Module 1: Fines and Driving
FINES
Teachers’ resource, years 8 to 12
December 2015
M1 Fines and Driving: FINES
Produced by Department of Education and Training and Victoria Legal Aid
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
The copyright in this document is owned by the State of Victoria (Department of Education and Training) and Victoria Legal Aid. No part may
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Disclaimer: The material in this publication is a general guide only. It is not legal advice. If you or your students need to, please get legal advice about
your own particular situation.
Acknowledgments: Thank you to Ashwood, Berendale, Heatherwood and Marnebek schools. Thank you to Warringa Park School for working with us
in 2012 on the first stage of this project.
About the Department of Education and Training
The Department of Education and Training (DET) offers learning and development support, services and resources for all Victorians, from birth through
to adulthood.
DET provides education and development services to children, young people and adults both directly through government schools and indirectly
through the regulation and funding of early childhood services, non-government schools and training programs.
DET’s mission is to ensure a high-quality and coherent birth-to-adulthood learning and development system to build the capability of every Victorian.
DET is a learning organisation. In its relationships with colleagues, children and young people, adult learners, parents and families, partners and local
and global communities DET commits to the following values:

collaboration and knowledge sharing

outcomes

respect and diversity

empowerment.
About Victoria Legal Aid
Victoria Legal Aid is a government-funded agency set up to ensure that people who cannot afford to pay for a private lawyer can get help with their legal
problems. We provide free information for all Victorians, family dispute resolution for disadvantaged families, provide lawyers on duty in most courts and
tribunals in Victoria, and fund legal representation for people who meet our eligibility criteria. We help Victorian people with legal problems about
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For more information on this resource and Learning the law
Please email cle@vla.vic.gov.au or call (03) 9269 0234 and ask for Publications.
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Contents
About Learning the law......................................................................................................................... 5
What is Learning the law? .............................................................................................................................. 5
What is in this teachers’ resource? ................................................................................................................ 5
Lesson plans ........................................................................................................................................ 6
Planning the lessons ...................................................................................................................................... 6
What are the learning outcomes? ............................................................................................................... 6
What LTL tools will you need? .................................................................................................................... 6
What technology will you need? ................................................................................................................. 6
Lesson one .................................................................................................................................................... 7
Lesson two .................................................................................................................................................... 8
Lesson three .................................................................................................................................................. 9
Glossary ............................................................................................................................................. 10
The film – Fines .................................................................................................................................. 11
Summary ..................................................................................................................................................... 11
Transcript..................................................................................................................................................... 11
Length ......................................................................................................................................................... 12
Discussion questions – first view ................................................................................................................. 12
Further discussion questions – subsequent views ....................................................................................... 12
Activity 1 – What do these words mean? ........................................................................................... 13
About this activity ......................................................................................................................................... 13
Interacting with this activity .......................................................................................................................... 13
Discussion questions ................................................................................................................................... 13
Legal answers.............................................................................................................................................. 13
myki .......................................................................................................................................................... 14
Fines ........................................................................................................................................................ 16
Activity 2 – What was the problem here? ........................................................................................... 19
About this activity ......................................................................................................................................... 19
Interacting with this activity .......................................................................................................................... 19
Discussion and answers .............................................................................................................................. 19
What was the problem here? .................................................................................................................... 19
What does the law say?............................................................................................................................ 20
Time for a quiz .......................................................................................................................................... 20
Activity 3 – What can Raymond do now? ........................................................................................... 21
About this activity ......................................................................................................................................... 21
Interacting with this activity .......................................................................................................................... 21
Discussion and answers .............................................................................................................................. 21
What can Raymond do now? .................................................................................................................... 21
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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What can Raymond do now? (if he didn’t pay his fine on time) ................................................................. 22
What could Raymond have done differently? ............................................................................................ 23
More about the organisations mentioned in the activity ................................................................................ 23
Victoria Legal Aid...................................................................................................................................... 23
Other organisations that can help – legal advice .......................................................................................... 23
Villamanta Disability Rights Legal Service ................................................................................................ 23
Youthlaw................................................................................................................................................... 24
Other organisations that can help – court..................................................................................................... 24
Children’s Court of Victoria ....................................................................................................................... 24
Other organisations that can help – discrimination and complaints .............................................................. 24
Public Transport Ombudsman .................................................................................................................. 24
Victorian Equal Opportunity and Human Rights Commission.................................................................... 24
Australian Human Rights and Equal Opportunity Commission.................................................................. 24
Offence ........................................................................................................................................................ 25
Public transport offences ............................................................................................................................. 25
Police officer ................................................................................................................................................ 27
Protective Services Officer ........................................................................................................................... 27
Extra resources .................................................................................................................................. 28
Legal organisations ...................................................................................................................................... 28
Victoria Legal Aid...................................................................................................................................... 28
Other legal organisations ............................................................................................................................. 29
Smart Justice ............................................................................................................................................ 29
Youthlaw................................................................................................................................................... 29
Non-legal organisations ............................................................................................................................... 29
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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About Learning the law
What is Learning the law?
Learning the law (LTL) is an online suite of teaching tools for teachers of students with a mild intellectual
disability in years 8 to 12.
Teachers in mainstream schools who want simplified materials on the legal topics may also find these
tools useful.
By using these tools, teachers can help young people increase their:



knowledge of legal rights and responsibilities
ability to identify legal problems
confidence in seeking help.
There is currently one module: Fines and Driving [www.legalaid.vic.gov.au/learningthelaw].
This module covers two topics and each topic includes a short film and three activities.
The Department of Education and Training and Victoria Legal Aid’s Community Legal Education team
partnered to create LTL.
What is in this teachers’ resource?
This teachers’ resource supports the ‘Fines’ topic in Module 1: Fines and Driving.
This resource provides:




