From the 1970s to at least 2004, the Australian Defence Force (ADF) regularly conducted firefighting drills using a type of firefighting foam known as Aqueous Film Forming Foam. This foam consists of toxic chemicals known as ‘PFAS’.
This class action was for members of the Wreck Bay community who own, or have owned property in Wreck Bay on or before 1 September 2016. The claim is to compensate eligible persons for the PFAS contamination in Jervis Bay which has negatively impacted properties, land values, livelihoods and the cultural practices of the Wreck Bay community.
The ADF commenced a detailed site investigation at HMAS Creswell and Jervis Bay Range Facility in March 2017, with the results detecting PFAS in surface water, groundwater and sediment around the base. The report found widespread PFAS contamination in groundwater both on and off-base, exceeding health-based recommendations for drinking water.
On 19 June 2023, the Federal Court of Australia approved the $22 million dollar settlement of the Jervis Bay PFAS Contamination Class Action. On 8 September 2023, the Court approved the Settlement Distribution Scheme, which determined how compensation is distributed to members of the class action. The class action and the administration of the class action settlement have now concluded.
The Jervis Bay PFAS Contamination Class Action did not include any claims related to health issues or personal injury arising from exposure to PFAS.
Frequently Asked Questions
What is PFAS?
Per- and poly-fluoroalkyls (PFAS) are a class of harmful chemicals commonly found in products that reduce heat, stains, grease and water. They are common in many household products, such as carpets and non-stick cookware. PFAS are concerning because they do not naturally degrade. They are ingested by humans and animals, and accumulate in the body. A small amount of daily exposure can lead to high concentrations over time.
PFAS soil and groundwater contamination can lead to high levels of the chemical in drinking water, agricultural land, animals and residents.
The full effect on human health is not known.
Who is the claim against?
This is a class action against the Commonwealth of Australia (Department of Defence) (Commonwealth). It is alleged that the Commonwealth negligently allowed contaminants within the fire-fighting foam, to escape from Defence Bases around Australia, causing damage to property owners and/or causing unlawful impacts.
