Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 3)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 3), enacted on 12 March 2024 by Jessica Cameron, Acting Director Drafting and Engagement, Department of Defence, addresses the need for a specific allowance to be provided to certain members of the Defence Force in response to the operational demands of the COVID-19 pandemic. This instrument was developed under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and aims to ensure that eligible members receive the Operation COVID-19 ASSIST Allowance from 13 March 2024. The allowance is targeted at members assigned specific PMKeyS numbers, as detailed in Schedule 1 of the instrument, reflecting a policy objective to support Defence personnel facing unique challenges during the COVID-19 crisis.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 3) applies to specific members of the Australian Defence Force who are assigned particular PMKeyS numbers as outlined in Schedule 1 of the Instrument. This instrument ensures that eligible members are granted the Operation COVID-19 ASSIST Allowance, which is payable from 13 March 2024. The jurisdiction of this instrument is national, operating under the authority granted by section 4.12.4 of Defence Determination 2016/19, Conditions of service. The instrument's scope is confined to members within the specified PMKeyS numbers and does not extend to other members or entities outside this class. There are no stated exclusions, exemptions, or thresholds within the text of this instrument, although the application may be extended or restricted by subordinate instruments made under the authority of 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. 3) include the commencement of the instrument on its registration on the Federal Register of Legislation (Section 2), the authority under which it is made (Section 3), and the payment of the Operation COVID-19 ASSIST Allowance (Section 4). The instrument specifies that the allowance is payable from 13 March 2024 for members who fall within the class of members listed in Schedule 1 of the instrument (Section 4). The class of members eligible for the allowance is defined by specific PMKeyS numbers detailed in Schedule 1. This instrument imposes several obligations and requirements on the relevant parties. Firstly, it mandates that the Operation COVID-19 ASSIST Allowance be paid to eligible members from the specified date, which is 13 March 2024. The Department of Defence, as the governing body, must ensure that all eligible members receive the allowance as stipulated. Additionally, the instrument requires that the eligibility of members be verified based on their assigned PMKeyS numbers as listed in Schedule 1. Accurate record-keeping and timely payment are crucial to comply with the provisions of this instrument. Failure to comply with the provisions of this instrument may result in legal consequences. While the instrument does not explicitly outline specific offences, penalties, or consequences for breach, non-compliance could potentially lead to civil or administrative actions against the Department of Defence. For instance, if eligible members do not receive their allowances due to non-compliance, they may seek redress through legal channels. Furthermore, the instrument's authority under section 4.12.4 of Defence Determination 2016/19, Conditions of service, implies that any breaches could be subject to the broader legal framework governing defence determinations and conditions of service.