PFAS: Forever Chemicals, Immediate Consequences
By Maya Sathiamoorthy
Most of us are unaware of what PFAS are – yet, they are everywhere. They are commonly found in construction materials, and according to a government task force, most Australians have detectable levels of PFAS in their blood. Growing health and environmental concern regarding this common ‘forever chemical’ has led to a landmark class action, a Senate enquiry, and activism from communities residing on contaminated land. Rising pressure on regulators will likely mean new rules for the construction industry.
Crisp Law spoke with Joanna Pickford; she is a member of the Hawkesbury PFAS Community Network, and shared her experiences, advocacy, and perspectives on how PFAS impact her region. In this newsletter, we discuss what exactly PFAS are – we also feature Joanna’s story, which illuminates how this emerging environmental and health concern affects Australians, and will soon affect the construction industry.
What are PFAS and how do they affect us?
Per-and Polyfluoroalkyl substances, or PFAS, are a category of 15,000 synthetic chemicals used in many manufactured goods. They’re commonly dealt with by construction professionals – they exist in electronic components, piping, automotive or aerospace technology, and insulation. They can also be hidden in household items such as teflon cookware, clothing apparel, and sanitary products.
“I saw dental floss on sale – I had a look at the ingredients on the back, and sure enough, it had PFAS in it, and was being sold off quietly.” Joanna noted.
These ‘forever chemicals’ contain carbon-fluorine bonds which are highly resistant to degradation. Although their longevity and versatility is desirable for manufacturers and builders, they have recently gained notoriety. Australian health authorities have labelled PFAS as micropollutants which persist in the environment. They concentrate in waterways and proteins found within grass, eggs, fish, beef, and human bodies.
Globally, scientists have begun to observe how even low level exposure to PFAS over a long period can be linked to increased cholesterol, reduced kidney function, alterations to thyroid and sex hormones, lower foetal weight, and issues with menstruation and menopause. In 2017, an expert panel established by the Department of Health found that whilst these links are inconsistent, ‘health effects for individuals exposed to PFAS cannot be ruled out based on current evidence’. The World Health Organisation has declared that some PFAS are carcinogenic to humans.
The Australian PFAS Chemicals Map reports 1557 contamination sites across the country. The activism of affected communities is growing louder; they’re placing immense pressure on regulators to ban products with PFAS and compensate people residing on contaminated land. Joanna Pickford has been heavily involved with such activism – she spoke to us about her involvement with the recent successful PFAS class action against the Australian Defence Force, and gave us an insight into the future of PFAS regulation.
Joanna’s story
Joanna Pickford is retired and lives in the Hawkesbury region; she enjoys collecting eggs from her chickens, and used to let her grandchildren play freely in her garden. In 2018, she was contacted by the Australian Defence Force to test the soil and water quality on her property, due to the nearby Airforce Base in Richmond, which regularly conducted firefighting drills using PFAS-containing foam. It was found that the runoff from the foam ultimately contaminated local water sources which then seeped into soil.
After the ADF’s investigation, Joanna discovered that her land, chickens, and the eggs they laid were highly contaminated with PFAS. To her horror, she had realised that her family was unknowingly eating toxic produce.
“Not only have they violated me, but they have violated my daughter and my grandchildren.”
Testing by Western Sydney University shows that affected areas in NSW have readings 50 times higher than the NSW environmental guidelines. These guidelines are already generous, being 140 times higher than what the United States permits.
Despite her council being aware of elevated levels of PFAS, Joanna described how there was little action from them to prevent locals from swimming and fishing in contaminated bodies of water.
“There’s several different ways of dealing with this; one is to turn a blind eye.”
She also disclosed the financial burden that her community has experienced due to land contamination.
She described neighbours who had lost their agricultural businesses or were unable to sell their properties due to buyers fearing PFAS contamination.
“My friend who helps me run the PFAS advocacy page and her husband lost their business – because they didn’t own the land and were leasing it, they received no recompense whatsoever’.”
In order to ensure her property is desirable to future buyers, Joanna has put a significant amount of time and money into renovating her backyard. This includes adding raised vegetable beds with clean soil, and a paved lawn area so that her grandchildren and animals don’t dig into contaminated ground.
“My chickens are no longer free ranging – I have to buy sawdust for them, they can’t touch the soil. I’ll probably have to give them up soon because I can’t manage the workload.”
Joanna encourages her community to participate in advocacy, and has provided her testimony in the recent class action and senate inquiries.
“The more we look at it, its world-wide, and its horrifying… It makes me angry.”
Regulatory Responses to PFAS
Joanna Pickford was one of 30,000 claimants who participated in the class action against the Commonwealth; these claimants owned land near air force bases across Wagga Wagga, Richmond, Wodonga, Darwin, Townsville, Edinburgh, and Bullsbrook. They alleged that the Commonwealth
negligently permitted the use of materials containing PFAS, resulting in mass contamination.. In August 2023, the Federal Court approved a $132.7m settlement and distribution scheme which compensated members of the class action. When I asked Joanna whether she felt that the Commonwealth had been held accountable, she replied:
“I don’t think they have… they need to better compensate the people whose land is now useless for their business. Also, industry moves faster than the government – they need to completely ban products with PFAS.”
A similar class action was initiated in December 2024, where consumers filed against 3M Australia Pty Ltd in the Supreme Court of Victoria. They filed on the basis that 3M sold products containing PFAs without disclosing the risks, including land and water contamination. They also alleged misleading and deceptive conduct, a breach of a duty of care, and public nuisance. Globally, PFAS related class actions are becoming common. US cases concern groundwater contamination and consumer led actions about manufactured goods; PFAS were found in Hershey’s wrappers (Jonathan Parish, Pennsylvania Federal Court), bubblegum (Abraham Mohamed, Los Angeles County Superior Court in California) and smart watch straps (Dominique Cavalier and Kiley Krzyzek filing against Apple Inc., US District Court 2025).
There is a clear trend of manufacturers being held liable to a large scope of claimants. These consumer-driven claims present a risk to construction professionals, as the materiality of building products can just as commonly be scrutinised.
Joanna adds, “As with asbestos, knowing what’s in your building products is essential.”
Currently, there is a Senate inquiry into the extent and management of PFAS in Australia, and the findings are due to be published in August 2025. These findings will likely shape law reform and create new obligations for builders and landowners. Currently, sellers aren’t required to disclose whether their land has been contaminated by PFAS; but advocacy may result in more rigid rules to ensure buyers are well informed.
“I think the building industry must be involved in change; not only for the health of the workers in the building industry, but for potential buyers of this contaminated land.”
Contact Crisp Law for advice and information at:
Telephone: +61 2 8042 8701
Email: admin@crisplaw.com.au
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