three legal education lesson plans
discussion questions
legal information
a list of additional teaching resources about fines, public transport and Authorised Officers.
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Lesson plans
Planning the lessons
What are the learning outcomes?
Knowledge

students gain knowledge about the legal issues to do with:
-
fines
-
myki
-
Authorised Officers

students identify where to get help if they have a fine or an issue with Authorised Officers

students consider how to prevent a legal problem relating to fines.
Skills

narrative analysis

reading

discussion

decision making

problem solving

web browsing.
What LTL tools will you need?
Fines film [https://youtu.be/qtvnWQi3d2Y]
Fines activities [www.legalaid.vic.gov.au/learningthelaw]
This teachers’ resource [www.legalaid.vic.gov.au/learningthelaw].
What technology will you need?
Access to external websites, including websites with video content
A data projector to connect to your device (optional).
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Lesson one
In this lesson you can watch the Fines film and do ‘Activity 1 – What do these words mean?’.
Structure
Minutes
Introduction
5

Outline today’s lesson

Ground rules (for example, watch the film quietly, take turns with answers).
Tuning in to the session
25

Watch the Fines film

Discussion (see notes on page 12)

Watch the film again

Further discussion (see notes on page 12).
Building knowledge of topic

20
Complete ‘Activity 1 – What do these words mean?’ (see notes about this activity on
page 13).
Drawing it together
10

Reflection. Possible prompt questions:

What was one thing or one important word you learnt in today’s lesson?

What questions do you have after today’s lesson?

Conclusion. Prompt questions:

What responsibilities do you have with your myki when you travel on public transport?

What is a fine?

What does an Authorised Officer do?
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Lesson two
In this lesson, you can revisit the film and do ‘Activity 2 – What was the problem here?’.
Structure
Minutes
Introduction
10

Recap on the last lesson

Outline today’s lesson

Ground rules (for example, watch the film and activity screens quietly, take turns
with answers).
Tuning in to the session

Watch the Fines film

Discussion (see notes on page 12).
10
Building knowledge of topic

30
Complete ‘Activity 2 – What was the problem here?’ (see notes about this activity on
page 19).
Drawing it together


10
Reflection. Possible prompt questions:
-
What was one thing or one important word you learnt in today’s lesson?
-
What questions do you have after today’s lesson?
Conclusion. Prompt questions:
-
What were the problems for Raymond?
-
What did the lawyer say?
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Lesson three
In this lesson, you can revisit the film and do ‘Activity 3 – What can Raymond do now?’.
Structure
Minutes
Introduction
10

Recap previous lesson

Outline today’s lesson

Ground rules (for example, watch the film and activity screens quietly, take turns
with answers).
Tuning in to the session

Watch the Fines film again

Discussion (see notes on page 12).
15
Building knowledge of topic

25
Complete ‘Activity 3 – What can Raymond do now?’ (see notes about this activity on
page 21).
Drawing it together
10

Reflection. Possible prompt questions:

What was one thing or one important word you learnt in today’s lesson?

What questions do you have after today’s lesson?

Conclusion. Prompt questions:

Where can you go for help if you have a problem with a myki fine

What can you do to avoid getting a myki fine?
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Glossary
arrest – when the police hold you in custody because they think you have broken the law
bail – a promise that you will go to court to face charges on a certain date. You may have to agree to
conditions like reporting to the police or living at a certain place while you are on bail
charge – this term is used two ways. Firstly, it is an action the police can take. When the police charge you
with an offence, this means they believe you have broken the law and are taking you to court. Secondly, once
the police have charged you with committing an offence, the offence is also referred to as the charge
Children’s Court of Victoria – the court where young people have criminal and some family matters heard
custody – when you have been arrested and you are not free to leave
discrimination – unfair treatment that results in a disadvantage. See page 15
evidence – information (from a witness, documents or material) used in court to prove something. This could
include a myki card
fine – money you have to pay as a punishment for breaking the law. This is usually for relatively minor
offences such as littering, parking, traffic or public transport offences
hearing – the presentation of a case at court
infringement notice – a written document that tells you that you have to pay the fine. The ‘prosecuting
agency’ sends this out. The prosecuting agency for public transport fines is the Department of Economic
Development, Jobs, Transport and Resources
judge – a person who hears cases in the County Court or Supreme Court. They can make decisions about
whether you are guilty or not. They can give sentences. In the Children’s Court, a judge hears some cases.
However, the formal title is ‘president’
magistrate – a person who hears cases in the Magistrates’ Court or the Children’s Court. They can make
decisions about whether you are guilty or not. They can give sentences
Magistrates’ Court of Victoria – a court where lower-level crime matters for adults are heard
offence – something the law says is wrong
penalty – a punishment for breaking the law
penalty unit – a fine is made up of penalty units. Each penalty unit has a value in dollars. This goes up every
year. For example, if you are found guilty of an offence, the magistrate may give you a fine that is ten penalty
units. This would be ten times the amount of one penalty unit
sentence – this term is used two ways. Firstly, if the magistrate or judge finds you guilty, they will sentence
you according to the offence you committed. That means the magistrate or judge gives you a penalty and, if
your offence was serious, they may also give you a conviction. Secondly, the conviction and the penalty is
referred to as the sentence
There is more information about legal terms such as offence, police officers and Protective Services Officers in
the ‘Extra legal information’ section on page 25.
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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The film – Fines
Fines [https://youtu.be/qtvnWQi3d2Y]
Raymond, 15
Axel, 15
Summary
Raymond and Axel are friends. They are playing computer games at Raymond’s place.
Raymond has gotten a fine for not touching on his myki. He talks about this with Axel. We see a flashback
sequence to about a month ago when Raymond did not touch on, and a few stops later two Authorised
Officers checked Raymond’s myki card, took his details and reported him.
Raymond thinks that the Authorised Officers always hassle him first and he does not want to pay the fine.
At the end of the film, Raymond scrunches up his fine and throws it in the bin.
Transcript
Raymond: No, no, no! C’mon!
Axel: That’s it, you’re off. Move over, loser.
Raymond: [Picks up note that reads “Raymond. How are you going to pay for this?”] Whatever.
Axel: What?
Raymond: My Dad left me a note on my myki fine.
Axel: That’s weird.
Raymond: He’s a weird guy.
Axel: Like father, like son.
Raymond: I didn’t touch on.
[Flashback in still images.]
Raymond: They always hassle me first.
Axel: Do you want to play again?
Raymond: Nah. [Writing onto the fine.] “Dad. Why don’t you pay the fine? You are rich. Your son, Raymond.”
Axel: “Raymond, my son. Why don’t you get a job like the rest of us ‘rich’ old people? You can’t be playing
video games all day.”
Raymond: Thanks, Dad. [Opening the fine.] Seventy two bucks! [Throws it into the bin.]
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Length
2:22 minutes.
Discussion questions – first view
These are possible prompt questions to ask the students after a first viewing of the film:





Who are the characters in the film?
What happened to the characters in the film? What is the story?
What are some of the things you saw Raymond do?
What words, actions or things did Raymond get in trouble for?
How did Raymond feel in the film? What tells us this?
You may also want to ask the students one or two of these questions before watching the film and ask the
students to look out for the answers.
Further discussion questions – subsequent views
When you revisit the film, you could ask the students to look out for the answers to some of the questions
above before watching the film.
You could also include discussion with these questions:


Is there anything else you notice about the film this time?
Is there anything you feel differently about this time?
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Activity 1 – What do these words mean?
About this activity
myki
Authorised Officer
Fine
In this activity, you and your students can:


look at three images from the film, which have corresponding words underneath them
discuss what the words mean.
The activity only has one screen.
Interacting with this activity
Click on the image to highlight it.
Discussion questions
You may want to use these questions with the students to start discussion:




What do you think these words mean?
Have you heard these words used before? Where and when?
What’s going on in these pictures?
How do you think Raymond is feeling in these pictures? What tells us this?
Legal answers
Your discussion with students will no doubt touch on different issues. The following information can support
you to discuss the legal issues. Key points are in bold – these are the main messages to pass on to
the students.
There is more information about legal terms such as offence, police officers and Protective Services Officers in
the ‘Extra legal information’ section on page 25.
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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myki
Key points

Anyone using public transport in Victoria must have a myki card when they travel

Unless you have an Access Travel Pass, you must have enough money on your myki card for
your trip

You must touch on

You are breaking the law if you do not do these things

Young people 16 and under do not need a special concession card to buy or travel on
concession fares.
What the law says
When anyone travels on public transport in Victoria they must have a valid ticket, which means having a myki
card on them. A valid ticket means that:



the myki has enough money for their trip
they have chosen the right fare (adult or concession)
they are carrying the right concession card with them (if they are over 16 and have chosen a concession
fare).
For anyone using public transport in other states and territories, there are different laws, tickets and fares. But
in general, you need to pay for your trip when you use public transport.
Find out more about myki here: www.ptv.vic.gov.au/tickets/myki/
Concession cards
Young people 16 and under do not need a special concession card. Their school ID or proof of age card
is enough.
For people 17 or older and travelling on a concession fare on their myki card, they must have a current Health
Care Card in their name or a Victorian Public Transport Student Concession Card. A student card from school
is not enough. An Authorised Officer can ask to see both the myki card and the concession card. If the person
does not co-operate, they are breaking the law and they may be arrested.
Find out more about concession fares here: www.ptv.vic.gov.au/tickets/concessions/students
Access Travel Passes
Some people with disabilities can travel for free on public transport on an Access Travel Pass. They do not
need a valid myki. A person can get this pass if they have a ‘significant permanent disability’ and can travel
independently on public transport but due to their disability they cannot use the ticketing systems.
Find out about more about the Access Travel Pass here: www.ptv.vic.gov.au/tickets/free-travelpasses/access-travel-pass/
myki machines not working
In some cases a person can travel without a valid ticket if:


before and after the journey they take all reasonable steps to buy a myki card or top up their myki
they had no reasonable opportunity to buy a myki card or top up while making their journey.
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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There is no definition of ‘reasonable steps’ or ‘reasonable opportunity’. It depends on the circumstances.
Sometimes it may be reasonable to travel without a valid ticket if the myki machines are not working at the
start of the journey and the person cannot buy a myki or top up during or after the journey.
Authorised Officer
The public transport providers in Victoria employ Authorised Officers to work in and around trains, trams and
buses. People sometimes call Authorised Officers ‘ticket inspectors’.
Key points

An Authorised Officer is doing their job when they ask to check your myki and concession card

