explaining Reva’s concerns and experiences. and investigation and have expert knowledge of the voucher to purchase fence extension or plants. service reliability (up 60%), infrastructure and rolling Within days of the site visit and after reviewing public transport industry. The conciliators collect and However Reva was not in a position to visit Bunnings, stock (up 50%) and staff issues (up 35%). Reductions Reva’s statement, LXRA agreed to pay for analyse information from both parties and where furthermore her fence was old and probably wouldn’t in investigations were evident in myki issues (down half the cost of the new fence. Reva accepted appropriate seek advice from regulators and expert support extensions. Reva was also not happy with 15%) and authorised officers (down 55%). the offer and the matter was resolved. advisors. They consider relevant laws and codes and LXRA’s offer to convert the voucher to cash. P2017/1721 Conciliators use a case management system that good industry practice. records the time spent actively completing tasks Conciliators work with the consumer and the associated with resolution of each dispute. On OPERATOR SHARE OF INVESTIGATIONS member to find a mutually agreeable outcome that average 272 minutes are spent on each investigation is fair and reasonable in the circumstances. We will file before finalisation. OPERATOR # OF INVESTIGATIONS let the consumer and member know if we believe an 2015/2016 2016/2017 Our data shows that investigation into the rising outcome is not fair. We will also tell a consumer if we Public Transport Victoria 170 165 issue categories – service delivery, infrastructure and believe the member has made a fair and reasonable BusVic 28 58 rolling stock and staff - take noticeably more effort offer to resolve their complaint. “Our investigation procedures Metro 56 52 on the part of conciliators than myki investigations, give consumers the chance If a member does not agree with our view, the V/Line 42 51 which continue to fall in number. Investigations about Ombudsman has the power to make a decision Yarra Trams 38 50 to have their complaint infrastructure and rolling stock take around that is binding on the member. If we decide that a assessed and investigated 46 minutes more time than average, and take Transdev 23 42 member has made a fair offer that the consumer 12 days longer to finalise. Similarly, staff issues take Level Crossing Removal Authority - 11 by an independent person.” does not wish to accept, we will close the case 16% more time during the investigation, and 12 days Southern Cross Station 1 2 and the consumer has the option of pursuing their longer to finalise. Service reliability issues take Melbourne Metro Rail Authority - 1 complaint through other avenues. 8 days longer than average to finalise. Victrack - -

26 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 27 “ADDRESSING AND RESOLVING SYSTEMIC ISSUES OR FINDING IMPROVEMENT OPPORTUNITIES, LEADS TO A BETTER PUBLIC TRANSPORT SYSTEM FOR ALL” SYSTEMIC ISSUES & CONTINUOUS IMPROVEMENT OPPORTUNITIES COLLABORATING WITH MEMBERS he PTO works with its members to improve public transport through the identification, T investigation and resolution of potentially systemic issues or areas where there may be an opportunity for a process improvement.

These are issues we identify through complaints or other feedback which have the potential to affect more than person. The underlying complaint is resolved through our concilliation process, IMPACTS ON and the systemic issue is then classified and addressed more broadly through our systemic issues CONSUMERS OF TWO process. Addressing and resolving systemic issues or finding improvement opportunities, leads to a better public transport system for all, and a reduction in future complaints. DIFFERENT TICKETING SYSTEMS number of issues looked at by the PTO during the year highlight the impacts of the MYKI REGISTER A two ticketing systems available to metropolitan and regional travellers. While the metropolitan myki conditions of travel are fairly well understood, although not without he largest number of systemic issues we have addressed have related to the myki issues, regional travellers are required to understand how myki operates differently ticketing system. T in regional areas, as well as deal with the paper ticketing system in areas where myki This is not surprising as myki also continues to be the most complained about issue in complaints doesn’t operate. to our office. We keep track of the broad issues involving myki through our myki issues register and The paper ticketing system currently in place for many regional services has been the subject of meet regularly with PTV to review and address these issues collaboratively. complaints and feedback during outreach activities in regional areas, as discussed on page 41 of In the past three years, we have worked with PTV on 48 myki related systemic issues. this report. The PTO will be taking a broader look at the ticketing system and the challenges facing regional CASE STUDY travellers with a view to identifying opportunities for process and policy improvements. Under our Charter we have the power to make a confidential report to a member or DEJTR if we believe that Following a complaint from a consumer we began Although the number of consumers affected is a policy or commercial practices of a member have been identified as the source of a number of an investigation into the free travel arrangements not large, it is an anomaly that affects vulnerable similar complaints. available to holders of DSP (disability support pension) consumers and may not be picked up by them. concession myki. A DSP myki entitles the holder to PTV advised us that it has created a reimbursement free weekend travel in two consecutive travel zones. CASE STUDY watchlist that they can put consumers on after they The consumer had a pass on his DSP myki for zones 1 contact PTV, and consumers will then be automatically We took a systemic approach following a consumer’s that the terminology was generally consistent in and 2, and wished to travel for free on the weekend in reimbursed. The PTO continues to monitor the complaint that the information about free early bird distinguishing between metropolitan and regional zones 3 and 4. However he was charged for his travel. impact of this issue on consumers but remains travel (travel completed before 7.00 am weekdays) services. The Ombudsman noted that the policy PTV acknowledged a system flaw which results concerned that the ticketing system is effectively on PTV’s website was misleading, and could easily could be considered unfair – the ‘early bird’ in the consumer being charged for the portion overcharging people in these circumstances. be interpreted to mean that V/Line services were entitlement is based around the zone 1 and 2 of the travel which should be free, and said included. In response, PTV improved some of structure, however V/Line passengers travelling in S2017/0014 that there is no immediate fix for the problem. the messaging on its website, but maintained zone 2 on diesel services are not eligible.

