Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 17)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 17) was enacted to address the need for additional financial support for specific categories of Defence personnel in response to the challenges posed by the COVID-19 pandemic. This notifiable instrument was introduced to ensure that affected members receive necessary assistance during this period. It is made under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service, by Michael Ian McCulloch, Director of Drafting and Engagement in the Department of Defence. The primary policy objective of this instrument is to provide the Operation COVID-19 ASSIST Allowance to eligible members starting from 9 October 2024, as outlined in Schedule 1 of the instrument. This initiative aims to support Defence personnel who are assigned particular PMKeyS numbers, ensuring they receive the required financial assistance during these challenging times.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 17) applies to a specific class of members within the Australian Defence Force as designated in Schedule 1 of the instrument. This class of members is identified by specific PMKeyS numbers and is entitled to the Operation COVID-19 ASSIST Allowance. The instrument was made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it comes into effect upon registration on the Federal Register of Legislation. The allowance is to be paid from 9 October 2024 to eligible members. This legislation specifically targets Defence personnel assigned to particular roles as outlined in the schedule, and its application is limited to those members who meet the specified criteria. There are no stated exclusions or exemptions within the text provided, and the scope of the allowance payment is confined to the identified class of members. The instrument does not extend its application beyond the specified members or conditions, nor does it provide for subordinate instruments to modify its scope.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 17) revolve around the commencement and payment of the Operation COVID-19 ASSIST Allowance to specific classes of Defence members. Section 2 states that the instrument commences on registration on the Federal Register of Legislation, setting the official start date of the provisions. Section 4 outlines that the Operation COVID-19 ASSIST Allowance is payable from 9 October 2024 to members who fall within the class specified in Schedule 1 of the instrument. This allowance is a financial benefit intended to support Defence members during the COVID-19 pandemic. The obligations and requirements imposed by this Act are primarily centred on the eligibility and payment of the Operation COVID-19 ASSIST Allowance. The class of members eligible for this allowance is defined in Schedule 1, which lists specific PMKeyS numbers that must be matched by the Defence members. This means that only members with the specified PMKeyS numbers are eligible to receive the allowance. The Act also mandates that the allowance be paid from the date specified in Section 4, ensuring that eligible members receive the financial support in a timely manner. The payment process must adhere to the conditions set forth in the Act to maintain compliance and fairness. The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 17) does not explicitly state any offences, penalties, or civil/criminal consequences for breach within the text provided. However, the implication is that failure to comply with the requirements for the payment of the Operation COVID-19 ASSIST Allowance could lead to legal repercussions. Such breaches might be addressed under broader Defence regulations or administrative actions. The absence of specific penalties in this text suggests that any enforcement actions would be governed by the overarching Defence Determination 2016/19, Conditions of service.