Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 14)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 14) was enacted to address the need for financial support for specific Defence members during the COVID-19 pandemic. This notifiable instrument, made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, provides for the payment of an Operation COVID-19 ASSIST Allowance to members assigned specific PMKeyS numbers, as detailed in Schedule 1. The instrument aims to provide targeted financial assistance to Defence members who were significantly affected by the pandemic, ensuring they receive support from 19 July 2023. This initiative was introduced by the Department of Defence and is designed to meet the immediate needs of affected members, contributing to their overall welfare and operational readiness during challenging times.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 14) applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers outlined in Schedule 1 of the instrument. This instrument, which commences upon registration on the Federal Register of Legislation, is made under section 4.12.4 of the Defence Determination 2016/19, Conditions of service. The primary focus of the instrument is to establish the conditions under which the Operation COVID-19 ASSIST Allowance will be paid to eligible members from 19 July 2023. The allowance is specifically targeted at members who fall within the class of members as defined in the Schedule 1 of this instrument. While the instrument does not explicitly state any exclusions or exemptions, the eligibility is strictly limited to members with the specified PMKeyS numbers. The application of this instrument is limited to the Commonwealth of Australia, applying to members of the Defence Force across the nation. There is no indication of subordinate instruments extending or restricting the application of this allowance beyond the parameters set out in the main instrument.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 14) introduces specific provisions regarding the payment of an allowance to certain Defence members in response to the COVID-19 pandemic. According to section 4 of the instrument, the Operation COVID-19 ASSIST Allowance is payable to members who fall within the specified class of members detailed in Schedule 1, from the date of 19 July 2023. The determination clarifies that this allowance is applicable to Defence members assigned specific PMKeyS numbers, which are listed in the schedule of the instrument. The obligations imposed by this instrument are primarily on the Department of Defence to ensure that the specified members receive the Operation COVID-19 ASSIST Allowance as per the set conditions. The department must accurately identify and process payments for eligible members based on their PMKeyS numbers as outlined in Schedule 1. The obligation also includes ensuring that all payments are made from the commencement date of the instrument, which is upon its registration on the Federal Register of Legislation. In terms of consequences for non-compliance, the instrument itself does not explicitly detail offences, penalties, or civil or criminal consequences for breach. However, any failure by the Department of Defence to comply with the conditions set out in the instrument could potentially lead to administrative or legal repercussions under broader Defence administrative laws and regulations. The specific consequences would depend on the nature and extent of the non-compliance, and could involve corrective actions, financial penalties, or other administrative measures as prescribed by the relevant Defence legislation and policies.