Outcomes - Selected Case Summaries
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Dispute over public bus fares - Ministry of Tourism/Public Transport Board
Early Resolution | 14 March 2023
Ministry of Tourism , Public Transport Board
A complaint of unreasonable delay was received against the Public Transport Board (PTB) and the Public Transport Unit (PTU), both of which operate under the Ministry of Tourism and Transport. The complainant stated the bus operators have been asking the PTB to raise bus fares since March 2022. In early September 2022, it was publicly reported that, having had no decision from the PTB on their request, the bus operators put up signs indicating fares had been increased for passengers. They were informed on 2 Sept 2022 by the PTU that these fees had not been approved by the PTB and bus drivers had no legal authority to raise fees on their own. As far as the bus operators were aware, the PTB never decided on the operators' request for a fee increase.
After making an internal complaint with the government and receiving no response, a formal complaint was made to the Ombudsman. After determining the complaint was jurisdictional to our office, we began an informal resolution process in efforts to resolve this complaint.
The informal resolution process became somewhat protracted, as our office realised there was some uncertainty concerning the way public bus fares were being set. First, the specific fees did not appear to have been set in legal regulations. Second, there was confusion concerning who in government had the ultimate responsibility for setting public bus fares. The Ministry of Tourism sought to obtain legal advice on these questions.
Following the receipt of this advice, the government determined it was Cabinet that maintained the authority to set these bus fares, not the PTB or the PTU. Further, it was determined there was a need for Cabinet to set the bus fare rates in the relevant regulations. As a result of this outcome, the PTU communicated with the bus operators that the PTB could not legally consider the request to raise fares. The matter of setting the public bus fares within the regulations was passed on to Cabinet.
As this complaint was informally resolved, the Ombudsman made no formal recommendations to government on the matter.