Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 8)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 8) was enacted to address the specific needs of Defence personnel during the COVID-19 pandemic, particularly in providing financial support to those assigned certain roles that were critical during this period. The instrument was introduced to ensure that eligible members receive an allowance to assist with their additional responsibilities and challenges faced during the pandemic. This determination is made under the authority of the Defence Determination 2016/19, Conditions of service, and was drafted by Jessica Cameron, the Acting Director of Drafting and Engagement in the Department of Defence. The payment of the Operation COVID-19 ASSIST Allowance is intended to support members who fall within the specified class of members detailed in Schedule 1 of the instrument, effective from 22 May 2024.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 8) applies specifically to members of the Australian Defence Force who are assigned certain PMKeyS numbers as detailed in Schedule 1 of the instrument. This instrument, which commences on its registration on the Federal Register of Legislation, is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. It mandates the payment of the Operation COVID-19 ASSIST Allowance to eligible members from 22 May 2024. The scope of this instrument is narrowly focused on the specified class of Defence Force members, ensuring that only those with the designated PMKeyS numbers are entitled to the allowance. The instrument does not extend to any other Defence personnel or civilians, and no exclusions or exemptions are explicitly stated within the primary text of this notifiable instrument. However, further details regarding the allowances and specific eligibility criteria can be found in the subordinate instruments linked to the Defence Determination 2016/19.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 8) (sections 1-4) outlines the payment of an Operation COVID-19 ASSIST Allowance to specific members of the Defence Force. This allowance is applicable to members assigned specific PMKeyS numbers, as detailed in Schedule 1 of the instrument. The allowance is set to be payable from 22 May 2024, once the instrument commences upon registration on the Federal Register of Legislation. The authority for this instrument is derived from section 4.12.4 of Defence Determination 2016/19, Conditions of service. The Act imposes specific obligations on the Department of Defence to ensure that members who meet the criteria outlined in Schedule 1 are identified and receive the Operation COVID-19 ASSIST Allowance. This involves verifying the PMKeyS numbers of relevant members and ensuring that the payment is processed from the specified date. The Department of Defence must also ensure that all relevant records are updated to reflect the commencement of this allowance, thereby maintaining accurate and up-to-date records of all allowances and payments to Defence personnel. There are no explicit provisions in the instrument detailing offences, penalties, or consequences for non-compliance with the requirements of this Act. However, it is expected that failure to comply with the conditions set forth in the instrument could result in legal and administrative repercussions, as outlined in Defence Determination 2016/19, Conditions of service. This could potentially include disciplinary actions against those responsible for non-compliance within the Department of Defence, as well as financial implications for the department if the allowance is not correctly disbursed to eligible members.