Victorian Ombudsman | Excessive force by authorised officers on public transport

During 2008 and 2009, the Victorian Ombudsman office received 189 complaints about infringement notices issued to public transport users for offences such as failing to travel with a valid ticket. With a minimum fine of $176 for adult offenders, the fines are designed to be a major deterrent, for what in some instances are offences that equate to lost revenue of only a few dollars. 

An own-initiative investigation by the Victorian Ombudsman came up with the following results:

• The investigation identified a number of instances of officers being authorised and re-authorised despite non-compliant behaviour, including: significant traffic infringements, being the subject of an intervention order and being charged with drug possession.
• The current oversight of the authorisation of public transport officers and their subsequent compliance with conditions is inadequate.
• The notification by operators of serious incidents involving authorised officers in the two year period 2008-10, was unsatisfactory.
• Authorised officers do not issue infringement notices direct to offenders. The Ombudsman sees no reason why authorised officers should not issue infringement notices direct to commuters, rather than the current cumbersome process which adds no value as no meaningful review takes place.
• The Ombudsman does not consider that the current review of infringements issued and case review outcomes conducted by the department’s internal auditors is sufficient.
• The department’s current IT database used to record assessment and decision details regarding requests for review is inadequate.

On 21 December 2010, the Ombudsman tabled the report in Parliament. The full report and CCTV footage can be viewed at http://www.ombudsman.vic.gov.au/www/html/280-parliamentary-reports-2010.asp

Source: Victorian Ombudsman