Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 18)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 18) was enacted to address the specific financial needs of certain Defence personnel in light of the ongoing impacts of the COVID-19 pandemic. This notifiable instrument, dated 4 November 2024 and made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, aims to provide an Operation COVID-19 ASSIST Allowance to eligible members starting from 6 November 2024. The allowance is intended to support Defence members who have been significantly affected by the pandemic, thereby recognising their service and hardship during these challenging times. This initiative reflects the policy objective of ensuring that the Defence community receives appropriate financial support during periods of national crisis.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 18) applies to members of the Australian Defence Force who fall within the specified class of members as detailed in Schedule 1 of the instrument. This determination sets the conditions for the payment of the Operation COVID-19 ASSIST Allowance to eligible members, which is effective from 6 November 2024. The allowance is applicable to members assigned specific PMKeyS numbers, which are enumerated in the schedule to this instrument. This instrument is a subordinate instrument 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 scope of this instrument is limited to the members identified within the specified class and does not extend to any other Defence Force personnel or civilians.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 18) (the 'Instrument') sets out specific provisions regarding the payment of an allowance to certain members of the Defence Force. The main operative section, section 4, mandates that the Operation COVID-19 ASSIST Allowance is payable to members who fall within the class of members specified in Schedule 1 of the Instrument, from 6 November 2024 (section 4). This allowance is intended to provide financial assistance to eligible members during the COVID-19 pandemic. The Instrument imposes certain obligations on the parties it governs. Specifically, it requires the Defence Force to identify and verify members who are eligible for the Operation COVID-19 ASSIST Allowance based on their PMKeyS numbers as outlined in Schedule 1 (section 1 of Schedule 1). Once identified, the Defence Force must ensure that these members receive the allowance from the specified start date. The Instrument does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any failure by the Defence Force to comply with its obligations under the Instrument could potentially lead to legal repercussions. Such non-compliance might result in disputes or claims from affected members regarding the non-payment of the allowance. Although the Instrument itself does not detail specific penalties, any resultant legal action could involve the enforcement of contractual obligations or seek remedies under relevant legislation.