Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 6)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 6), enacted by the Director, Drafting and Engagement, Michael Ian McCulloch, on 28 March 2023, is a notifiable instrument made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. This instrument addresses the need to provide financial assistance to specific members of the Defence Force in response to the operational demands and challenges presented by the COVID-19 pandemic. The allowance is designed to support members assigned certain PMKeyS numbers, ensuring they receive the necessary support during this period of heightened operational activity. The instrument will come into effect upon its registration on the Federal Register of Legislation. The enacting authority for this instrument is clearly outlined, and it is intended to provide the Operation COVID-19 ASSIST Allowance to eligible members from 29 March 2023. The specific members eligible for this allowance are detailed in Schedule 1 of the instrument, which lists the applicable PMKeyS numbers. This legislative measure aims to recognise and support the dedicated service of Defence Force members during a challenging time, ensuring they receive the appropriate financial assistance to maintain operational effectiveness.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 6) applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers, as outlined in Schedule 1 of the instrument. This notifiable instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it establishes the payment of Operation COVID-19 ASSIST Allowance for eligible members, which is payable from 29 March 2023. The instrument is a Commonwealth regulation, and its application extends to the members within the specified class who are directly affected by the allowance. There are no stated exclusions, exemptions, or thresholds in the instrument itself; however, further conditions and details may be provided through subordinate instruments or additional Defence Determinations.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 6) introduces the operation of a specific allowance for certain Defence Force members, commencing from 29 March 2023 (section 4). The allowance, referred to as the Operation COVID-19 ASSIST Allowance, is payable to Defence Force members who are classified under a specific category of members detailed in Schedule 1 of the instrument. This classification is based on specific PMKeyS numbers assigned to eligible members. The instrument is a notifiable instrument made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The obligations imposed by this instrument primarily revolve around the timely and accurate identification of eligible Defence Force members and the subsequent payment of the Operation COVID-19 ASSIST Allowance to those members. The instrument mandates that Defence Force members who meet the criteria specified in Schedule 1 are to be paid the allowance from the effective date of the instrument, which is 29 March 2023. This involves the Defence Force administration verifying the PMKeyS numbers of its members against those listed in Schedule 1 and ensuring that those who qualify are included in the payroll for the allowance from the commencement date. Breaches of the obligations set forth in this instrument may result in administrative or legal consequences, although the specific penalties for non-compliance are not explicitly stated in the instrument. It is implied that failure to correctly identify and pay eligible members could lead to legal action or administrative penalties. The exact nature and extent of these consequences would depend on the Defence Force's internal policies and the broader legal framework governing Defence Force operations and administration. The instrument itself does not provide explicit details on the penalties for non-compliance but highlights the importance of adhering to its provisions.