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As dumping videos go viral on social media, a principal lawyer has warned that throwing out an ex-partner’s belongings can carry serious legal consequences, with emotional distress offering no defence and the conduct potentially amounting to illegal dumping or domestic violence.
Principal lawyer at Astor Legal, Avinash Singh, explains that being angry, heartbroken or emotionally distressed does not provide a legal defence.
Dumping an ex-partner’s belongings outside their home may seem like an emotional act of frustration, but it can carry serious legal consequences.
Across Australia, illegal dumping is an offence, with repercussions varying significantly between states and territories depending on the circumstances, volume and type of material involved.
Under the Protection of the Environment Operations Act 1997 (POEO Act) in New South Wales, throwing away or abandoning someone else’s belongings in a public place, on open private land, or outside an authorised facility constitutes illegal dumping or littering.
In some circumstances, the conduct may also be considered domestic violence, particularly where it is used to harass, intimidate or contact an ex-partner against their wishes.
Viral footage can prompt an investigation, but authorities must still establish who was involved and whether the dumping was unlawful, with those who encourage or help organise the act may also face consequence.
‘Being heartbroken does not provide any legal defence’
Singh noted that emotional distress does not change the legal position, and that dumping can become more serious when it is motivated by revenge.
“Being angry, heartbroken or emotionally distressed does not provide any legal defence for fly-tipping or illegal dumping,” Singh said.
Singh highlighted that revenge can also change the nature of the conduct from a straightforward dumping offence to something that may have domestic violence implications.
“In fact, if fly-tipping is used as part of revenge following a break-up, this could be seen as a form of domestic violence,” he added.
“Legally, it does not matter where the items are dumped, whether this is outside an ex-partner’s home, on private property or on a footpath.
“If the material is transported and dumped, then it will be a breach of the legislation.”
Singh also recognised that potential penalties can also be significant and vary considerably across Australia, with different states/territories imposing drastically different consequences.
“Across Australia, fly-tipping can be extremely costly, with penalties ranging from a few hundred dollars for minor littering to hundreds of thousands of dollars for illegal dumping,” said Singh.
“In NSW, individuals can face fines ranging from $5,000 to $500,000, while in Queensland, penalties range from $5,181 to $69,080.”
“Victoria’s maximum penalty is 2,000 penalty units, Western Australia allows fines of up to $62,500, South Australia up to $120,000 and/or two years’ imprisonment, Tasmania up to $42,600, and the ACT up to $5,000 and six months in prison for aggravated littering.”
'Enough for authorities to investigate them'
Singh highlighted that footage can be enough to put authorities on the trail, however a video on its own does not necessarily deem every element required for prosecution.
“If a person is caught dumping items on video, that would certainly be enough for authorities to investigate them,” Singh said.
“If the person who filmed or uploaded the video encouraged or helped organise the dumping, they can potentially be charged with the same offence as the person dumping the material on the basis that they were acting in a joint criminal enterprise.”
Singh highlighted that the person claiming that their item dumping was authorised, must have evidence to support that case.
“If the person dumping the items claimed they had permission from the property owner, then they would usually need to present some evidence of this such as text messages or emails,” he said.
Singh further noted that if authorisation for the disposal was only granted through a verbal conversation, proving such a claim becomes significantly more complex for the parties involved.
“If the permission was given in person or through a phone call, and the property owner disputes this, then it will be up to the authorities as to whether they believe them. It is always better to have some evidence of the permission in writing.”
‘Seen as a form of domestic violence’
When the items belong to an ex-partner, the issue can go beyond illegal dumping and become a potential domestic violence matter.
Specifically, s7 of Crimes (Domestic and Personal Violence) Act 2007 (NSW) can come into account regarding the meaning of “intimidation” which can potentially be relevant if dumping the belongings forms part of harassment, molestation, or conduct causing a reasonable apprehension of violence or damage to a person or property.
“If someone dumps an ex-partner’s belongings outside their home, that could be classed as illegal dumping, particularly if the person has been told not to dump the items there,” he said.
The nature of the contact with the former partner can be particularly important, with Singh indicating that depending on the essence, larger issues can arise.
“It could also be seen as a form of domestic violence, such as harassment, especially if their ex-partner has told them not to approach or contact them.”
Singh’s broader warning is that viral dumping videos can have consequences well beyond social media attention.
“A viral social media video of someone fly-tipping may at first blush appear entertaining, however, it can end up creating legal consequences that are far more serious than people realise,” Singh implied.
“Illegally dumping items is illegal in all states and, depending on the volume and type of material dumped, can result in fines in the tens of thousands or hundreds of thousands of dollars, as well as potential imprisonment.”
