Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 16) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 16) 2025 was enacted to provide financial assistance to specific members of the Australian Defence Force in response to the challenges presented by the COVID-19 pandemic. This notifiable instrument, issued by Leah Bellew, Acting Director of Drafting and Engagement at the Department of Defence, aims to support Defence members who have been particularly affected by the pandemic. The instrument was made under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and it officially commences upon its registration on the Federal Register of Legislation. The primary objective of this instrument is to ensure that eligible Defence members receive the Operation COVID-19 ASSIST Allowance from 13 August 2025, providing them with much-needed financial support during this challenging period.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 16) 2025 applies to specific members of the Australian Defence Force who are assigned certain PMKeyS numbers, as detailed in Schedule 1 of the instrument. This determination outlines the conditions under which the Operation COVID-19 ASSIST Allowance is payable, commencing on the date of its registration on the Federal Register of Legislation. The instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it extends the payment of the allowance to eligible members from 13 August 2025. The geographic reach of this legislation is confined to the Commonwealth level, governing members of the Defence Force throughout Australia. The instrument does not specify any exclusions, exemptions, or thresholds beyond the listed PMKeyS numbers, and its application is limited to the members defined within the schedule.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 16) 2025 include the commencement of the instrument, the authority under which it is made, and the provision of an Operation COVID-19 ASSIST Allowance to certain Defence personnel (sections 1-4). Specifically, section 1 identifies the instrument and its purpose, section 2 states that it commences on registration on the Federal Register of Legislation, section 3 notes the authority under which it is made, and section 4 details the conditions for the payment of the Operation COVID-19 ASSIST Allowance to members specified in Schedule 1. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the Defence personnel who fall within the class of members specified in Schedule 1 are eligible for the Operation COVID-19 ASSIST Allowance (section 4). This allowance is designed to support members who have been significantly impacted by the COVID-19 pandemic, particularly those who have had to undertake additional duties or responsibilities during this period. The Act also ensures that the allowance is payable from 13 August 2025, as specified in section 4. In terms of offences, penalties, or civil/criminal consequences for breach, the instrument does not explicitly mention any penalties. However, the provisions are clear and specific, implying that failure to adhere to the conditions for eligibility and payment could result in non-compliance with Defence regulations. The maximum penalties for such breaches would be determined by the overarching Defence Determination 2016/19, Conditions of service, and could potentially include disciplinary actions, financial penalties, or other sanctions as appropriate for the nature of the breach. The precise penalties would be governed by the Defence Force Discipline Regulations and any other applicable legislation.