An Authorised Officer is supposed to treat you with respect and is not supposed to harass you, be
violent towards you, be too forceful with you or discriminate against you. You have the right to
complain if this happens.
Authorised Officers’ powers
Authorised Officers have a range of powers. One of their powers is to check whether passengers are travelling
with a myki card, whether the passenger has the right fare on their myki and whether the passenger has
touched on. The Authorised Officers can also check for proof of concession. Authorised Officers can check a
person’s myki while they are travelling on a train, tram or bus. They can also do this as a passenger gets off
the train, tram or bus.
An Authorised Officer may take a person’s myki card if that person does not have a valid fare. The Authorised
Officer may want to keep the myki card as evidence. In the meantime, the Authorised Officer should give that
person a ’travel permit’ so they can finish their trip. Later on, the passenger may be able to have the value of
the myki refunded or get another myki once investigations are over.
A passenger has the right to ask an Authorised Officer for the Authorised Officer’s name and where they work.
The passenger can ask for this in writing. An Authorised Officer can be fined for not giving the passenger
this information.
A passenger has the right to be treated fairly. Sometimes an Authorised Officer may have to touch the
passenger, for example, to keep the passenger from leaving. However, the Authorised Officer is not supposed
to use any more force than is necessary. For example, you might have a student who refused to show their
myki but was not rude about it. The Authorised Officer should not push the student roughly or yell at them
loudly to get the student to show their myki.
Authorised Officers should not discriminate against a passenger and they should not pick on a passenger
because of their disability. Discrimination is treating someone unfairly because of a personal characteristic (or
perceived characteristic) and causing that person to be disadvantaged as a result. For example, a personal
characteristic might be something such as age, disability, gender or their sexuality. Discrimination can be
direct and indirect. In some areas of ‘public life’, it is against the law to discriminate. It would be against the law
if you were a woman and went for a job but were told you did not get it because you are a woman. It might be
discrimination if a student is on a train platform after school in a wheelchair and every day as the student is
waiting for the train, an Authorised Officer comes up to the student first to check their myki but they do not do
this to anyone else.
Complaints
Your students have the right to complain if they think they have been treated too roughly or discriminated
against. See ‘Other organisations that can help – discrimination and complaints’ on page 24 for information
about the Public Transport Ombudsman and human rights commissions.
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Fines
The system for fines can be very overwhelming; there are lots of stages involved. Below is a summary of what
it might mean for a student to get a fine.
Key points

If you get a fine, do not ignore it. Take action. There are several options. If you believe you have
broken the law, one option is to pay the fine as soon as you can.

There is a special system for chasing up fines that young people under 18 have gotten and not
paid. This system is called CAYPINS (Children and Young Persons Infringement Notice System).

CAYPINS is less punitive than the system for adults. It may be likely that a young person who ends
up in CAYPINS gets a fine reduced if the young person comes to their CAYPINS hearing, completes
their paperwork and speaks to the CAYPINS registrar.

If you do not think you broke the law and you believe you should not have gotten the fine, you may
be able to successfully argue against a fine or get unpaid fines cancelled. This can be hard. Get
legal advice.
What is a fine?
Sometimes when a person breaks the law, the penalty they end up with is a fine. A fine is a certain amount of
money that the person pays as punishment for breaking the law.
A fine is also known as an infringement. When a person gets the fine, it can come in writing in the mail as an
‘infringement notice’.
People can get fines for many things, including not having enough money on their myki. The Authorised
Officer does not give out the fine. They take the passenger’s details and report to the Department of Economic
Development, Jobs, Transport and Resources that the passenger broke the law. The department then sends
out the fine.
What to do if you get a fine
We see in the film that Raymond does not want to deal with his fine. Instead of thinking about what to do about
his fine, he threw it in the bin.
If he had not done this, paying the fine is one option. A person might want to do this because they are not
disputing that they broke the law. We see in Activity 2 that Raymond knowingly broke the law by not putting
money on his myki. If money is an issue, a young person can ask the department (or whomever sends the
fine) for more time to pay or ask to pay the fine off bit by bit.
To pay all fines, a young person can do this through the Victorian government Fines website:
http://online.fines.vic.gov.au/fines/Default.aspx
If a young person believes they did not break the law or there were certain circumstances that led to them
breaking the law, there are ways the young person could challenge or dispute the fine. See ‘Disagreeing with
the fine’ on the next page.
Another option is that after getting the fine, Raymond could write to the department explaining what happened,
that he agrees he broke the law and that it was his first or second fine (if this is the case). The department may
agree to give him a ‘caution’ instead. This means cancelling the fine. A parent could write this letter on
Raymond’s behalf, so could a teacher or counsellor.
Learning the law, first edition produced April 2015, updated December 2015
© 2015 State of Victoria (Department of Education and Training) and Victoria Legal Aid
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Sometimes people feel overwhelmed by fines and do not want to do anything about their fine. However, doing
nothing does not make the fine go away. It is a good idea to get help from a parent or a legal service to
understand what your fine means and what your options are.
Parents are not liable for their children’s fines. Although in reality, sometimes parents who can afford it, choose
to pay off their children’s fines.
What happens if you do not pay the fine
We see in Activity 3 that one option Raymond follows is to fish his fine out of the bin and then pay it.
However, there is also a part of Activity 3 that looks at what would happen if Raymond did not pay his fine –
getting a fine can be an anxious experience and sometimes people may avoid taking any action.
If Raymond had not paid his fine or had not taken action to pay it or to write a letter to the department, the
department will:


send Raymond a ‘penalty reminder notice’ if Raymond has not paid the fine or taken any action to pay the
fine within 45 days of being sent the fine
send Raymond a ‘final demand letter’ if Raymond has still not paid the fine or taken any action to pay the
fine within another 45 days of being sent the reminder penalty notice.
This will be the last chance for Raymond to pay without getting into any more trouble.
If he does not pay or take any action to pay within 17 days of being sent the final demand letter, then the
department may do a couple of things:


