Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 2)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 2) was enacted to provide an allowance for specific members of the Australian Defence Force during the COVID-19 pandemic. This notifiable instrument, made by Michael Ian McCulloch, Director, Drafting and Engagement within the Department of Defence, is aimed at addressing the financial challenges faced by defence personnel as a result of the pandemic. The allowance, referred to as the Operation COVID-19 ASSIST Allowance, is payable to members who fall within the class of members specified in the attached Schedule 1, starting from 12 May 2022. The instrument is authorised under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and it comes into effect upon registration on the Federal Register of Legislation. The policy objective behind this determination is to offer financial support to Defence members who are impacted by the COVID-19 pandemic. By providing this allowance, the Australian government aims to assist defence personnel who have been required to make significant personal sacrifices and adjustments due to the ongoing health crisis. The allowance is intended to alleviate some of the financial burdens faced by these individuals, thereby supporting their overall wellbeing and ensuring that the Defence Force remains effectively staffed and operational during this challenging period.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 2) applies to members of the Australian Defence Force who fall within a specific class of members as outlined in Schedule 1 of the instrument. This instrument, made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, sets out the criteria for payment of the Operation COVID-19 ASSIST Allowance, which is applicable to members assigned certain PMKeyS numbers. The instrument commences upon registration on the Federal Register of Legislation and provides for the payment of the allowance from 12 May 2022. The allowance is a Commonwealth initiative, aimed at supporting defence personnel during the COVID-19 pandemic. This determination applies nationwide across Australia, encompassing all states and territories, as it is a Defence instrument. The instrument does not explicitly state any exclusions, exemptions, or thresholds beyond those specified in Schedule 1. Additionally, while the primary instrument outlines the conditions and commencement details, further clarification or extensions might be provided through subordinate instruments or administrative guidelines issued by the Department of Defence.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 2) involve the commencement and payment of the Operation COVID-19 ASSIST Allowance for specific classes of members within the Australian Defence Force (ADF). Section 2 specifies that this instrument will commence on registration on the Federal Register of Legislation, and Section 4 outlines the criteria and payment details for the allowance. Schedule 1 lists the specific PMKeyS numbers for members eligible for the allowance. The Act imposes obligations on the Department of Defence to ensure that the Operation COVID-19 ASSIST Allowance is paid to eligible members from 12 May 2022. It specifies that the allowance is payable to members who fall within the class of members defined in Schedule 1. The determination mandates that the Department of Defence reviews the eligibility of members based on the listed PMKeyS numbers and processes the payments accordingly. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for non-compliance with the provisions of this instrument. However, it is expected that failure to adhere to the stipulated conditions for the payment of the allowance could result in administrative or procedural consequences, including potential legal action for non-payment if the allowance is not correctly issued to eligible members. The maximum penalties, if any, would be determined under the relevant Defence administrative regulations and policies.