Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 23)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 23) was enacted to address the need for financial support for specific members of the Defence Force during the COVID-19 pandemic. The instrument, made by Jessica Helen Cameron, Acting Director Drafting and Engagement, is under the authority of section 4.12.4 of Defence Determination 2016/19, Conditions of service. It aims to provide the Operation COVID-19 ASSIST Allowance to members identified in Schedule 1 of the instrument, who are assigned specific PMKeyS numbers, starting from 22 November 2023. This allowance is intended to assist these members during the pandemic, ensuring they receive financial support tailored to their specific roles and needs. The instrument was created in response to the unique challenges faced by Defence Force members during the COVID-19 pandemic, recognising the necessity for additional financial assistance to support these individuals in their critical roles. By setting the commencement date on registration on the Federal Register of Legislation, the instrument ensures timely and effective implementation of the allowance, reflecting the government's commitment to supporting its Defence personnel during this period of crisis.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 23) pertains to members of the Defence Force who are assigned specific PMKeyS numbers, as outlined in Schedule 1 of the instrument. This instrument is designed to regulate the conditions of service by providing a COVID-19 ASSIST Allowance to eligible members. It applies to the Commonwealth of Australia and is applicable to members who are directly employed within the Defence Force. The allowance is payable from 22 November 2023, and this instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The instrument comes into effect upon its registration on the Federal Register of Legislation. There are no stated exclusions or exemptions within this instrument, but its scope is limited to the class of members specified in the attached schedule. This instrument may be further refined or extended through subordinate instruments, though none are mentioned in the text provided.

Key Provisions

The main operative sections of this legislation detail the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 23). This instrument, created under section 4.12.4 of Defence Determination 2016/19, establishes the payment of Operation COVID-19 ASSIST Allowance for members falling within a specific class (section 4). This allowance is payable from 22 November 2023 to members assigned specific PMKeyS numbers, detailed in Schedule 1. The Act imposes certain obligations on Defence personnel. Members within the specified class of members, as outlined in Schedule 1, are entitled to the Operation COVID-19 ASSIST Allowance from the date mentioned in the instrument. Additionally, the Department of Defence is responsible for ensuring that eligible members are identified and that the allowance is disbursed correctly and in a timely manner. In terms of legal consequences, the legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breaches within this particular instrument. However, failure to comply with Defence Determination 2016/19 or its conditions may lead to disciplinary actions or other administrative consequences as prescribed by the overarching Defence legislation. It is important for all parties involved to adhere to the requirements set forth to avoid any potential repercussions.