ask the Children’s Court to register the unpaid fine under CAYPINS (Children and Young Persons
Infringement Notice System). This means that the Children’s Court will now look after chasing up the fine
charge Raymond and send him a letter (a ‘charge and summons’) to come to the Children’s Court. The
court can deal with the matter if Raymond is not there. He could get a bigger fine. Usually if it was the
police who issued the fine, they may opt to charge a young person rather than ask the court to register the
unpaid fine under CAYPINS.
Under CAYPINS, the registrar will send a notice to Raymond about his options:

pay the registered amount (that the department had registered) on or before a date set out in the
notice. It may be a reduced amount if CAYPINS paperwork was completed before this stage

apply for time to pay

apply for an order that the amount not be enforced

come to court to appear before the registrar on a date set out in the notice. Raymond could get help
from a duty lawyer on the day

ask the matter to be put off until another day so that he can appear

ask that the matter not be dealt with by the registrar but be dealt with in court (a young person may
want to do this if they believe they did not break the law and should not have gotten a fine)

do nothing. An enforcement order will probably be made. An enforcement order will come as a letter
telling Raymond that he has an unpaid fine and that he has 28 days to pay it.
Raymond will have a chance to respond to the notice. We see in Activity 3 that Raymond’s dad can help
Raymond pay for the fine. Other young people from families facing hardship may want to respond to the
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registrar explaining their financial circumstances. The CAYPINS registrar decides whether Raymond should
pay the whole fine or a smaller amount. Under certain circumstances a registrar may decide that the fine
should be waived. It is rare that a registrar will totally drop a fine but reducing the amount is not uncommon.
Having an intellectual disability is a circumstance the registrar will consider in determining whether the young
person will pay a smaller amount or whether they will drop the fine totally. The registrar will look at every
matter on a case-by-case basis.
If Raymond did not make an ordered payment or fell behind on payments, then after one month of nonpayment the Children’s Court can ask Raymond to come to court for an ‘enforcement hearing’. At court, a duty
lawyer may be able to help him by speaking for him in the courtroom. The court could take Raymond’s things
to pay the fine but in reality young people do not have assets that can be taken. The court may choose to do
nothing.
For more information about CAYPINS see: www.childrenscourt.vic.gov.au/jurisdictions/infringements-and-fines
So could Raymond end up paying nothing or a reduced fine even though he knowingly broke the law?
The short answer is ‘Yes’. The legal system for children – people under 18 – is less punitive than the system
for people 18 and over.
It is rare that we would see the Children’s Court punish a young person by getting the Sheriff to come and take
away the young person’s assets (to sell at public auction) – young people do not tend to own things.
This is not to mean that Raymond would have no consequences for his actions. The experience of getting the
fine, contacting service providers, confronting one’s parents and interacting with the court can be stressful. It is
not an easy ride. There is still work involved. And as soon as a young person turns 18, the system becomes
more punitive.
Disagreeing with the fine
In Activity 2 we see that Raymond understood that he needed to have money on his myki (have a valid fare).
He chose not to top up. In the scenario with Raymond it was clear that he knew he was doing something
wrong. Sometimes a young person may think that they did not break the law and that they should not have
gotten the fine. This is not about saying the law is unfair or that you did not know the exact details of the law. It
is about believing that you did not break the law at all. Or they may believe there were certain circumstances
that led to them breaking the law. They have the right to take actions to try to argue against paying the fine.
For example, the department has internal review processes.
Arguing against a fine can be hard. If you have a student in this situation, they need to get legal advice. They
can call Victoria Legal Aid or the Federation of Community Legal Centres. See page 23 for contact details.
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Activity 2 – What was the problem here?
About this activity
What was the problem here?
What does the law say?
In this activity, you and your students can:



read Raymond’s speech bubbles to see what he was thinking at three key moments in the film
read what lawyer, Anoushka, says about the legal problems
do a quiz at the end.
Interacting with this activity
Click on the speech bubbles to move through the activity.
Discussion and answers
What was the problem here?
Moment 1: Raymond walks past the myki machine
Raymond: I’m only going a few stops. I’ll put money on my myki later when I get home. I’m not breaking the
law right?
Moment 2: Authorised officers check Raymond’s myki and take down his details
Raymond: This is so unfair. I didn’t have a chance to put money on my myki and I was just going a few stops.
They always come up to me before they go to anyone else.
Moment 3: Raymond has gotten a fine
Raymond: I won’t pay it. Nothing will happen. They can just send me another one if they want.
Discussion questions
You may want to ask the students questions as you or they move through these screens:
 What was Raymond feeling? What tells us this?
 Why did Raymond feel this way?
 What might have made it hard for Raymond to say out loud what he was thinking?
 Have you ever been in a situation where it was hard to know what you were feeling?
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

