Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 22)

Overview

The Defence Determination, Conditions of Service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 22) was enacted to address the need for financial support for certain Defence personnel during the COVID-19 pandemic. This notifiable instrument was created under the authority of section 4.12.4 of Defence Determination 2016/19, Conditions of service, and was drafted by Michael McCulloch, Director of Drafting and Engagement within the Department of Defence. The policy objective of this instrument is to provide a financial allowance to Defence members who have been significantly impacted by the operational constraints and challenges posed by the COVID-19 pandemic, starting from 1 January 2025. This allowance aims to support members who have faced disruptions in their service due to the pandemic, ensuring they receive necessary financial assistance during this challenging period. The instrument outlines that the Operation COVID-19 ASSIST Allowance is payable to members who fall within the specified class of members as defined in Schedule 1. This class includes members assigned particular PMKeyS numbers, reflecting the targeted support for those most affected by the pandemic. The allowance is designed to help mitigate some of the financial difficulties experienced by these members due to the unique circumstances of the COVID-19 pandemic. The commencement of this instrument occurs upon its registration on the Federal Register of Legislation, marking the official start of the allowance payments as stipulated.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 22) applies to certain members of the Australian Defence Force who are assigned specific PMKeyS numbers as outlined in Schedule 1. This determination is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and sets out the conditions for the payment of an Operation COVID-19 ASSIST Allowance to eligible members starting from 1 January 2025. The instrument’s jurisdiction is Commonwealth-wide, applying to all members of the Australian Defence Force across Australia. There are no specific exclusions or exemptions noted in the text, though the allowance is contingent upon the members' classification as per the PMKeyS numbers provided in the schedule. The instrument’s scope is limited to the specified members and does not extend to other entities or industries outside the Defence Force. Any further details or modifications to the application of this instrument may be made through subordinate instruments as authorised by the Defence Determination 2016/19.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 22) (hereafter the Instrument) are found within the payment provisions of section 4. This section specifies that the Operation COVID-19 ASSIST Allowance is payable from 1 January 2025 to members who fall within the class of members detailed in Schedule 1 of the Instrument. The class of members is determined by their PMKeyS numbers, which are listed in the schedule. The Instrument imposes obligations on the Department of Defence to ensure that eligible members receive the Operation COVID-19 ASSIST Allowance as per the conditions set out in the Instrument. This includes identifying the members who meet the criteria based on their PMKeyS numbers and making the necessary payments from the specified start date. The obligation extends to maintaining accurate records and ensuring compliance with the terms of the Instrument. Breaches of the requirements set forth in the Instrument may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text of the Instrument, it is implied that failure to comply with the terms could lead to disciplinary actions or other legal ramifications for those responsible for implementing the Allowance. Given the nature of Defence Determinations, breaches could also potentially attract administrative penalties under Defence-specific regulations or directives. The exact nature and extent of these penalties would need to be examined in the context of broader Defence administrative law and regulations.