S2016/0032

28 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 29 SYSTEMIC ISSUES & CONTINUOUS CASES CLOSED AND BEING MONITORED DESCRIPTION OUTCOME AND STATUS IMPROVEMENT OPPORTUNITIES Customers disadvantaged by online process PTV advised that there are no more e-passes which caused for multiple reimbursement requests the problem, therefore no longer an issue. CLOSED. CASES CLOSED AND BEING MONITORED Lack of support for vision impaired tram Yarra Trams provided access policy and confirmed the DESCRIPTION OUTCOME AND STATUS passenger affected by disruption. drivers training. One off issue, not systemic. CLOSED.

Inconsistencies in myki refunds and New review process implemented by PTV which clarifies when special Onerous process for requesting a PTV confirmed its process and the circumstances in reimbursements for special circumstances. circumstances will apply. CLOSED. refund of a myki double charge. which a bank statement is required. CLOSED

Introduction of grey myki card means PTV advised that consumer impacts were minimised as consumers Metro drivers failing to assist consumer Metro provided evidence of appropriate procedures. PTO satisfied it was consumers can no longer easily distinguish were able to personalise their myki by writing on the ID panel on the in wheelchair board trains. the result of human error rather than a systemic failing. CLOSED. between concession and full fare myki cards. back of the card. However we continued to receive complaints and will Consumer was charged for weekend travel and PTV looking at implementing policy change or system fix to resolve. now develop a report to DEJTR about consumer impacts. CLOSED. the rate was greater than for peak travel. CLOSED. V/Line booking and seat allocation We are satisfied that the booking error resulted from a human error. Overcharging for regional coach travel. V/Line rectified online error about fare and confirmed that consumers process failure CLOSED. were being undercharged, not overcharged. CLOSED. AOs not providing consumers with a brochure PTV reminded operators that AOs are accountable for providing Consumers were advised that PTV Customer PTV said that complaints outside its terms of engagement will be about how to complain following penalty fare a penalty fare information brochure every time a penalty fare was Advocate could not handle their complaint. considered for investigation on a case by case basis. CLOSED. issued. CLOSED. Consistency and accuracy of information to PTV changed referral process for consumers seeking Confusing information on PTV website about PTV updated its website information about free travel and referred the consumers about access to CCTV footage access to CCTV footage.CLOSED. access to free travel and redeeming vouchers in issue of how to redeem travel vouchers to the Department. Senior's week CLOSED. Confusing arrangements for PTV acknowledged confusion around myki machines. touch on Geelong station Improved signage for consumers. CLOSED. Delays in international students receiving their PTV confirmed that passes are dispatched within 1-3 business days iUse passes of request and provided supporting data. CLOSED. Consumers with multiple myki passes are unable PTV advised that issue cannot be fixed and will consider requests to control the order in which each pass activates for compensations from affected consumers. CLOSED. Incorrect transfer of balance from some PTV advised that it is a known issue and that there is no immediate expiring mykis solution so it is seeking a long term solution via IT change. CLOSED. varying time frames for transfer of PTV provides consumers with conservative extimate balance of soon to expire myki although transfer usually much quicker. CLOSED. Compromised access to performance based V/Line implemented a new process to ensure these passholders had compensation for some V/Line passengers access to performance based compensation. CLOSED. DSP concession myki holder unable to use PTV advised that it has a reimbursement watchlist in place his zone 1 and 2 pass for weekend travel. to automatically reimburse consumers. CLOSED. V/Line platform changes and insufficient Vline advises consistency of platforms cannot be guaranteed. They announcements at Southern Cross Station are working on improving up to date information to its customers. PTV requirement for consumers to PTV clarified circumstances in which bank account (SCS). CLOSED. provide banking info for myki refund. information is required. CLOSED. AO detection of valid pass on trams following AO training, and new procedure to investigate before reporting unsuccessful touch on consumers who claim to have valid pass. CLOSED.

