Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 6)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 6) was enacted to address the need for financial assistance for certain Defence members during the COVID-19 pandemic. This notifiable instrument, 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 from 24 April 2024. The instrument was issued by Jessica Cameron, Acting Director of Drafting and Engagement in the Department of Defence, and it is effective from the date of its registration on the Federal Register of Legislation. The policy objective is to support Defence members who were significantly affected by the pandemic by providing a financial allowance to assist with their circumstances.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 6) applies to members of the Australian Defence Force who fall within the specific PMKeyS numbers listed in Schedule 1 of the Instrument. This notifiable instrument, made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, ensures the payment of the Operation COVID-19 ASSIST Allowance to eligible members from 24 April 2024. The instrument, which commences upon registration on the Federal Register of Legislation, has a national reach as it is issued under the authority of the Commonwealth of Australia. There are no stated exclusions or exemptions within the instrument itself, though its application may be extended or restricted through subordinate instruments or regulations. This determination ensures that the allowance is specifically targeted at the class of members defined by the PMKeyS numbers, ensuring clarity and precision in its application across the Defence Force.

Key Provisions

The main operative sections of this legislation are sections 2, 3, and 4. Section 2 specifies the name of the instrument as the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 6). Section 3 indicates that this instrument commences on its registration on the Federal Register of Legislation. Section 4 outlines the authority under which this instrument is made, citing section 4.12.4 of Defence Determination 2016/19, Conditions of service. The core provision of section 4 states that the Operation COVID-19 ASSIST Allowance is payable from 24 April 2024 for members classified under Schedule 1. This Act imposes specific obligations on the Department of Defence to ensure the timely and accurate payment of the Operation COVID-19 ASSIST Allowance to eligible members. The determination clarifies that the allowance is payable from 24 April 2024 for members assigned specific PMKeyS numbers listed in Schedule 1. The obligation falls on the Department of Defence to verify the eligibility of the members and to process and disburse the allowance accordingly. The Department must also ensure that all relevant records are maintained accurately to reflect these payments. The legislation does not explicitly outline specific offences, penalties, or consequences for breaches. However, the failure to comply with the conditions set forth in this instrument could result in potential administrative and legal ramifications for the Department of Defence. This could include oversight and scrutiny from legislative bodies, financial implications related to incorrect payments, and possible reputational damage. While the instrument itself does not specify penalties, breaches of Defence Determinations can generally lead to disciplinary actions, financial penalties, or other legal consequences under applicable Australian laws.