The Transport Department has again refused to prosecute commuters facing fare evasion charges after eminent barrister Julian Burnside, QC, and a team of pro-bono lawyers intervened in their ticketing disputes.

The backdown comes as the Victorian Government considers significant changes to the enforcement of the $1.55 billion myki system. One proposal under consideration would require commuters found without a valid myki card that had not been touched on to pay a premium to the standard fare, but escape a fine.

Julian Burnside QC. Credit:Fairfax Media

Fairfax Media can also reveal the Transport Department has launched a review of thousands of infringement notices issued under the myki system.

A Transport Department spokeswoman refused to confirm the exact number of cases under review, and issued a brief statement in response to questions from The Age.