Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 17) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 17) 2025 was enacted to address the need for additional financial support for specific Defence Force personnel during the ongoing challenges posed by the COVID-19 pandemic. This notifiable instrument was introduced under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and was authorised by Michael Ian McCulloch, Director of Drafting and Engagement within the Department of Defence. The primary policy objective of this legislation is to provide a financial assistance allowance, termed the Operation COVID-19 ASSIST Allowance, to Defence personnel who have been assigned specific PMKeyS numbers, thereby recognising their additional efforts and hardships during the pandemic. This instrument will come into effect upon its registration on the Federal Register of Legislation.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 17) 2025 applies to specific members of the Australian Defence Force, namely those assigned certain PMKeyS numbers as outlined in the attached schedule. The determination is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and its commencement is tied to its registration on the Federal Register of Legislation. The instrument mandates the payment of the Operation COVID-19 ASSIST Allowance to eligible members starting from 27 August 2025. The geographic and jurisdictional reach of this instrument is confined to the Commonwealth level, specifically affecting members of the Australian Defence Force who meet the criteria set out within the legislation. No exclusions, exemptions, or thresholds are explicitly stated in the text, and the application of the Act does not extend beyond the specified conditions and members as defined in the schedule.

Key Provisions

The main sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 17) 2025, include the identification of the instrument (section 1), the commencement date (section 2), the authority under which it is made (section 3), and the provisions for the payment of the Operation COVID-19 ASSIST Allowance (section 4). The instrument is titled and identified in section 1, and it is effective from the date of its registration on the Federal Register of Legislation as stated in section 2. The authority for this instrument is provided in section 3, which references section 4.12.4 of Defence Determination 2016/19, Conditions of service. Section 4 specifies that the Operation COVID-19 ASSIST Allowance is payable to members who fall within the class of members outlined in Schedule 1 of the instrument, from 27 August 2025. This Act imposes specific obligations on the Department of Defence to ensure that the Operation COVID-19 ASSIST Allowance is paid to eligible members. The obligations include correctly identifying the class of members who are eligible for the allowance and ensuring that the payment is made to these members from the specified date. The class of eligible members is defined in Schedule 1, which lists the PMKeyS numbers that correspond to the members who are entitled to the allowance. The Department of Defence must verify that the members meet the criteria outlined in the schedule and process the allowance payments accordingly. Failure to comply with the provisions of this instrument may result in legal consequences, although the specific offences, penalties, or civil/criminal consequences are not detailed within the text of the instrument. Typically, breaches of Defence Determinations could lead to administrative actions, including financial penalties or other disciplinary measures. The maximum penalties for such breaches would be outlined in the relevant Defence Determination or other governing legislation, which may not be explicitly stated in this particular instrument. Legal practitioners should refer to the broader Defence Determination 2016/19 and associated regulations to understand the full scope of potential consequences for non-compliance.