PTV failure to refer complaint information PTV identified network outages that led to the problem and developed CASES OPEN AS AT 17/10/2017 to relevant public transport operators. a contingency plan for future outages. PTV forwarded complaints by Real time bus tracking affected consumers to relevant operators. CLOSED. Daily capping for travel across regional and metropolitan zones State of access toilets at Southern Cross Station. SCS agreed to improve maintenance of access toilet facilities at SCS. CLOSED. Failed transactions

Customers disadvantaged by online process VLine advised that policy and payments are administered by PTV. Blocked cards and myki accounts for multiple reimbursement requests Referred to PTV. CLOSED Processing of refund requests for deposits on blocked cards Passengers on regional services not Improved PTV messaging about eligibility, however Ombudsman getting the 'early bird' fare in zone 2 has noted unfairness of current policy position. CLOSED. Automatically generated refund letters cause confusion for consumers

Repeated failure of $10 auto top up PTO is satisfied with PTV's advice that this resulted from the bank's Information to consumers about myki refund fraud mitigation approach. CLOSED. TopCo complaint handling timeframes Accessing travel history reports older than 2 years. PTV confirmed there is process in place to request THR over two years old. If the account is unregistered, consumer would have to Metro footage submit an FOI request. CLOSED. Handling complaints about driver conduct including serious allegations Customers not getting copy of complaint PTV have since changed their website to ensure that consumers Performance data for bus industry is not published on PTV’s website submitted online to PTV receive an automatically generated copy of their complaint. CLOSED. Train transposals and service information Accuracy of information at PIDs (SmartGuide) Yarra Trams’ advised that it has identified and implemented a at tram stops about services. technological fix to minimise consumer impacts. CLOSED.

* Denotes myki register systemic issues.

30 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 31 OUTREACH, AWARENESS & ACCESSIBILITY WHERE PEOPLE HEARD ABOUT THE PTO

IN THE COMMUNITY 46% Internet/PTO Website aking the public aware of our services is one of the biggest challenges for the PTO. That’s why 38% Mit’s important for us to get out into the community and talk to people from all walks of life about their public transport concerns and let them know how we can help. 25% Public Transport We’ve travelled across Victoria this year to many expert advice and assistance to consumers with Operator Referral different events including orientation week at several public transport issues. 29% regional and metropolitan universities – and even By immersing ourselves within the communities we the New to Melbourne Festival. In February the 22% live in, we’ve been able to listen to people’s public Own Knowledge or Ombudsman spoke at the Light Rail conference on transport stories and concerns and help by providing Prior PTO Case the importance of organisations dealing effectively 22% on-the-spot advice. with consumer complaints. The PTO supports staff undertaking community 3% 2015/16 We continue to engage closely with the disability awareness activities. Team members slept rough on Word of Mouth support sector and have attended a number of 4 May at Sleep at the ‘G and raised over $700 to help 5% disability and access community expo’s, providing 2016/17 Melbourne City Mission support homeless youth. 2% Media GETTING THE WORD OUT 3%

Throughout the year the Communications engage the public. Members of the public also use 2% team has also been working on increasing Facebook to contact our office about complaints. Government Agency or Another Ombudsman community awareness through social 2% Over the last six months, page likes media. The team have developed tailored increased by more than 30%. communication kits including posters, 0% case studies, web copy and stories We’ve developed a series of infographics Community Visit/Outreach for council outreach activity and local to communicate important key 1% media to promote the service. messages to the community about how many people we’ve helped and who we Through Facebook, the PTO has been 30% 0% 10% 20% 30% 40% 50% can help. Our infographics form part of our able to share content with the community larger communications toolkit and have been about the service, current public transport shared widely by a number of councils on Facebook. related media and used some light-hearted humor to

Young, old or in-between — Did you know the anyone can contact the Public Transport PTO WEBSITE VISITORS Public Transport Ombudsman. If you have a complaint about public transport, Ombudsman we might be able to help you. Visit ptovic.com.au or @PublicTransportOmbudsman is a FREE or call 1800 466 865 for more information. service? 21,818 If you have a complaint about public transport, we might Total Visitor be able to help you. Visit ptovic.com.au or 31,000 CONSUMERS 14,364 @PublicTransportOmbudsman or call 1800 466 865 That’s how many people the PTO has helped since 2004. for more information. If you have a complaint about public transport, Since 2004, the PTO has helped more than 31,000 consumers. maybe we can help you too. If you have a complaint about public transport, maybe the PTO can help you too. Visit ptovic.com.au or call 1800 466 865 for more information. Visit ptovic.com.au or @PublicTransportOmbudsman for more information. 2015/16 17,468 Facebook infographics New Visitor 11,111 2016/17 ACCESSIBILITY 4,350 We not only provide online complaint options but a lot of the work we do is done over the phone. Returning Visitor 3,253 Our case officers can also meet with consumers to discuss their complaint and can also arrange a time to conduct site visits. Sometimes it suits complainants to nominate someone to talk to our office on their behalf. 0 5000 10000 15000 20000 25000

