Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 16)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 16) was enacted to address the need for financial assistance for Defence members in response to the operational demands of the COVID-19 pandemic. This notifiable instrument, made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, was created by Michael Ian McCulloch, Director Drafting and Engagement, and commenced upon registration on the Federal Register of Legislation. The policy objective behind this instrument is to provide a financial support mechanism, known as the Operation COVID-19 ASSIST Allowance, to eligible Defence members to assist them with the added stress and responsibilities associated with the pandemic. The allowance is payable to members specified in Schedule 1 from 21 December 2022 and to those specified in Schedule 2 from 4 January 2023.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 16) applies specifically to members of the Defence Force who are assigned certain PMKeyS numbers, as detailed in Schedules 1 and 2 of the instrument. This instrument sets out the commencement date for the payment of the Operation COVID-19 ASSIST Allowance for these members, with different dates specified for members falling within the classes listed in each schedule. The instrument applies on a national level, operating within the framework of the Defence Determination 2016/19, Conditions of service. The allowance is to be paid from 21 December 2022 for members in the class specified in Schedule 1 and from 4 January 2023 for those in the class specified in Schedule 2. The instrument does not explicitly state any exclusions or exemptions, suggesting that all members assigned the specified PMKeyS numbers are eligible for the allowance. The scope and application of this instrument are further extended or restricted through subordinate instruments, as authorised by section 4.12.4 of Defence Determination 2016/19.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 16) outlines the payment schedule for the Operation COVID-19 ASSIST Allowance to Defence members. The allowance is payable to members assigned specific PMKeyS numbers, as detailed in Schedule 1 and Schedule 2. Members in the class specified in Schedule 1 are eligible for the allowance from 21 December 2022, while those in the class specified in Schedule 2 are eligible from 4 January 2023 (section 4). This instrument provides clarity on when eligible members can expect to receive the allowance. The Defence Determination imposes specific obligations on Defence members who fall within the designated classes outlined in Schedule 1 and Schedule 2. Members must ensure they are assigned the correct PMKeyS numbers to qualify for the allowance. Additionally, they must comply with any administrative procedures necessary for the timely receipt of the allowance. The Department of Defence is responsible for ensuring that eligible members are correctly identified and that the allowance is paid as per the specified dates. Failure to comply with the conditions set out in the Defence Determination could lead to civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of Defence regulations can result in disciplinary action against Defence members. Furthermore, the Department of Defence may face legal repercussions if they fail to administer the allowance correctly or within the stipulated timeframes. The exact penalties would depend on the nature and severity of the breach, as governed by broader Defence regulations and applicable Australian laws.