Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 22)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 22) was enacted to address the need for providing a specific allowance to certain Defence members in response to the COVID-19 pandemic. The instrument was issued under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and is intended to provide financial support to eligible Defence personnel who have been significantly affected by the pandemic. This initiative aims to acknowledge and compensate for the additional burdens and challenges faced by these members during a critical period. Made by Michael Ian McCulloch, the Director of Drafting and Engagement within the Department of Defence, this instrument comes into effect upon its registration on the Federal Register of Legislation. It ensures that eligible members, defined by specific PMKeyS numbers, receive the Operation COVID-19 ASSIST Allowance from 8 November 2023, thereby providing timely support to those who have been particularly impacted by the ongoing pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 22) applies specifically to members of the Australian Defence Force who are assigned particular PMKeyS numbers as specified in Schedule 1 of the instrument. This instrument ensures that eligible members receive the Operation COVID-19 ASSIST Allowance from 8 November 2023. It is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and its application is national, covering all members of the Defence Force who meet the criteria outlined in the Schedule. The instrument’s commencement date is the date of registration on the Federal Register of Legislation, and no exclusions or exemptions are specified within the text. Any further application or restriction of the allowance may be detailed in subordinate instruments, which can extend or specify conditions of eligibility beyond the basic provisions outlined in this determination.

Key Provisions

The main operative sections of this notifiable instrument pertain to the commencement and payment of the Operation COVID-19 ASSIST Allowance (section 4). This instrument specifies that the allowance is payable to members assigned certain PMKeyS numbers, which are detailed in Schedule 1. The allowance is to be paid from 8 November 2023, the date specified in section 4. This means that any member who falls under the class of members defined in Schedule 1 will be eligible for the Operation COVID-19 ASSIST Allowance from this date forward. The obligations imposed by this Act are primarily on the Department of Defence, ensuring that the Operation COVID-19 ASSIST Allowance is paid to the eligible members. The Department must verify the eligibility of members based on the PMKeyS numbers listed in Schedule 1. It is also the responsibility of the Department to ensure that the allowance is disbursed correctly and on time, specifically from 8 November 2023. The Act does not outline specific administrative procedures for verifying eligibility or disbursing the allowance, implying that existing internal processes within the Department of Defence will be utilised for these purposes. There are no explicit offences, penalties, or civil/criminal consequences detailed within this notifiable instrument for breaches of the conditions set out for the Operation COVID-19 ASSIST Allowance. The instrument focuses primarily on the commencement and payment of the allowance, without delving into enforcement mechanisms or consequences for non-compliance. However, any failure to comply with the provisions could potentially lead to internal Defence administrative actions, given the nature of Defence Determinations and their enforcement within the Department.