32 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 33 VICTORIAN COUNCIL ROADSHOW POLICY CONTRIBUTIONS 35 TOWNS IN 24 DAYS he past year has seen us participate actively in the review and T development of public transport and consumer protection policy. his year the Public Transport Ombudsman embarked on a roadshow to engage with It is particularly pleasing that the Victorian WEstjustice approached our office in response to T Victorian councils across the state. The Ombudsman sat down with CEO’s, Mayors Government listened to the concerns expressed the Youth and Industry Roundtable we hosted in and transport managers across 35 different councils from Swan Hill to Leongatha. in our previous Annual Report about the fairness 2015 hoping we could assist with this project. of the penalty fare Conversations between the Ombudsman and While the Ombudsman met with councils across A number of discussions system, and abolished councils were very informative and constructive. the state, the communications team were working were held with penalty fares from the Many of the issues raised were universal and were with the media teams at councils and sharing case “...the Victorian Government listened WEstjustice and public beginning of 2017. encountered across both metropolitan and regional studies and a variety of promotional pieces about the to the concerns expressed...about transport operators to areas: graffiti, noise and PTO for each community. During 2017 we worked the fairness of the penalty fare explore ways in which land use around public Since kicking off the with WEstjustice, a these students could transport. However there system, and abolished penalty fares “Many of the issues raised roadshow and working legal service in the be encouraged to travel were many conversations from the beginning of 2017.” were universal and were closely together, councils western suburbs of compliantly on public about the issues that across the state have Melbourne, on a project transport while being regional travellers in encountered across both welcomed the initiative to to support young supported through particular face, such as metropolitan and regional areas” offer their residents more people who were trying to complete their difficult personal circumstances. As a result of these service frequency and options to have their say schooling while “couch surfing” to deal with discussion, a pilot proposal was developed and is reliability and paper tickets. about public transport. the effects of violence in the family home. currently being discussed with various stakeholders. Some of the issues affecting regional communities Councils have shown their full support by promoting that were raised with the Ombudsman are explored in the service to residents through local media, more detail on page 41. community newsletters and Facebook. TOWNS VISITED OTHER POLICY PROJECTS • Altona • Beaufort • Glen Waverley • Prahran • Ararat • Bendigo • Horsham • Preston 1. In early 2016 we made a submission to the 2. In 2016 we were invited to provide our views on • Ballarat • Bright • Ivanhoe • Queenscliff Victorian Government’s review of Access the review of the Transport Ticketing Regulations. • Camberwell • Kerang • Richmond to Justice. In August 2016 the Victorian We made a written submission and met with • Dandenong • Leongatha • Sandringham Government released its report, identifying that DEJTR to explain our concerns with the draft • Daylesford • Melbourne • St Kilda alternative dispute resolution such as the PTO Regulations. Further changes were made to the • Footscray • Melton • Stawell can increase access to justice by providing an Regulations following our discussions. alternative to formal court or tribunal proceedings • Geelong • Mentone • Sunshine 3. We made a submission to the Whole of Journey that is quicker, cheaper, and more likely to • Morwell • Swan Hill Guide developed by the Commonwealth result in an outcome that satisfies both parties • Pakenham • Torquay Department of Infrastructure which advocates and maintains their relationship. We support • Warracknabeal a whole of journey approach to make public the proposal to improve the provision of legal • Warragul transport more accessible for people living with information to the public, and establish Victoria • Werribee disability. Our view is that the development of WODONGA Legal Aid as the entry point for information about • Wodonga the guide is a valuable resource to encourage legal issues for Victorians. A central information ongoing development of best practice by public source will improve community awareness of transport service providers. industry based dispute resolution schemes such as the PTO, and ensure the justice system better 4. More recently we made a submission to The meets the needs of vulnerable members of the Justice Project, which is a review of access to community. justice by the Law Council of . Through our systemic issues investigations, detailed on page 28, we work with public transport GEELONG operators to improve practices and policies and create a better public transport system for everyone.

