Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 10) 2025

Overview

The Defence Determination, Conditions of Service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 10) 2025 was enacted to address the specific needs of Defence personnel affected by the ongoing COVID-19 pandemic. This legislation introduces the Operation COVID-19 ASSIST Allowance, which aims to provide financial support to eligible members of the Australian Defence Force. The instrument was made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, by Michael Ian McCulloch, the Director of Drafting and Engagement within the Department of Defence. The policy objective of this instrument is to ensure that Defence personnel who have been significantly impacted by the COVID-19 pandemic receive appropriate financial assistance. The allowance is payable to members who fall within the specified class detailed in Schedule 1 of the instrument, starting from 21 May 2025. The instrument was registered on the Federal Register of Legislation and commenced on the date of its registration. This notifiable instrument represents a targeted response to support the welfare of Defence personnel during the challenges posed by the COVID-19 pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 10) 2025 applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers as outlined in Schedule 1 of the instrument. This legislation is enacted under the authority of section 4.12.4 of Defence Determination 2016/19, Conditions of service, and its scope is limited to the specified class of members. The allowance, referred to as Operation COVID-19 ASSIST Allowance, is to be paid from 21 May 2025, once the instrument is registered on the Federal Register of Legislation. This instrument does not specify any exclusions, exemptions, or thresholds, and its application is confined to the Commonwealth jurisdiction. The precise details of the allowance and its implications for the affected members are delineated in the accompanying schedule, which lists the relevant PMKeyS numbers for the designated class of members.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 10) 2025 (sections 2 and 4) outlines the commencement date and the authority under which it was made. Specifically, section 2 states that the instrument will commence on the date of its registration on the Federal Register of Legislation. Section 4 specifies that the payment of Operation COVID-19 ASSIST Allowance is applicable to members who meet the criteria outlined in Schedule 1 of the instrument, and that this allowance is payable from 21 May 2025. This allowance is designed to provide support to certain members of the Defence Force during the COVID-19 pandemic. The obligations imposed by this Act are primarily concerned with the timely and correct payment of the Operation COVID-19 ASSIST Allowance. The Defence Force is obligated to ensure that members who fall within the specified class, as outlined in Schedule 1, receive their allowance from the specified commencement date. This includes verifying the eligibility of members based on their PMKeyS numbers and processing the payments accordingly. The Defence Force must also ensure that the information regarding the allowance is clearly communicated to all eligible members. In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the obligations to correctly identify eligible members and to make timely payments could lead to potential legal challenges or administrative penalties. It is important for the Defence Force to adhere to the provisions of this instrument to avoid any such repercussions. While the legislation does not specify maximum penalties, non-compliance could result in legal disputes and financial liabilities that may be determined by relevant tribunals or courts.