Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 3)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 3) was enacted to address the need for financial support for Defence members in light of the ongoing challenges posed by the COVID-19 pandemic. This instrument, issued on 13 February 2023 by Michael Ian McCulloch, Director of Drafting and Engagement in the Department of Defence, aims to provide a financial allowance to eligible members to assist with the impact of the pandemic. The instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it specifies that the Operation COVID-19 ASSIST Allowance will be payable from 15 February 2023 to members assigned particular PMKeyS numbers, as detailed in Schedule 1. This allowance is intended to provide immediate financial relief to Defence personnel who have been significantly affected by the pandemic.

Scope and Application

This Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 3) applies to specific members within the Australian Defence Force as outlined in Schedule 1, which identifies members by their PMKeyS numbers. The instrument outlines the conditions under which the Operation COVID-19 ASSIST Allowance will be paid to eligible members from 15 February 2023. It is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and its provisions are applicable to those members who fall within the specified PMKeyS numbers, thereby ensuring targeted financial support during the COVID-19 pandemic. The instrument's commencement is effective upon its registration on the Federal Register of Legislation, marking the official start date for the allowance payments to the eligible members.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 3) sets out the key provisions regarding the payment of an Operation COVID-19 ASSIST Allowance to eligible Defence members. Section 4 of the instrument specifies that the allowance is payable to members who fall within the class of members detailed in Schedule 1, starting from 15 February 2023. The instrument provides a clear definition of the class of members eligible for this allowance by listing the specific PMKeyS numbers in Schedule 1. The instrument is effective from the date of its registration on the Federal Register of Legislation. The Act imposes specific obligations on the Department of Defence to ensure that the Operation COVID-19 ASSIST Allowance is paid to eligible members. It mandates that the allowance is to be paid from 15 February 2023, as outlined in section 4. The obligations extend to accurately identifying and categorising Defence members based on the PMKeyS numbers specified in Schedule 1. The Department must ensure that all eligible members within the specified class receive the allowance without delay, maintaining transparency and accuracy in the process. While the instrument itself does not detail specific offences, penalties, or consequences for non-compliance, it is important to note that any breach of Defence determinations can lead to significant repercussions. Under the Defence Act 1903, non-compliance with Defence determinations can result in disciplinary action against Defence members, including possible administrative penalties or other corrective measures. The severity of the consequences would depend on the nature and extent of the non-compliance, but it underscores the importance of adhering to the provisions set forth in this instrument.