34 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 35 REGIONAL ISSUES METROPOLITAN ISSUES

TOP 10 REGIONAL 3350-3356 3000 MELBOURNE TOP 10 METROPOLITAN CONTACTS BY POSTCODE* GREATER BALLARAT CBD SPOTLIGHT CONTACTS BY POSTCODE* SPOTLIGHT Indicative Number of A number of consumers Indicative Number of Postcode Postcode Locality Approaches Five consumers expressed concerns about the Locality Approaches approached us with state of train carriages, trams 3212-3220 Greater Geelong 46 3000 Melbourne, CBD 47 concerns about changes and buses. The most common 3350-3356 Greater Ballarat 32 to the bus services and complaint was about infringement 3182 St Kilda 36 3550 Bendigo 16 timetables in Ballarat. notices and authorised officers. 3196 Chelsea 24 3820 Warragul 10 3204 Bentleigh 22 3377 Ararat 10 3073 Reservoir 22 3820, 3844 WARRAGUL & 3690 Albury/Wodonga 9 3147 Ashburton 22 TRARALGON SPOTLIGHT 3182 ST KILDA 3608 Nagambie 9 SPOTLIGHT 3030 Werribee 21 Nine consumers complained 3223 St Leonards 5 3072 Preston 21 about staff behaviour, poor Punctuality of services featured 3844 Traralgon 5 customer service and complaint repeatedly, most issues were 3058 Coburg 21 about late bus services. St. 3629 Mooroopna 4 handling. These ranged from a bus 3109 Doncaster 20 driver’s behaviour in Morwell to Kilda residents also raised * Postcodes as supplied by consumers several incidents involving Metro several complaints about * Postcodes as supplied by consumers staff at Flinders Street Station the cleanliness of trains. and Southern Cross Station.

3072 PRESTON SPOTLIGHT REGIONAL 3690 ALBURY/WODONGA METROPOLITAN TOP 5 ISSUES SPOTLIGHT myki complaints were the major TOP 5 ISSUES component of complaints Four consumers made from Preston residents. complaints about drivers of local Some consumers received bus services. One consumer myki cards which were made multiple complaints incorrectly coded based on their about various issues after being concession entitlement, while removed from a service. Staff another myki user complained of Staff 117 (33%) the confusing new card design. 169 (25%)

Infrastructure & Rolling Stock myki 3204 WERRIBEE 76 (22%) 3550 BENDIGO 163 (24%) SPOTLIGHT SPOTLIGHT myki Infrastructure & Rolling Stock The majority of complaints 75 (21%) Approaches from Bendigo 129 (19%) by Werribee residents were residents contained concerns about punctuality of services, Service Delivery about disabled access to Service Delivery particularly bus services. The 69 (20%) buses, service disruptions and 120 (18%) other major area of concern dissatisfaction with coach was poor customer service when Ticketing replacements for train services. Infringement Notices 15 (4%) approaching PTV or operators directly. 97 (14%)

Images from Wikimedia Commons. Credits from top to bottom: Images from Wikimedia Commons. Credits from top to bottom: 1. Gervo1865 [CC-BY-SA-3.0] | 2. Tim Sabo [CC BY-SA 4.0] | 3. Thennicke [CC BY-SA 4.0] | 4 Jiandong Qiu [CC BY 3.0] 1. JJ Harrison [CC BY-SA 3.0] | 2. Donaldytong [CC BY-SA 3.0] | 3. Pjf [CC-BY-SA-3.0] | 4 Chris Phutully [CC BY 2.0]

36 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 37 Photo courtesyPhoto MMRA