Have you ever been in a situation where it was hard to say what you were feeling to someone else?
Do you think there is a legal problem here? Think back to the ‘What do these words mean?’ activity.
What does the law say?
Anoushka: Raymond didn’t think it’d be a big deal if he travelled on the train without any money on his myki.
He felt angry when the Authorised Officers came up to him. Later, Raymond got a fine. Instead of thinking
about what to do with the fine, he threw it in the bin.
Raymond has a legal problem here. The law says that when anyone travels on public transport in Victoria they
need to have a ‘valid ticket’.
A valid ticket means having a myki, having enough money on it and making sure you’ve touched on.
Authorised Officers have the power to check if you have done these things. If you haven’t, the Authorised
Officer can make a report and send this to the Department of Economic Development, Jobs, Transport and
Resources. The department can then send you a fine. A fine is a punishment – you have to pay money for
breaking the law.
Raymond said he feels like the Authorised Officers always come to him first. The Authorised Officer has the
right to check your myki, and to ask for your name and address. You must give it to them. If they need to, the
Authorised Officer can hold onto you but they cannot do this too roughly. If the Authorised Officers had
grabbed Raymond too roughly, Raymond should talk to a lawyer.
In some cases, a young person might not have to pay their fine. This might be because they did not break the
law, there were certain circumstances that led to them breaking the law or because they do not have any
money to pay. The young person should speak to a lawyer if they think this might apply to them.
Discussion questions
These are possible questions you might want to lead discussion with:



Think back to the discussion we had on the law in the ‘What do these words mean?’ activity. How did
Raymond break the law? What is a fine? What can Authorised Officers do?
What sort of legal words did you hear the lawyer use? What do they mean?
If the Authorised Officers did treat Raymond badly or too roughly, where could Raymond go for help?
Legal answers
Refer back to pages 13 to 18 for legal answers about myki, Authorised Officers and fines.
Time for a quiz
When you are travelling on public transport you must:
a) have a myki, make sure you have enough money on it for your trip and touch on
b) have a myki but only put on money when you feel like it
c) touch on your myki every now and then and just hope that no Authorised Officers are around.
The answer is a.
Legal answers
Refer back to pages 13 to 18 for legal answers about myki and Authorised Officers.
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Activity 3 – What can Raymond do now?
About this activity
What can Raymond do now?
What can Raymond do if he
does not pay his fine on time?
What could Raymond
have done differently?
In this activity, you and your students can:




listen to where Raymond went for help
listen to what Raymond does now if he had not paid his fine
listen to what Raymond could have done differently
read the names and numbers of places your students could go for help, if they were in trouble.
The activity covers a few options that Raymond chose to follow up for help. These are not the only options.
Interacting with this activity
Click on the audio button to listen. Use the NEXT button to move through the activity.
Discussion and answers
What can Raymond do now?
Talk to a parent
Raymond: So I could keep on playing computer games. But I thought I should talk to my dad and see if he can
help me figure out what to do about this fine I had gotten. My dad said I should check the letter for how to pay
the fine off and when I needed to pay it by – yeah that meant I had to get the fine out of the bin. A bit gross,
but it had to be done! Then my dad said he’d help me pay the fine in time but for the next three months he’ll
give me less pocket money. He also said I should speak to someone who knows the law. I might get more
help from them too.
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Pay the fine
Raymond: The letter was a bit scrunched up from being in the bin – woops. But I could still read it, so I
checked what it said about how to pay and when I need to pay the fine by. There was a deadline but I still had
time. One way to pay the fine is through the Fines website. You go to a page that’s about paying your fines off,
and then you can pay through the website. My dad used his credit card. I’ll be getting less pocket money now
to pay him back.
Discussion questions
You might want to lead discussion with these questions:
 Where did Raymond go for help?
 What feelings did Raymond have when he went to get help? What tells us this?
 What made it hard for him to reach out for help? What might make it easier for him to reach out for help?
 If you had to speak to one of your parents because you were in trouble or worried about something, who
would you talk to? How would you go about it?
 Before you call an organisation, what sort of questions could you write down to help you with the
phone call?
 Raymond mentions the Fines website. Have you ever heard of this or seen it?
Legal answers
For the last question, for more information on the Fines website, see pages 16 to 17.
What can Raymond do now? (if he didn’t pay his fine on time)
Raymond: Because I hadn’t paid the fine, I got a letter about it about two months later. And then another one.
The letters were telling me to pay, and I knew I should pay the fine but it was like I was frozen or scared, so I
did nothing. I know it’s stupid but that’s how I felt. Finally I read the letters again and then I called legal aid to
help me work out what I could do. The main thing legal aid said was to pay the fine as soon as I could and that
I should read the last letter carefully to see what the deadline was for taking action to pay. I could even ask for
more time to pay. If I still didn’t pay, then the fine would go to court. The person on the phone said not to freak
out though. If it does get to that stage, then I can go to court and talk to the people there. I can ask for more
time to pay. But the best thing to do right now was to read the last letter and take some action to pay off the
fine.
Discussion questions
These are possible questions you might want to lead discussion with:



Where did Raymond go for help?
What feelings did Raymond have when he went to get help? What tells us this?
Raymond mentions that he can go to court and talk to the people there. What does this mean? Who would
he talk to?
Legal answers
For the last question, for more information on young people and unpaid fines, see pages 16 to 18. Note that if
Raymond is asked to go to court, he should turn up.
It should also be noted that in the scenario where Raymond did not pay his fine on time, when he called
Victoria Legal Aid, it is likely that he may speak to several people in the same phone call. Victoria Legal Aid
has specialist youth lawyers. The telephone staff who take the initial call may provide some legal information
and then refer the young person to a specialist lawyer. The lawyer would ask questions of Raymond about
whether he has the money to pay.
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What could Raymond have done differently?
Raymond: What was going to be worse? Me walking for 40 minutes? Or me getting a fine because I jumped
on the train without touching on. I could walk. Or get off my butt and keep my myki topped up.
Discussion questions
You might want to lead discussion with the question:

What does Raymond think that he could have done differently?
More about the organisations mentioned in the activity
Victoria Legal Aid
In the activity, we see that Raymond called the Legal Help phone-line. Legal Help is the entry point to all
Victoria Legal Aid services. Legal Help provides free legal information, advice and referrals over the phone. If
a young person calls Legal Help and has an unpaid fine, like Raymond does, they can get legal advice about
what to do. If Raymond goes to court, he could also get help from a duty lawyer. Duty lawyers would make
sure to help a young person with a mild intellectual disability, if the young person disclosed this. They could
help by talking to the registrar if the fine is at the earlier court stages or they could help by going into the
courtroom and speaking for the young person if the fine was at the enforcement hearing stage. Legal Help
staff speak a wide range of languages.
Victoria Legal Aid can help people with legal problems about criminal matters, family breakdown, child
protection, family violence, child support, immigration, social security, mental health, discrimination,
guardianship and administration, tenancy and debt.
Victoria Legal Aid provides:





free legal information
legal advice
minor assistance to help people negotiate, write letters, draft documents or prepare to represent themself
in court
grants of legal aid to pay for legal representation by a lawyer in private practice or a Victoria Legal Aid
staff lawyer
referrals to community legal centres and other organisations that can help.
Tel: Legal Help on 1300 792 387
Website: www.legalaid.vic.gov.au
Other organisations that can help – legal advice
Villamanta Disability Rights Legal Service
A community legal centre for people with intellectual disabilities.
Tel: (03) 5229 2925
Website: www.villamanta.org.au
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Youthlaw
A community legal centre for people aged under 25.
Tel: (03) 9611 2412
Website: www.youthlaw.asn.au
Other organisations that can help – court
Children’s Court of Victoria
The Children's Court of Victoria is a specialist court that deals with young people. It has a Family Division
(deals with things like child protection matters) and a Criminal Division (deals with things like traffic offences
and fines through CAYPINS).
The Children's Court has locations throughout metropolitan Melbourne and country Victoria.
You may find these web-pages useful:
 General guide to court publication: www.childrenscourt.vic.gov.au/general-guide-court
 Information for children – criminal division: www.childrenscourt.vic.gov.au/information-children/informationchildren-criminal-cases
 Children’s Court Virtual Court tour: www.childrenscourt.vic.gov.au/about-us/virtual-court
 Court locations and contact numbers: www.childrenscourt.vic.gov.au/about-us/court-locations.
Other organisations that can help – discrimination and complaints
Public Transport Ombudsman
The Public Transport Ombudsman is an independent dispute resolution body providing a free service for the
resolution of complaints about public transport in Victoria.
Tel: 1800 466 865
Website: www.ptovic.com.au/
Victorian Equal Opportunity and Human Rights Commission
More information on making a complaint to do with discrimination.
Website: www.humanrightscommission.vic.gov.au/
Australian Human Rights and Equal Opportunity Commission
More information on making a complaint to do with discrimination.
Website: www.humanrights.gov.au/
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Extra legal information
You may find this information useful in giving you a broader legal context.
Offence
The government makes a wide range of laws. Criminal law includes laws that try to prevent individuals from
doing things such as:




