Think tossing misdelivered mail is harmless? The law says otherwise

We’ve all been there—standing at the letterbox, flipping through a pile of mail, only to find yet another envelope addressed to someone who hasn’t lived at your address for months, maybe even years. The temptation to toss it in the bin is real. After all, what harm could it really cause?

More than you might think. What seems like a minor household nuisance could land you in serious legal trouble under Australian law.

The legal reality might shock you

The answer to whether you can throw away someone else’s mail is crystal clear: absolutely not. Sydney-based solicitor Angela Omari warns that it is illegal to discard mail intended for someone else, no matter how long you’ve been receiving it.

This isn’t just a postal guideline. Under the Criminal Code Act 1995, it’s an offence to intentionally or dishonestly interfere with a postal article without authority. The penalties are harsh: dishonestly interfering with mail can carry up to five years in prison, while intentionally tampering with mail carries a maximum of two years’ imprisonment.

To put it in perspective, Australia’s postal services handle $11.2 billion worth of mail annually, making mail security a serious concern for authorities.

What to do when the mail keeps coming

The most effective way to stop receiving someone else’s mail is to return it to the sender. Australia Post recommends marking the envelope: ‘Return to sender—unknown at this address’, then dropping it in a red posting box or taking it to any post office.

Sometimes, though, this isn’t enough. Take Gold Coast resident Frank Hughes, who bought a property 10 months ago and has returned over 70 letters for the previous owners—sometimes four letters a day.

The risks of opening mail by mistake

Accidentally opening someone else’s mail isn’t a criminal offence. But intent matters. Avinash Singh, principal lawyer at Astor Legal, warns that deliberately opening mail can be classed as mail tampering, with a maximum penalty of five years in jail.

If you open mail accidentally, don’t hold onto it dishonestly. That could be seen as concealment, which carries legal consequences.

Prevention strategies for seniors

Many seniors encounter misdelivered mail after downsizing or moving into retirement communities. Proactive steps can reduce headaches:

A word of caution about mail security

With identity theft and mail fraud on the rise, handling misdelivered mail requires extra care. Even well-meaning actions, like opening an envelope to find a return address, could create legal risk. Australia Post has improved tracking and notification systems, but the responsibility ultimately falls on the recipient.

Mail without a return address is sent to a redistribution centre, where authorised staff open it to identify the sender. If no address is found, it is disposed of safely.

If you think dealing with misdelivered mail is just a minor inconvenience, this story shows how seriously it can be taken in real life.

A delivery mistake by an Australia Post driver not only caused frustration for the recipient but also led to serious consequences for the driver involved.

It’s a striking example of why handling mail correctly and following proper procedures matters more than many realise.

Read more: Australia Post driver's delivery fail costs him his job

Have you been dealing with persistent mail for a previous resident? What creative solutions have you found? Share your experience in the comments below.