REGIONAL FOCUS MAJOR PROJECTS onnections to work, family, friends and events are important to regional travellers. elbourne’s rapid growth and transformation has led to the State Government C This year, staff and infrastructure and rolling stock issues dominated concerns M expanding the capacity of Victoria’s rail network to reduce congestion and provide experessed by regional travellers. a better travel experience for commuters. Two statutory authorities are responsible for delivering on these objectives through the construction of the Metro Project and Staff issues were the leading category, including Although paper tickets can be booked over the the removal of 50 level crossings throughout Melbourne: issues about customer service and staff phone or online, the tickets cannot be printed behaviour, including drivers. Infrastructure and out by the passenger and must be picked up • Melbourne Metro Rail Authority (MMRA) rolling stock concerns, including the state of from an outlet instead. The Ombudsman heard • Level Crossing Removal Authority (LXRA) vehicles and tracks also featured strongly. from people who needed to make a separate trip, often of a significant distance, to pick up their The remainder of issues were largely about The types of complaints we receive from both of these authorities can be somewhat complex and ticket before travelling. Sometimes the outlet myki problems and service reliability and sometimes require additional consultation with technical expert advisors. Our staff receive regular providing the paper ticket is not open before the punctuality. Occasional travellers sometimes find and ongoing briefings with all members including MMRA and LXRA, and are well equipped to passenger wishes to board their train or coach. it inconvenient or confusing to travel using two manage the full range of passenger and non-passenger complaints. ticketing systems (myki and paper tickets). The PTO is currently reviewing the complaints it has received about the paper ticketing system, as well as Our data tells us that 16% of approaches to the PTO MELBOURNE METRO RAIL AUTHORITY the relevant feedback from regional visits, with a view are from consumers who live in regional Victoria to undertaking a significant systemic investigation. The Melbourne Metro Rail Authority joined our scheme in June 2016 and promises to add capacity and Melbourne’s outer fringe. We recognise that to Melbourne’s rail network by taking three of the busiest train lines through twin nine kilometre awareness of the PTO and what we do needs to be The Ombudsman also heard from regional from the west of the city to the south-east as part of a new Sunbury to Cranbourne/ much higher in the community, and in particular in councils about common land use issues around Pakenham line. Building the tunnel will create space in the and allow more trains to regional communities. This is why the Ombudsman public transport such as graffiti, noise, dust, run on the network across Melbourne. As part of the project that will allow an additional 39,000 began her program of meeting with regional vegetation control and maintenance. We are passengers to use the rail network each peak period, MMRA will deliver five new train stations in councils to discuss local public transport issues able to help regional residents with these issues and around the CBD and improved signalling for the new fleet of high capacity trains. and explain the services offered by the PTO. where they are the responsibility of a public transport operator such as V/Line or VicTrack. The MMRA is not only responsible for delivering the but also the Ballarat Line Upgrade On her travels, the Ombudsman heard about to expand and upgrade the capacity of the train line between Melbourne and Ballarat – one of the particular pain points that regional travellers Due to the overwhelmingly positive feedback on the Victoria’s fastest growing regional cities. face. For example the paper ticketing system Ombudsman’s regional visit program, the program will used across much of the V/Line rail and coach continue next year with plans to hold PTO information network is outdated and can lead to significant forums in different regional areas of Victoria. inconvenience to regional travellers.

38 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 39 Photo by Bramley Turner-Jones Bramley by Photo

COMMUNITY CONSULTATION LEVEL CROSSING REMOVAL AUTHORITY he MMRA has led an extensive program of community consultation since embarking fter VicRoads delivered a report naming the most dangerous level crossings, the T on the project. They have in place broad and accessible communication channels for A State Government established a Level Crossing Removal Authority (LXRA) to the community including information phone lines, online forms, mail and information oversee the removal of 50 level crossings across Melbourne by 2022. channels through social media – Facebook and Twitter. Removing each level crossing involves extensive excavation and building in and around train Resolving MMRA complaints can indirectly involve third-party investigations and diverse resolutions as stations within the community. With the nature of complaints in these areas sometimes involving detailed in this recent complaint: both passenger and non-passenger operators like LXRA, it made sense for consumers to have a single point of contact to resolve their complaints. That’s why in January 2016, LXRA became one A new tram stop was being built near the front of The PTO accepted MMRA’s position with respect to of the newest non-passenger members to join the Public Transport Ombudsman’s scheme. Russell’s home as part of the early works pertaining the consumer not receiving a timely response in that to Melbourne’s Metro Tunnel. Russell became worried while MMRA was accepting feedback submissions that the new tram stop would impact access to his about the project, no commitment was made to THE CHANGING FACE OF COMPLAINTS front door and reduce car parking in his area. provide individual responses to residents. With ten level crossings now gone, we expect the bulk of complaints will be made to our office After contacting the MMRA he felt that his feedback As a result of our investigation, MMRA worked with across the next few years. The complaints we receive about LXRA come from a variety of hadn’t been taken seriously, and that he hadn’t Australia Post to address Russell’s concerns about consumers, from residents to traders and can often include external factors that impact people’s received a timely response. He also felt that the nature limited parking which could be alleviated by moving personal space like noise, dust and even vibrations. of their response was generic and didn’t appropriately the location of a mail box on his street which blocked address his concerns. After making several phone public parking. Further to their discussions, Australia Resolving LXRA complaints is a collaborative process and can often result in a range of outcomes calls to the MMRA to follow up on his concerns about Post made the decision to decommission the mail box as detailed in this recent complaint: the nature and timeliness of their response, he made a near Russell’s home and the MMRA also committed The home next to Elizabeth was being rented out She also felt frustrated that she had to speak complaint to our office. to providing an additional car parking space there. We by LXRA so that it could provide vehicle access to to different people each time she phoned and didn’t hear from Russell again, so we closed his case We listened to Russell’s concerns and held trucks needing to access the rail corridor at the rear anxious about the entire experience so she on this basis. discussions with the MMRA to conduct a full of her property. The property was also being used decided to make a complaint to our office. P2017/1343 to store equipment. As part of the works, trucks investigation into his complaint. We opened an investigation and visited Elizabeth often stopped along the fence line. In addition to at her home to conduct a site inspection and talk noise concerns from the property, her backyard through her complaint. As a result of our investigation had also become dusty to the point where the and discussions with LXRA, a definitive end date of washing on her line was getting dirty. Her son’s the works was provided to Elizabeth. As a gesture study time was also being disturbed by the noise. of goodwill LXRA provided Elizabeth with further Elizabeth approached LXRA and they helped her relieve relocation accommodation, cleaning for her outdoor the noise she was experiencing by providing her with patio, a dry cleaning voucher, movie tickets and a alternative accommodation on a couple of occasions. refurbished computer for her son. Elizabeth was However Elizabeth felt that LXRA was unable to give satisfied with the outcome and we closed the case.

