Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 9)

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 9) was enacted to address the need for a specific allowance to be paid to certain Defence members during the COVID-19 pandemic. This instrument, which commenced upon its registration on the Federal Register of Legislation, was made under section 4.12.4 of Defence Determination 2016/19. The policy objective is to provide financial support to eligible members who were assigned specific PMKeyS numbers and were impacted by the pandemic, ensuring that they receive the Operation COVID-19 ASSIST Allowance from 5 June 2024. The instrument was issued by Michael Ian McCulloch, Director of Drafting and Engagement, in the Department of Defence.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 9) applies to members of the Defence Force who fall within the specified class of members as outlined in Schedule 1. This class includes members assigned specific PMKeyS numbers, detailing those eligible for the Operation COVID-19 ASSIST Allowance. The allowance is payable from 5 June 2024 for members who meet the criteria, thus ensuring timely compensation related to the COVID-19 pandemic. The instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it commences upon registration on the Federal Register of Legislation. This regulation is applicable nationwide as it pertains to the Australian Defence Force, thereby extending its reach across the Commonwealth. The instrument does not specify any exclusions, exemptions, or thresholds beyond those members assigned the listed PMKeyS numbers. Subordinate instruments may further detail conditions and specifics of the allowance, though the primary instrument itself sets out the commencement and eligibility criteria.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument 2024 (No. 9) are sections 2 to 4. Section 2 (Commencement) specifies that the instrument comes into effect upon registration on the Federal Register of Legislation. Section 3 (Authority) indicates that the instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service. Section 4 (Payment of Operation COVID-19 ASSIST Allowance) states that the allowance is payable from 5 June 2024 to members who fall within the class of members specified in Schedule 1. This Act imposes specific obligations on the Department of Defence to ensure that the Operation COVID-19 ASSIST Allowance is paid to eligible members as per the conditions outlined in the instrument. It mandates that members meeting the criteria listed in Schedule 1 should be identified and receive the allowance from the specified start date. The instrument also necessitates accurate record-keeping to ensure compliance with the payment requirements. Any failure to comply with the provisions of this instrument may lead to civil or criminal consequences. Although the document does not specify particular penalties, breaches of Defence Determination could potentially result in legal actions, including fines or other sanctions as prescribed by the Defence Determination 2016/19. The exact penalties would be in accordance with the regulations outlined in that overarching legislation. It is important for the Department of Defence to adhere to these provisions to avoid any potential legal repercussions.