Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 18) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 18) 2025 was enacted to address the need for a specific allowance for Defence members affected by the COVID-19 pandemic, ensuring they receive adequate support during this period of heightened health risks. This instrument was introduced by Michael Ian McCulloch, the Director of Drafting and Engagement within the Department of Defence, under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service. The policy objective is to provide financial assistance to Defence members who fall within the specified class, recognising the additional challenges and sacrifices they have faced during the pandemic. The allowance is designed to offer relief and support to these members, ensuring they are appropriately compensated for their service and the risks they have undertaken. The instrument is set to commence upon registration on the Federal Register of Legislation, with the allowance becoming payable from 10 September 2025.

Scope and Application

This Defence Determination establishes conditions for the payment of an Operation COVID-19 ASSIST Allowance to specific members of the Australian Defence Force. The Allowance is applicable to members who are assigned specific PMKeyS numbers, as detailed in Schedule 1 of the Instrument. This Instrument applies to those Defence Force members who meet the criteria outlined in the schedule and commences on its registration on the Federal Register of Legislation. The authority for this Determination is provided under section 4.12.4 of the Defence Determination 2016/19, Conditions of service. There are no stated exclusions, exemptions, or thresholds in this particular Instrument. The scope of the Allowance payment is limited to the members identified by the specific PMKeyS numbers detailed in the schedule, ensuring that only eligible personnel receive the specified allowance. The geographic and jurisdictional reach of this Determination is confined to the Commonwealth level, impacting Defence Force members across Australia. Subordinate instruments may further extend or restrict the application of this Determination, but such provisions are not explicitly detailed within the text provided.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 18) 2025 (section 1) specifies the conditions under which an Operation COVID-19 ASSIST Allowance is payable to certain Defence force members. This allowance becomes effective from 10 September 2025 (section 4). The instrument is authorised under section 4.12.4 of Defence Determination 2016/19, Conditions of service (section 3). The class of members eligible for this allowance is detailed in Schedule 1, which lists specific PMKeyS numbers (Schedule 1, section 1). This Act imposes obligations on Defence force members who meet the eligibility criteria specified in Schedule 1. Members assigned the PMKeyS numbers listed are entitled to the Operation COVID-19 ASSIST Allowance, which is to be paid starting from the commencement date mentioned (section 4). The Defence force must ensure that eligible members are correctly identified and that the allowance is disbursed in accordance with the provisions of this instrument. Failure to comply with the conditions set out in this Act may result in legal consequences, although the specific nature of these consequences is not detailed within the text provided. Generally, non-compliance with Defence determinations can lead to administrative penalties, disciplinary actions, or other repercussions as deemed appropriate by the Defence force. The maximum penalties or specific civil and criminal consequences, however, are not explicitly stated in the provided text. For Defence force members, the primary requirement is to ensure they meet the eligibility criteria as specified in Schedule 1. Those who qualify must be prepared to receive the Operation COVID-19 ASSIST Allowance from the commencement date. The Defence force, on the other hand, must ensure that the allowance is correctly identified and disbursed to the eligible members without delay. The text does not provide explicit details on offences, penalties, or consequences for breach of the Act. In general, breaches of Defence determinations may be subject to various sanctions, including administrative and disciplinary actions. However, the specific penalties or consequences are not outlined within the provided excerpt, and further reference to the Defence Determination 2016/19, Conditions of service, would be necessary to fully understand the potential repercussions of non-compliance.