VIC Discarded documents: who owns the contents of kerbside domestic rubbish bins?

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5 June 2022
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Once a rubbish/recycling bin has been moved from a residents property on to the nature strip for roadside collection, who legally owns the contents of the bin?

Are there any laws to stop people from scavenging discarded documents/information from the bin while it is on the nature strip?

Would any documents obtained in this way be admissible in legal proceedings.
 

Tim W

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28 April 2014
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Once a rubbish/recycling bin has been moved from a residents property on to the nature strip for roadside collection, who legally owns the contents of the bin?
The bin belongs to either the Council, or the Council's contracted waste collector.
The contents of the bin still belongs to the person who dumped it.
Are there any laws to stop people from scavenging discarded documents/information from the bin while it is on the nature strip?
Yes.
Would any documents obtained in this way be admissible in legal proceedings.
Not always and not automatically.

Bottom line - keep your nose out of your ex's bins.
 

Rod

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27 May 2014
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You have to check the by-laws of the local council. The council may claim ownership of items put into their bins.

If you happened to 'discover' documents, they may be able to be used, but circumstances will dictate what happens.
 

Tim W

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28 April 2014
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You have to check the by-laws of the local council. The council may claim ownership of items put into their bins.

If you happened to 'discover' documents, they may be able to be used, but circumstances will dictate what happens.
As long as you understand that you would also have to prove that you found them accidentally, which is well-nigh impossible when you discovered them in your ex's household rubbish bin...
 
5 June 2022
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Thank you for your responses but this has nothing to do with an ex, and more to do with whistleblowing on corrupt practices. I must say, legal or not, it is a valuable way of sourcing information on persons of interest. Am I right in thinking it may transgress some local council by-laws rather than being a criminal offence?
 

Tim W

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28 April 2014
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Thank you for your responses but this has nothing to do with an ex, and more to do with whistleblowing on corrupt practices.
You said
"...from a resident's property..."
from which the logical inference is that you are making a target of a private person.
Thing is, it is only holders of public office, acting in that capacity, who are capable at law of being corrupt.
(private citizens "doing the corrupting" (so to speak) are usually committing different offences)
Am I right in thinking it may transgress some local council by-laws rather than being a criminal offence?
No.
In any event, in NSW, breaches of local government by-laws are usually offences.

All in all, my suggestion above remains the position - stay out of other people's bins.