Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 9)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 9) was enacted to address the specific needs of Defence members during the COVID-19 pandemic. This notifiable instrument, made by Michael Ian McCulloch, Director Drafting and Engagement, under the authority of section 4.12.4 of Defence Determination 2016/19, aims to provide financial assistance to Defence members assigned to particular PMKeyS numbers, ensuring they receive the Operation COVID-19 ASSIST Allowance from 10 May 2023. The policy objective of this instrument is to support eligible Defence members during the challenging times brought about by the COVID-19 pandemic, recognising their service and commitment. This instrument commences on its registration on the Federal Register of Legislation.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 9) applies specifically to members within the Australian Defence Force who are assigned certain PMKeyS numbers, as detailed in Schedule 1 of the instrument. The instrument, which commenced on its registration on the Federal Register of Legislation, aims to provide the Operation COVID-19 ASSIST Allowance to eligible members from 10 May 2023. This allowance is a financial support measure put in place to assist members who are affected by the COVID-19 pandemic. The instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and its application is limited to the specified class of ADF members. The geographic and jurisdictional reach of this instrument is confined to the Commonwealth of Australia, applying exclusively to Defence Force members as designated. There are no stated exclusions, exemptions, or thresholds in the text, and the instrument itself does not extend or restrict its application through subordinate instruments.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2023 (No. 9) introduces a new allowance, the Operation COVID-19 ASSIST Allowance, to be paid to certain members of the Defence force (section 4). This allowance becomes payable from 10 May 2023, as stipulated in section 4. The exact class of members eligible for this allowance is detailed in Schedule 1, which lists specific PMKeyS numbers identifying the eligible personnel. This instrument is formally recognised under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and its commencement is tied to 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 as outlined in Schedule 1. The Department must identify and verify the PMKeyS numbers of the members who fall within the specified class, ensuring that the allowance is disbursed accurately and on time. Furthermore, the Department must maintain records of the payment process and eligibility criteria to ensure compliance with the legislative requirements. Breaches of the provisions set out in this instrument could result in administrative or financial penalties, although specific penalties are not explicitly stated in the text. The consequences for failing to comply with the payment obligations could include legal action, financial restitution, or other disciplinary measures as deemed appropriate by the relevant authorities. The severity of these consequences would depend on the extent of the non-compliance and the impact on the affected members.