Enforcement tools

We use a range of enforcement tools. Click on the links below for a more information about these tools and the situations in which they might be used.

How we decide what to use, when

When deciding which tool - or combination of tools - to use, we take the following factors into consideration:

Public interest

Which regulatory tool is most likely to contribute to the public interest to maintain safe transport for all Victorians, including to promote public confidence in bus, rail or marine safety? 

Immediate nature of breach

What are the nature and circumstances of the breach of transport safety law? (for example, the gravity of the immediate safety risks, potential/actual detriment caused) 

Broader impact of breach

What are the broader repercussions of the breach? (for example, the effect on other duty-holders or the public if it is not adequately addressed)

Impact of proposed action

Which regulatory tool is most likely to effectively address the harm, maximise future compliance and that is proportionate to the risk?

Circumstances of duty-holder

What are the relevant circumstances of the duty-holder, including their:

  • Willingness to comply
  • Capacity to comply
  • Past history of breaches and likelihood of repeat breaches
  • Previous and current responses to breaches
  • Other mitigating or aggravating circumstances?

Current risk areas identified

Whether or not the breach falls within identified critical safety risks.

Internal review

Eligible persons may apply for an internal review of a range of decisions we make. An internal review may result in the decision being:

  • Affirmed;
  • Varied; or
  • Set aside and substituted with another appropriate decision.

More information about who is eligible to apply for a review and the application process is available by going to the Requesting an internal review page on this website.

Please note that a separate process exists for an internal review of bus safety infringement notices.

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