Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 9)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 9) was enacted to address the need for a financial support mechanism for specific members of the Defence Force during the COVID-19 pandemic. This notifiable instrument, dated 12 September 2022, is made by Michael Ian McCulloch, Director of Drafting and Engagement within the Department of Defence, under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The instrument aims to provide a COVID-19 ASSIST Allowance to eligible members, as specified in the attached schedule, to alleviate financial hardships arising from the pandemic. The allowance is set to be payable from 14 September 2022 to those members who fall within the designated class of members outlined in Schedule 1 of the instrument. The instrument comes into effect upon registration on the Federal Register of Legislation. It identifies the class of members eligible for the COVID-19 ASSIST Allowance by their specific PMKeyS numbers, ensuring that the financial support is directed to those most in need during the challenging period of the COVID-19 pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 9) outlines the conditions under which Operation COVID-19 ASSIST Allowance is payable to specific members of the Defence Force. This instrument applies to Defence Force members assigned specific PMKeyS numbers as listed in Schedule 1, thereby delineating the class of members eligible for the allowance. It is effective from its registration on the Federal Register of Legislation and is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The allowance is payable from 14 September 2022, targeting a defined group of individuals within the Defence Force to support them during the operational challenges posed by the COVID-19 pandemic. The instrument does not explicitly state any exclusions, exemptions, or thresholds beyond those defined by the specified PMKeyS numbers. The scope of the instrument is confined to the Commonwealth jurisdiction, ensuring uniformity and compliance with national defence policies.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2022 (No. 9) outlines the conditions under which a specific allowance is payable to Defence members. According to section 4, the Operation COVID-19 ASSIST Allowance will be payable from 14 September 2022 to members who are classified under Schedule 1 of the instrument. The class of members eligible for this allowance is determined by specific PMKeyS numbers listed in the schedule, which identifies those Defence members who qualify for the allowance. The instrument imposes clear obligations on the Department of Defence to ensure that eligible members receive the Operation COVID-19 ASSIST Allowance as per the provisions outlined. The Department must identify members who fall within the specified class based on the PMKeyS numbers listed in Schedule 1 and ensure that these members are paid the allowance from the designated date of 14 September 2022. The instrument also requires that all payments be processed in accordance with the Defence Determination 2016/19, Conditions of service, specifically under section 4.12.4. While the instrument does not explicitly detail offences, penalties, or consequences for non-compliance, breaches of Defence Determinations can typically lead to significant civil or criminal repercussions. The Defence Force Discipline Act 1982 may apply in cases of non-compliance, leading to disciplinary action against individuals or entities responsible for the breach. Such actions could include fines, imprisonment, or other penalties as prescribed by relevant legislation. The severity of the penalties depends on the nature and extent of the breach, but the Defence Force Discipline Act provides a framework for addressing serious misconduct or failures to comply with Defence directives.