Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 13) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID‑19 ASSIST Allowance) Commencement Instrument (No. 13) 2025 was enacted to address the need for additional financial support for Defence members during the COVID-19 pandemic. This instrument was authorised under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and was made by Michael Ian McCulloch, the Director of Drafting and Engagement within the Department of Defence. The primary policy objective of this instrument is to provide a COVID-19 ASSIST Allowance to eligible Defence members starting from 2 July 2025. This allowance is intended to assist members who are assigned specific PMKeyS numbers, as detailed in the Schedule 1 of the instrument, thereby offering financial support during the ongoing challenges posed by the pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 13) 2025 applies to members of the Australian Defence Force who fall within the class of members specified in Schedule 1 of the instrument. Specifically, these are members assigned particular PMKeyS numbers. The instrument is designed to provide a COVID-19 ASSIST Allowance to these eligible members, effective from 2 July 2025. This allowance is contingent on the members meeting the specified criteria outlined in the schedule. The instrument's authority is derived from section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it will come into effect upon its registration on the Federal Register of Legislation. The scope of the instrument is confined to members of the Australian Defence Force and does not extend to other entities or individuals outside this scope unless explicitly stated in subordinate instruments or additional legislative amendments.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 13) 2025 (Section 1) identifies the specific allowances and conditions applicable to certain members of the Defence Force, providing a clear framework for eligibility and commencement of the Operation COVID-19 ASSIST Allowance. This instrument comes into effect upon registration on the Federal Register of Legislation (Section 2), ensuring that the terms and conditions are legally binding from that date. The authority for this instrument is drawn from Section 4.12.4 of the Defence Determination 2016/19, Conditions of service (Section 3), which provides the legal basis for the allowance and its associated conditions. The main provision of this instrument is the payment of the Operation COVID-19 ASSIST Allowance to members who fall within the specified class (Section 4), effective from 2 July 2025. The obligations imposed by this instrument on the relevant parties include the provision of the Operation COVID-19 ASSIST Allowance to eligible members as specified in Schedule 1. Members must meet the criteria outlined in the schedule, which is based on specific PMKeyS numbers, to qualify for the allowance (Schedule 1, Class of members). The Department of Defence is responsible for ensuring that eligible members are identified and that the allowance is disbursed correctly and in a timely manner. The Defence Force members, on the other hand, are required to provide accurate information regarding their eligibility and service conditions to facilitate the payment process. Breaches of the provisions outlined in this instrument may lead to civil or criminal consequences, depending on the nature and severity of the violation. While the specific offences and penalties are not detailed within the text, it is clear that non-compliance with the conditions for receiving the Operation COVID-19 ASSIST Allowance could result in legal action. This may include financial penalties or other legal ramifications for either the Department of Defence or the eligible members, depending on the circumstances of the breach. The exact nature of these penalties would be determined by the relevant authorities in accordance with applicable laws and regulations.