Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 24)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 24) was enacted to address the need for financial support for certain Defence personnel during the COVID-19 pandemic. This instrument, which comes into effect upon registration on the Federal Register of Legislation, was authorised under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The policy objective is to provide a financial allowance to eligible members in recognition of their service and contributions during the challenging times posed by the pandemic. The allowance, referred to as the Operation COVID-19 ASSIST Allowance, is payable from 6 December 2023 to members who fall within the specified class of members, as outlined in Schedule 1 of the instrument.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 24) 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 designed to provide financial support to these members in relation to their service during the COVID-19 pandemic, commencing from 6 December 2023. The instrument is made under the authority of section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it is applicable within the Commonwealth of Australia. There are no stated exclusions or exemptions within this instrument; however, the specific eligibility criteria are determined by the assigned PMKeyS numbers. The instrument does not extend or restrict its application through subordinate instruments but operates as a standalone piece of legislation in relation to the specified allowances for the defined class of members.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 24) (hereafter referred to as the Instrument) sets out specific provisions regarding the payment of an allowance to certain Defence members. The primary operative section of the Instrument is section 4, which mandates the payment of the Operation COVID-19 ASSIST Allowance to members who fall within the specified class as outlined in Schedule 1 (section 4). This Instrument is designed to ensure that eligible members receive financial assistance in recognition of their service during the COVID-19 pandemic. The Instrument imposes specific obligations on Defence members who fall within the class of members detailed in Schedule 1. These members are eligible for the Operation COVID-19 ASSIST Allowance, provided they meet the criteria outlined in the Instrument (section 4). The Instrument requires Defence to ensure that the designated members receive the allowance from 6 December 2023, as specified in the commencement provisions of the Instrument (section 2). Defence must also ensure that all necessary records and documentation are maintained to support the eligibility and payment of the allowance to the eligible members. The Instrument does not explicitly outline specific offences, penalties, or consequences for breaches within its provisions. However, any failure by Defence to comply with the requirements of the Instrument may result in legal and administrative repercussions. Defence is responsible for ensuring that the allowance is correctly and timely paid to eligible members, and any failure to do so could potentially lead to legal challenges or administrative penalties. It is important that Defence adheres to the obligations set out in the Instrument to avoid any potential legal or financial consequences.