Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 21)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 21) was enacted on 23 October 2023 to address the need for specific financial support for certain Defence members during the COVID-19 pandemic. This notifiable instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, by Michael Ian McCulloch, Director of Drafting and Engagement at the Department of Defence. The primary objective of this instrument is to provide an Operation COVID-19 ASSIST Allowance to eligible Defence members starting from 25 October 2023, as specified in Schedule 1 of the instrument. This legislation aims to ensure that Defence members assigned certain PMKeyS numbers receive the Operation COVID-19 ASSIST Allowance, recognising the unique challenges faced by these individuals during the pandemic. The allowance is intended to offer financial support and assistance to those who have been significantly affected by the ongoing health crisis. The commencement of this instrument is tied to its registration on the Federal Register of Legislation, ensuring that the provisions are officially in effect from the specified date.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 21) applies specifically to members of the Australian Defence Force who fall within a designated class of members as outlined in Schedule 1 of the Instrument. This instrument, which comes into effect upon its registration on the Federal Register of Legislation, is made under the authority of section 4.12.4 of Defence Determination 2016/19, Conditions of service. The allowance, referred to as the Operation COVID-19 ASSIST Allowance, is payable to eligible members from 25 October 2023. This instrument does not extend its application beyond the specified class of members assigned particular PMKeyS numbers, as detailed in Schedule 1. The scope of the Act is limited to the members assigned these specific PMKeyS numbers, and no broader exemptions or exclusions are stated within the text.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 21) focus on the introduction and commencement of the Operation COVID-19 ASSIST Allowance for specified members of the Defence Force. Section 1 identifies the name of the instrument, and Section 2 establishes that the instrument commences upon its registration on the Federal Register of Legislation. Section 4 specifies that the Operation COVID-19 ASSIST Allowance is payable from 25 October 2023 to members who fall within the class outlined in Schedule 1. This Act imposes specific obligations on the parties involved, notably the Department of Defence and the eligible members. The Department of Defence is required to ensure that the Operation COVID-19 ASSIST Allowance is paid to the eligible members from the specified commencement date. Eligible members, as defined in Schedule 1, must meet the criteria of being assigned one of the specified PMKeyS numbers to qualify for the allowance. Additionally, these members are obligated to provide any necessary information or documentation required by the Department of Defence to process and verify their eligibility for the allowance. The legislation does not explicitly outline offences, penalties, or consequences for breaches within the text provided. However, breaches of Defence Determinations or failure to comply with the conditions set out in the Defence Determination 2016/19 could lead to various civil or criminal repercussions depending on the severity and nature of the breach. In general, non-compliance with Defence regulations could result in administrative actions, financial penalties, or other disciplinary measures as deemed appropriate by the Defence authorities. The specific penalties would be determined in accordance with the Defence Force Discipline Regulations and other relevant legal provisions.