Commuters could get away with travelling on Perth trains free this week — by refusing to provide their personal details if they get caught without a ticket.

The West Australian understands that transit security officers have been ordered to release — immediately and without penalty — all fare evaders who refuse to provide the details.

It comes after a Supreme Court ruling last week that the security officers do not have the authority to arrest commuters for refusing to divulge personal information. It creates a potentially ludicrous situation where fare evaders who provide their personal details could face a fine, but those who do not escape without penalty.

Public Transport Authority lawyers are understood to be working with the State Solicitor’s Office to resolve the issue “within days”.

The West Australian understands the directive to guards also applies to evaders who supply false details.

Arrests can only be made if a police officer or a railway special constable is involved.

Play Video Hundreds of Perth commuters caught illegally using concession Smart Rider cards The West Australian Video Hundreds of Perth commuters caught illegally using concession Smart Rider cards

PTA spokesman David Hynes said the order was made in the 24 hours after the Supreme Court ruling, while the implications of the decision were being considered. He said it was the PTA’s understanding that the circumstances of the Supreme Court case were unique.

“It would be foolish for passengers to ignore reasonable requests for identifying information made of them by revenue protection officers and transit officers,” Mr Hynes said.

The Supreme Court ruling relates to an appeal by train passenger Ali Badran, who was convicted of travelling without a valid ticket and failing to provide information in November 2009.

Mr Badran had bought a return concession ticket from Perth to Rockingham but his concession card was found to have expired.

Officers obtained Mr Badran’s name and address from the card but also wanted his date of birth.

Mr Badran refused several requests to provide it and was told by the officers that he would be arrested if he did not.

A scuffle ensued and Mr Badran was handcuffed.

An officer found Mr Badran’s wallet and got his birth date from his driver’s licence.

Mr Badran launched legal action against the Public Transport Authority in 2012, claiming officers did not have a statutory right to arrest him and had acted with “violence, malice, cruelty and contumelious disregard”.

The original judge found in the PTA’s favour but Court of Appeal judges overturned that decision last week, ruling Mr Badran’s refusal to provide his birth date had not hindered or impeded the security officers in the course of their duties.

It meant, they said, officers did not have the statutory right under the Public Transport Authority Act to arrest Mr Badran.

The PTA has 290 transit security officers and 79 revenue protection officers.