Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 11) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 11) 2025 was enacted to address the financial support needs of Defence personnel during the COVID-19 pandemic. This notifiable instrument, issued under the authority of section 4.12.4 of Defence Determination 2016/19, Conditions of service, was made by Michael McCulloch, the Director of Drafting and Engagement within the Department of Defence. The primary objective of this legislation is to provide financial assistance to eligible members of the Defence Force, ensuring they receive the Operation COVID-19 ASSIST Allowance from 4 June 2025. This allowance is specifically targeted at members assigned certain PMKeyS numbers, as detailed in Schedule 1 of the Instrument, thereby offering timely support to those who have been most affected by the ongoing challenges posed by the pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 11) 2025 applies to members of the Australian Defence Force who fall within the class of members specified in Schedule 1 of the Instrument. This instrument establishes the conditions under which an Operation COVID-19 ASSIST Allowance is payable to these members, specifically from 4 June 2025. The Allowance is applicable to members assigned specific PMKeyS numbers outlined in the Schedule. This Determination operates within the Commonwealth jurisdiction and is applicable to all members of the Australian Defence Force who meet the criteria outlined in the Instrument. The Allowance is a specific benefit provided to eligible members in response to the operational demands and challenges associated with COVID-19, ensuring that these individuals receive financial support during this period. This instrument extends its application strictly to the members detailed in the Schedule, and no other persons or entities are covered by its provisions.

Key Provisions

The primary operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 11) 2025, provide for the commencement of the instrument itself, which is effective upon registration on the Federal Register of Legislation (Section 2). The instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service (Section 3). It also stipulates that the Operation COVID-19 ASSIST Allowance will be payable from 4 June 2025 to members who fall within the specified class outlined in Schedule 1 of the Instrument (Section 4). The Act imposes several obligations on the parties involved. Firstly, it mandates that the Operation COVID-19 ASSIST Allowance be paid to members who meet the criteria specified in Schedule 1 (Section 4). This means that eligible members must be assigned one of the specified PMKeyS numbers, which are detailed in Schedule 1. Furthermore, the determination of eligibility and payment is subject to the conditions outlined in Defence Determination 2016/19, Conditions of service. The Defence department is required to ensure that the allowances are processed and disbursed accurately and in a timely manner. In terms of legal consequences, the legislation does not explicitly mention any specific offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the conditions of service, as outlined in Defence Determination 2016/19, could potentially lead to disciplinary actions against Defence personnel or administrative measures. The precise consequences for non-compliance would be governed by the overarching Defence Determination and associated regulations, which may include administrative penalties, corrective training, or other measures as deemed appropriate by the Defence authority.