Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 2) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 2) 2025 was enacted to address the specific needs of Defence members during the COVID-19 pandemic. This instrument, issued under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, aims to provide financial support to eligible Defence members. The instrument came into effect upon its registration on the Federal Register of Legislation and identifies a particular class of Defence members who are eligible for the Operation COVID-19 ASSIST Allowance, payable from 29 January 2025. The policy objective is to offer financial assistance to Defence members who have been significantly impacted by the COVID-19 pandemic. This notifiable instrument was made by Michael Ian McCulloch, the Director of Drafting and Engagement within the Department of Defence, on 28 January 2025. It was issued under the authority of the Defence Determination 2016/19, specifically targeting members assigned certain PMKeyS numbers who are in need of additional support during this challenging period. The allowance is intended to help alleviate some of the financial pressures faced by Defence members due to the ongoing effects of the COVID-19 pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 2) 2025 applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers as outlined in the attached Schedule 1. This instrument is intended to ensure that eligible members receive the Operation COVID-19 ASSIST Allowance, which is to be paid from 29 January 2025. The instrument operates under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and comes into effect upon registration on the Federal Register of Legislation. The determination is a Commonwealth instrument, thereby extending its jurisdictional reach across Australia. No exclusions, exemptions, or specific thresholds are mentioned within the text of this instrument, although the applicability is strictly limited to the class of members specified. Subordinate instruments may further define the conditions or extend the application of this allowance.

Key Provisions

The primary operative section of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 2) 2025, is section 4, which specifies the payment of the Operation COVID-19 ASSIST Allowance (section 4). This allowance is payable to members who fall within the class of members defined in Schedule 1, starting from 29 January 2025. Members are eligible for this allowance if they are assigned one of the specified PMKeyS numbers, which are listed in Schedule 1 of the instrument. The instrument itself comes into effect on its registration on the Federal Register of Legislation (section 2), and it is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service (section 3). The Act imposes obligations on the Department of Defence to ensure that eligible members receive the Operation COVID-19 ASSIST Allowance as specified. The Department must identify the members who meet the criteria outlined in Schedule 1 and ensure the timely payment of the allowance to those members. The determination of eligibility is based on the PMKeyS numbers provided in the schedule, which must be accurately maintained and updated to reflect the current assignments of Defence personnel. There are no explicit offences, penalties, or civil/criminal consequences outlined in the instrument for non-compliance with the allowance payment provisions. However, failure to correctly identify and pay eligible members could result in administrative or operational repercussions within the Department of Defence. It is essential for the Department to adhere to the requirements of the instrument to avoid any potential issues related to the accurate and timely payment of the Operation COVID-19 ASSIST Allowance.