Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 13)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 13) was enacted to address the need for providing financial support to Defence members who were significantly affected by the COVID-19 pandemic. This instrument was introduced under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service. It was made by Jessica Cameron, Acting Director of Drafting and Engagement in the Department of Defence, and it commenced upon registration on the Federal Register of Legislation on 3 July 2023. The primary objective of this instrument is to ensure that eligible Defence members receive the Operation COVID-19 ASSIST Allowance, which is payable from 5 July 2023, as a form of assistance to help mitigate the impact of the pandemic on their financial stability. This legislation targets specific Defence members who fall within the class of members defined in Schedule 1 of the instrument. These members are identified by specific PMKeyS numbers, and the allowance is intended to provide them with much-needed financial support during the challenging times brought about by the COVID-19 crisis. The allowance is a tangible expression of the government's commitment to supporting its Defence personnel who have been particularly affected by the pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 13) applies to specific members of the Defence Force who are assigned particular PMKeyS numbers. This instrument mandates the payment of an Operation COVID-19 ASSIST Allowance to these members from 5 July 2023. The instrument operates under the authority granted by section 4.12.4 of Defence Determination 2016/19, Conditions of service, and comes into effect upon registration on the Federal Register of Legislation. The allowance is a financial provision aimed at supporting Defence personnel during the COVID-19 pandemic, and the scope of its application is strictly limited to the members identified in Schedule 1 of the instrument. This instrument does not extend its application to any other classes of members or personnel outside the specified PMKeyS numbers.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 13) outlines the conditions for the payment of the Operation COVID-19 ASSIST Allowance to certain Defence members. Specifically, section 4 provides that the allowance is payable to members who fall within the class of members specified in Schedule 1 of the Instrument. These members are identified by their PMKeyS numbers, a list of which is detailed in Schedule 1. The allowance is set to be payable from 5 July 2023, as stated in the Instrument. The obligations imposed by this Instrument are primarily directed towards the Defence members who are eligible for the Operation COVID-19 ASSIST Allowance. The members must ensure that they are correctly identified as being part of the class of members specified in Schedule 1 by their PMKeyS numbers. This identification is crucial for them to be eligible for the allowance payment. The Instrument also places an obligation on the Defence administration to process and disburse the allowance to the eligible members from the specified date of 5 July 2023. There are no explicit offences, penalties, or civil/criminal consequences detailed within the Instrument for breach of its provisions. The Instrument is focused on the administrative and financial aspects of the allowance payment rather than penal measures. Therefore, any failure to comply with the conditions set out in the Instrument would likely be addressed through administrative means rather than through imposition of fines or other penalties.