Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 10)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 10) was enacted to address the need for a financial assistance measure for certain members of the Australian Defence Force (ADF) during the COVID-19 pandemic. This notifiable instrument was made by Leah Bellew, Director of Drafting and Engagement within the Department of Defence, under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The policy objective of this instrument is to provide the Operation COVID-19 ASSIST Allowance to eligible ADF members, recognising their service and the additional burdens faced during the pandemic. The allowance is payable from 28 September 2022, applicable to members assigned specific PMKeyS numbers outlined in Schedule 1 of the instrument. This instrument is effective from the date of its registration on the Federal Register of Legislation and aims to ensure timely support for affected ADF members. By establishing this allowance, the Defence Determination seeks to provide necessary financial relief to those who have been particularly impacted by the COVID-19 pandemic, thereby maintaining morale and acknowledging their dedication to service.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 10) applies to specific members within the Australian Defence Force, identified by their PMKeyS numbers listed in Schedule 1 of the instrument. This instrument is a notifiable instrument made under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and it sets forth the payment of the Operation COVID-19 ASSIST Allowance to eligible members starting from 28 September 2022. The instrument comes into effect upon its registration on the Federal Register of Legislation, thereby establishing a clear commencement date and ensuring that the allowance payments are administered in accordance with the specified conditions. This legislative instrument is limited in its application to the Defence Force and does not extend to other industries or entities outside the Defence sphere.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 10) include the commencement and payment provisions. Section 2 states that the instrument commences upon registration on the Federal Register of Legislation. Section 4 mandates the payment of the Operation COVID-19 ASSIST Allowance to members who fall within the specified class as outlined in Schedule 1, effective from 28 September 2022. The class of members eligible for this allowance is detailed in Schedule 1, which lists various PMKeyS numbers corresponding to different categories of Defence personnel. The obligations imposed by this Act primarily concern the timely payment of the Operation COVID-19 ASSIST Allowance to eligible Defence members. The Department of Defence is required to ensure that members assigned the specified PMKeyS numbers receive their allowance starting from the effective date mentioned in Section 4. This involves accurate identification and classification of members based on their PMKeyS numbers, as detailed in Schedule 1, and the subsequent disbursement of the allowance to these members from 28 September 2022 onwards. Breaches of the provisions outlined in this Instrument may result in civil or criminal consequences, although specific penalties are not detailed within the text. The penalties for non-compliance could potentially include fines, legal action, or other administrative sanctions, depending on the nature and severity of the breach. The maximum penalties, if any, are not specified in the provided excerpt but could be found in related legislation or administrative guidelines.