her a definitive date as to when the works would end. P2017/1366

40 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 41 APPROACHES AND COMPLAINTS WITH ISSUES BY PTO MEMBER

BUSVIC FY 2015-2016 FY 2016-2017 SOUTHERN CROSS STATION FY 2015-2016 FY 2016-2017 Member - Complaint 92 89 Member - Complaint 3 3 Investigation 28 58 Investigation 1 2 RFIE 30 39 Member - Enquiry 1 1 Member - Enquiry 7 9 RFIE 2 1 Total Approaches Received 157 195 Total Approaches Received 7 7 Top Issues Top Issues Staff 165 185 Infrastructure and Rolling Stock 7 5 Service Delivery 80 97 Service Delivery 1 2 Infrastructure and Rolling Stock 38 44 Staff 2 1 LEVEL CROSSING REMOVAL AUTHORITY FY 2015-2016 FY 2016-2017 TRANSDEV FY 2015-2016 FY 2016-2017 Investigation - 11 Member - Complaint 52 99 Member - Complaint 2 7 Investigation 23 42 RFIE 2 5 RFIE 27 23 Member - Enquiry - 2 Member - Enquiry 6 2 Total Approaches Received 4 25 Total Approaches Received 108 166 Top Issues Top Issues Infrastructure and Rolling Stock 1 15 Staff 2 13 Service Delivery 68 154 Land 1 5 Staff 95 105 Service Delivery 3 2 Infrastructure and Rolling Stock 35 62

MELBOURNE METRO RAIL AUTHORITY FY 2015/16 FY 2016-2017 VICTRACK FY 2015-2016 FY 2016-2017 Member - Complaint 2 9 Member - Complaint 1 4 RFIE 0 2 RFIE 2 4 Investigation 0 1 Member - Enquiry 7 0 Member - Enquiry 2 1 Total Approaches Received 10 8 Total Approaches Received 4 13 Top Issues Top Issues Land 3 5 Infrastructure and Rolling Stock 1 3 Infrastructure and Rolling Stock - 6 Staff 2 2 Staff - 4 Land - 3 V/LINE FY 2015-2016 FY 2016-2017 Service Delivery - 2 Member - Complaint 105 109 METRO TRAINS FY 2015-2016 FY 2016-2017 Investigation 42 51 Member - Complaint 222 212 RFIE 72 49 RFIE 128 91 Member - Enquiry 25 19 Investigation 56 52 Total Approaches Received 244 228 Member - Enquiry 49 34 Top Issues Total Approaches Received 455 389 Staff 134 128 Top Issues Service Delivery 136 97 Service Delivery 190 175 Infrastructure and Rolling Stock 84 84 Infrastructure and Rolling Stock 164 174 Land 17 28 Staff 181 127 Ticketing 36 28 Authorised Officer 136 98 Land 66 53 YARRA TRAMS FY 2015-2016 FY 2016-2017 Member - Complaint 175 137 PUBLIC TRANSPORT VICTORIA FY 2015-2016 FY 2016-2017 Member - Enquiry 82 66 Member - Complaint 469 466 RFIE 82 60 RFIE 374 312 Investigation 38 50 Member - Enquiry 293 177 Total Approaches Received 377 313 Investigation 170 165 Top Issues Total Approaches Received 1306 1120 Infrastructure and Rolling Stock 189 148 Top Issues Staff 168 141 myki 1137 961 Service Delivery 80 75 Service Delivery 166 159 Authorised Officer 97 68 Infrastructure and Rolling Stock 132 134 General Enquiry 24 23 Penalty Fare 241 127 Staff 146 122