harming other people or putting other people in danger
interfering with the wellbeing of others or with good public order
damaging property or taking property that does not belong to them
acting dishonestly (including travelling on public transport without a valid ticket).
It is an offence (against the law) to break these laws. You can get in trouble for committing an offence. It is not
an excuse to say that you did not know you were breaking the law.
Public transport offences
In the Fines film we saw that Raymond committed the offence of travelling on public transport without a valid
fare. There are many other types of public transport offences. Some of these other offences are dealt with
directly by court rather than by a fine.
In the below table we describe some of the more common public transport offences which might be relevant to
your students. In the right-hand column we talk about penalties. For fines, we talk in penalty units. The value of
a penalty unit goes up every year. As at 1 July 2014, one penalty unit was $147.61.
Offence
What could happen
Failure to give name and address
Under 18
This offence means that an Authorised Officer or a
police officer asked a passenger to give their
name and address and the passenger failed or
refused to do so.
The officer can ask the young person for the number of a
parent or friend so they can check the young person’s
identity and birth date. The young person can get an
infringement notice of 0.5 penalty unit if they refuse to
give the name of someone who can verify their details.
An Authorised Officer can ask for a passenger’s
name and address if the Authorised Officer
reasonably believes that the passenger has
committed or is about to commit an offence on
public transport. For example, not having a
valid myki.
The young person could get a fine of 0.5 penalty unit for
refusing to give their name and address. They could also
be fined 0.5 penalty unit if they give false details.
The maximum penalty is five penalty units if the young
person is taken to court. It is unlikely this will happen
unless they are charged with other offences as well.
18 and over
The passenger could get a fine of about 1.5 penalty units
or if they go to court and are found guilty, they could get
fined up to five penalty units.
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Failure to produce valid concession card
Under 18
This offence means that the passenger was
travelling on public transport and using a
concession fare but they did not have or refused
to show an appropriate concession card.
The young person could get a fine of 0.5 penalty units or
up to five penalty units if the matter is taken to court. It is
unlikely this will happen unless they are charged with
other offences as well.
If a young person is taken to court and charged with
multiple offences, they can only be fined up to ten penalty
units for all offences.
18 and over
The passenger could get a fine of about 1.5 penalty units
or if they go to court and are found guilty, they could get
fined up to five penalty units.
Placing feet on furniture
Under 18
This offence means that the passenger placed
their feet on the seat or another part of the train,
tram or bus other than the floor.
The young person could get a fine of 0.5 penalty units or
up to five penalty units if the matter is taken to court. It is
unlikely this will happen unless they are charged with
other offences as well.
18 and over
The passenger could get a fine of about 1.5 penalty units
or if they go to court and are found guilty, they could get
fined up to five penalty units.
Smoking on public transport
Under 18
This offence means that the passenger was
smoking in a train, tram or bus or smoking
anywhere in a train station, bus shelter or
tram stop.
The young person could get a fine of 0.5 penalty units or
up to five penalty units if the matter is taken to court. It is
unlikely this will happen unless they are charged with
other offences as well.
18 and over
The passenger could get a fine of about 1.5 penalty units
or if they go to court and are found guilty, they could get
fined up to five penalty units.
Use of prohibited language or behaviour on
public transport
This offence means that while the passenger was
using public transport they used language that
was indecent, obscene, offensive or threatening,
or behaved in an indecent, obscene, offensive,
threatening, disorderly or riotous manner.
Under 18
The young person could get a fine of 0.5 penalty units or
up to five penalty units if the matter is taken to court. It is
unlikely this will happen unless they are charged with
other offences as well.
18 and over
The passenger could get a fine of about two penalty units
or if they go to court and are found guilty, they could get
fined up to ten penalty units.
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Police officer
Your students may see police officers working at train stations. A police officer has the power to ask to see a
person’s myki card and concession card. They can get an Authorised Officer to check a person’s myki card
with the myki reader equipment.
When a police officer speaks to a young person, the young person has the right to say ‘No comment’ to all
questions except when the police officer wants to know the young person’s name and address. The young
person must give their correct name and address. But for all other questions, the young person can say ‘No
comment’ until they get legal advice. Call Victoria Legal Aid. See page 23 for contact details.
The young person can also use the YRIPP (Youth Referral and Independent Persons Program) service. This
is a 24-hour legal advice line for young people who are about to be interviewed by the police. The police can
also help the young person with contacting this advice line. Contact YRIPP on (03) 9340 3777.
Find out more information about young people and their rights with police officers at the Smart Justice website:
www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php
Protective Services Officer
Protective Services Officers (PSOs) work at train stations and surrounding areas of train stations. They have
similar powers to police. For example, a PSO has the power to arrest a person. However, PSOs only have
their powers within or around the public transport areas.
PSOs can ask to see a passenger’s myki card and concession card. They can get an Authorised Officer to
check the myki card with the myki reader equipment.
A PSO might ask a passenger for their date of birth. The passenger does not have to tell the PSO their date of
birth. If this happens to a young person, it might be a good idea for the young person to tell the PSO they are
under 18. If the PSO is arresting the young person, then the PSO will know that the young person has extra
legal rights.
If a PSO speaks to a young person, the young person has the right to say ‘No comment’ to all questions
except when the PSO wants to know the young person’s name and address. The young person must give the
correct name and address. But for all other questions, the young person can say ‘No comment’ until they get
legal advice. Call Victoria Legal Aid. See page 23 for contact details.
You can find out more information about young people and their rights with PSOs at the Smart Justice
website: www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php
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Extra resources
These resources may provide you with more information to support your teaching.
Please note that these publications or resources are not written for people with a mild intellectual
disability so you may want to read them first before considering ordering copies for students.
Legal organisations
Victoria Legal Aid
Publications
These publications are free. You can order up to 50 copies at a time. Delivery takes about three to five
working days.
Order publications at: www.legalaid.vic.gov.au/find-legal-answers/all-publications-and-resources
Am I old enough?
Booklet for young people about what the law will or will not let them do.
Fines
Brochure about options for dealing with fines. Note that the publication talks about the adult court system for
dealing with fines.
Legal Help card
A wallet-card-sized brochure about Victoria Legal Aid’s services. In English and 25 languages.
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Web pages





Fines and infringements: www.legalaid.vic.gov.au/find-legal-answers/fines-and-infringements
Public transport offences: www.legalaid.vic.gov.au/find-legal-answers/public-transport-offences
Going to court for a criminal offence: www.legalaid.vic.gov.au/find-legal-answers/going-to-court-forcriminal-charge
Police powers: www.legalaid.vic.gov.au/find-legal-answers/police-powers-and-your-rights
Contact us: www.legalaid.vic.gov.au/contact-us
Other legal organisations
Children’s Court publications and website




General guide to court publication: www.childrenscourt.vic.gov.au/general-guide-court
Information for children – criminal division: www.childrenscourt.vic.gov.au/information-children/informationchildren-criminal-cases
Children’s Court Virtual Court tour: www.childrenscourt.vic.gov.au/about-us/virtual-court
Infringements and fines: www.childrenscourt.vic.gov.au/jurisdictions/infringements-and-fines
Smart Justice
Information about young people and their rights with authority figures. Produced by the Smart Justice coalition.
www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php
Victorian Law Handbook website
Produced by Fitzroy Legal Service.


Infringements and fines: http://www.lawhandbook.org.au/03_01_00_fines_and_infringements/
Courts: http://www.lawhandbook.org.au/01_00_00_understanding_our_laws_and_courts/
Youthlaw
Youthlaw has a variety of resources:



online fact sheets on a variety of topics: www.youthlaw.asn.au/resources/factsheets-2/
Street Law, a series of videos about young people and their rights when dealing with police and Protective
Services Officers (PSOs). See the videos: www.youthlaw.asn.au/street-law/
Street Smart website, with information about police powers: www.streetsmartvic.com.au/
Non-legal organisations
Metro Trains
Metro Trains operates Melbourne’s train network. They have a Community Education unit that can run
sessions in your school. See: www.metrotrains.com.au/community-education-unit/
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