Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 3)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 3) was enacted to address the specific needs of certain Defence members during the COVID-19 pandemic. This instrument, made under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, provides for the payment of an Operation COVID-19 ASSIST Allowance to members who are assigned specific PMKeyS numbers, as outlined in the schedule. The allowance is designed to support Defence members who have been directly impacted by the COVID-19 pandemic, reflecting the policy objective of offering financial assistance to those affected by the extraordinary circumstances of the pandemic. The instrument came into effect upon its registration on the Federal Register of Legislation, providing timely support to eligible members. This notifiable instrument, made by Michael Ian McCulloch, Director, Drafting and Engagement, Department of Defence, on 23 May 2022, aims to ensure that Defence members receive the necessary support during a challenging period. By specifying the commencement date of the allowance as 26 May 2022, the instrument ensures that affected members are not left without financial support for an extended period, thereby fulfilling the policy objective of timely assistance to those impacted by the COVID-19 pandemic. The detailed list of eligible PMKeyS numbers in the schedule ensures that the allowance is targeted to those members who need it most.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 3) applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers, as detailed in Schedule 1 of the instrument. This instrument, which commences on its registration on the Federal Register of Legislation, mandates the payment of the Operation COVID-19 ASSIST Allowance to eligible members from 26 May 2022. It is made under section 4.12.4 of the Defence Determination 2016/19, Conditions of service. The instrument outlines the specific conditions under which the allowance is payable, and it is applicable to those Defence Force members who fall within the designated categories outlined in the schedule. No specific exclusions or exemptions are noted within the text of the instrument, and any further application or restriction details are to be found in subordinate instruments or related legislation.

Key Provisions

The main operative sections of this notifiable instrument are sections 1 to 4, which establish the name, commencement, authority, and the payment of the Operation COVID-19 ASSIST Allowance, respectively. Specifically, section 4 (4) states that the Operation COVID-19 ASSIST Allowance is payable from 26 May 2022 for members who fall within the class of members specified in Schedule 1 of this Instrument. The obligations and requirements imposed by this Act are primarily on the Department of Defence and its members. Under section 4 (4), the Department of Defence must ensure that members who are assigned specific PMKeyS numbers, as outlined in Schedule 1, receive the Operation COVID-19 ASSIST Allowance from the specified commencement date. This requirement underscores the necessity for precise record-keeping and payroll adjustments to accommodate the new allowance. The Act also implicitly requires the Department to communicate the details of the allowance to the relevant members, ensuring they are aware of their entitlement and the commencement date. Any failure to comply with the provisions of this instrument could result in civil or criminal consequences, although the specific nature of these consequences is not detailed in the provided text. Given the legislative context, non-compliance could potentially lead to legal actions against the Department of Defence, or individuals within it, for failure to adhere to Defence Determination requirements. The maximum penalties, if applicable, are not specified in the text provided but would generally be in line with Defence Determination 2016/19 and other relevant legislative frameworks. In summary, this notifiable instrument sets out clear provisions for the payment of a specific allowance to members of the Defence Force, with obligations resting on the Department of Defence to ensure compliance with the new financial arrangements. The instrument is designed to provide clarity and direction to both the Department and the members affected by the allowance.