42 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 43 BALANCE SHEET SUMMARY FINANCIAL STATEMENTS As at 30 June 2017 2017 2016 $ $ The following is a concise version of the Financial Report for the Public Transport Ombudsman Ltd. for the CURRENT ASSETS year ending 30 June 2017. The financial statements and specific disclosures contained in this concise financial Cash and cash equivalents 682,881 1,475,946 Trade and other receivables 947,599 163,484 report have been derived from the full financial report and the concise financial report cannot be expected to Other Assets 14,705 17,014 provide as full an understanding of the financial performance, financial position and financing and investing Total current assets 1,645,185 1,656,444 activities of the entity as the financial report. NON-CURRENT ASSETS Property, plant and equipment 100,239 99,779 DISCUSSION AND ANALYSIS OF THE COMPREHENSIVE INCOME STATEMENT Intangible Assets 36,374 62,756 Total non-current assets 136,613 162,535 REVENUE FROM ORDINARY ACTIVITIES Total assets 1,781,798 1,818,979 Revenue for the period ending 30 June 2017 was $1,704,589. This was derived from three sources: CURRENT LIABILITIES • Annual Levies from Members: $1,685,851 Trade and other payables 1,198,945 1,188,131 • Interest Income: $17,138; and Employee benefit liability 50,323 26,398 • Other Income: $1,600 Total current liabilities 1,249,268 1,214,529 NON-CURRENT LIABILITIES OPERATING EXPENSES INCOME TAX Provisions 54,084 21,840 Operating Expenses for the period ending 30 June 2017 The Australian Taxation Office (“ATO”) issued a private tax Trade and other payables 5,441 9,685 were $1,804,509. The majority of operating expenses were ruling declaring that the company is deemed exempt from Total non-current liabilities 59,525 31,525 employee benefits ($1,311,974), Telephone and IT expenses income tax for the financial years ending 30 June 2015 to Total liabilities 1,308,793 1,246,054 ($129,241) and occupancy expenses ($121,908). 30 June 2018. Net assets 473,005 572,925 EQUITY DISCUSSION AND ANALYSIS OF THE STATEMENT OF FINANCIAL POSITION Retained surplus 473,005 572,925 TOTAL ASSETS TOTAL LIABILITIES Total equity 473,005 572,925 Total assets decreased by $37,181 during the period due Total Liabilities increased by $62,739 during the period. This primarily to a decrease in total current assets of ($11,259) is due to an increase in total current liabilities of $34,739 and a decrease in non-current assets of ($25,922). and increase in non-current liabilities of $28,000. STATEMENT OF CHANGES IN EQUITY For the year ended 30 June 2017 2017 2016 $ $ DISCUSSION AND ANALYSIS OF THE STATEMENT OF CASH FLOWS Total Equity at the beginning of the financial year 572,925 449,048 CASH FLOWS FROM OPERATING ACTIVITIES Total comprehensive income for the year (99,920) 123,877 Cash at the end of the financial year as shown in the statements of cash flows is $682,881. This was derived from: Total Equity at the end of the financial year 473,005 572,925 • Cash inflow from operating activities ($749,770) • Cash outflow from investing activities ($43,295); and • Cash and cash equivalents at the beginning of financial year $1,475,946. STATEMENT OF CASH FLOW For the year ended 30 June 2017 2017 2016 Audited Financial Statements and Directors’ Report for the Public Transport Ombudsman Limited have been lodged with ASIC in accordance with the Corporations Act requirements. $ $ CASH FLOWS FROM OPERATING ACTIVITIES INCOME STATEMENT Receipts from Members 937,598 1,992,125 For the year ended 30 June 2017 2017 2016 Payments to suppliers and employees (1,704,506) (1,737,819) $ $ Interest received 17,138 16,926

REVENUE 1,704,589 1,852,618 Net cash inflow from operating activities (749,770) 271,232 Employee benefits expense 1,311,974 1,219,091 Depreciation and amortisation expense 69,255 55,981 CASH FLOWS FROM INVESTING ACTIVITIES Occupancy costs 121,908 114,642 Payments for office equipment (43,333) (3,846) Telephone and IT expenses 129,241 119,488 Proceeds from office equipment 38 - Consultancy expenses 29,655 36,714 Purchase of intangible assets - (20,156) Other expenses from ordinary activities 142,476 182,825 Net cash (outflow) from investing activities (43,295) (24,002)

(Loss) /Surplus before income tax expense (99,920) 123,877 Net increase in cash and cash equivalents (793,065) 247,230 Income tax expense - - Cash and cash equivalents at the beginning of financial year 1,475,946 1,228,715

Total Comprehensive (Loss) / Income for the year (99,920) 123,877 Cash and cash equivalents at the end of financial year 682,881 1,475,946

44 Annual Report 2017 PUBLIC TRANSPORT OMBUDSMAN 45 CALL US

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