Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 20)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 20) was enacted to establish the payment of an allowance to specific members of the Australian Defence Force in response to the operational needs arising from the COVID-19 pandemic. This notifiable instrument was created under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and it aims to provide financial support to eligible members involved in COVID-19 assistance operations from 11 October 2023. The instrument was issued by Michael Ian McCulloch, Director of Drafting and Engagement at the Department of Defence, and it is scheduled to commence upon its registration on the Federal Register of Legislation.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 20) applies to members of the Australian Defence Force (ADF) who are assigned specific PMKeyS numbers, as detailed in Schedule 1 of the instrument. This instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it specifies the commencement of the payment of the Operation COVID-19 ASSIST Allowance to eligible ADF members. The allowance is payable from 11 October 2023. This instrument is a notifiable instrument under section 4.12.4 of Defence Determination 2016/19, and it commences on registration on the Federal Register of Legislation. The scope of the Act is confined to the ADF members who meet the criteria outlined in the schedule, and it does not extend to any other individuals or entities outside of this class. The instrument does not specify any exclusions, exemptions, or thresholds beyond those members identified by their PMKeyS numbers in the schedule.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 20) introduces specific provisions regarding the payment of an allowance to certain Defence Force members. Section 4 of the instrument stipulates that the Operation COVID-19 ASSIST Allowance will be payable to members who fall within the class of members specified in Schedule 1, starting from 11 October 2023. The class of members includes those assigned specific PMKeyS numbers, detailed in Schedule 1 of the instrument. This allowance is part of the conditions of service for these Defence Force members. The Act imposes obligations on the Department of Defence to ensure that eligible members receive the Operation COVID-19 ASSIST Allowance as stipulated. It requires the Department to identify members who fall within the specified class and process their payments accordingly from the commencement date. The Department must also ensure that the information in Schedule 1 is correctly applied to determine eligibility. This includes maintaining accurate records and ensuring that all eligible members are informed about the allowance and its payment schedule. There are no specific offences, penalties, or consequences outlined in the text for non-compliance with the provisions of this instrument. However, the failure to adhere to the stipulated conditions could result in legal consequences under the broader Defence Determination 2016/19, Conditions of service. The exact nature of these consequences would depend on the terms of the overarching legislation and any subsequent regulations or determinations. Members who do not receive their allowances as per the conditions may seek redress through the appropriate Defence Force administrative and legal channels.