Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 10)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 10) was enacted to address the need for financial support for specific Defence personnel during the COVID-19 pandemic. This notifiable instrument, made by Michael Ian McCulloch, Director Drafting and Engagement within the Department of Defence, under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, aims to provide the Operation COVID-19 ASSIST Allowance to eligible members starting from 19 June 2024. The allowance is payable to Defence members assigned certain PMKeyS numbers, as detailed in Schedule 1 of the Instrument. This initiative is designed to recognise and support the efforts of Defence personnel during the challenging period of the COVID-19 pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 10) applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers, as detailed in Schedule 1 of the instrument. The allowance specified in the instrument is payable from 19 June 2024. The instrument, which commences on its registration on the Federal Register of Legislation, is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. This legislation is applicable within the Commonwealth of Australia, and its reach is limited to those members of the Australian Defence Force who meet the criteria outlined in the schedule. The instrument does not specify any exclusions, exemptions, or thresholds beyond the specified PMKeyS numbers, and any further application details or conditions are likely to be determined through subordinate instruments or subsequent legislative updates.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 10) include the provisions regarding the payment of the Operation COVID-19 ASSIST Allowance (section 4) and the specification of the class of members eligible for this allowance (Schedule 1). Section 4 requires that the Operation COVID-19 ASSIST Allowance be payable from 19 June 2024 to members who fall within the class of members defined in Schedule 1 of this instrument. Schedule 1 identifies the eligible members by their PMKeyS numbers, which are listed therein. The obligations imposed by this Act on the parties or entities it governs are primarily administrative and financial. The Department of Defence is required to ensure that the Operation COVID-19 ASSIST Allowance is calculated and paid to the eligible members as specified. This involves identifying members based on their PMKeyS numbers and processing the payments from the stipulated date. The members, in turn, are expected to meet the eligibility criteria outlined in the instrument and to provide any necessary information required for the accurate disbursement of the allowance. The Act does not explicitly detail offences, penalties, or civil/criminal consequences for breaches. However, failure to comply with the provisions of this instrument, such as not paying the allowance to eligible members or miscalculating payments, could potentially lead to administrative or financial repercussions. While the instrument itself does not specify penalties, breaches of Defence Determinations and Conditions of service can generally result in disciplinary actions, financial penalties, or other administrative consequences under Defence policy and other relevant legislation. It is important for the Department of Defence to ensure strict adherence to the provisions of this instrument to avoid any potential repercussions.