Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 3) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 3) 2025 was enacted to address the need for financial support for certain Defence members affected by the COVID-19 pandemic. This notifiable instrument was made under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and it aims to provide the Operation COVID-19 ASSIST Allowance to eligible members. The instrument was created by Michael Ian McCulloch, the Director of Drafting and Engagement at the Department of Defence, and it came into effect upon registration on the Federal Register of Legislation. The allowance is payable to members who fall within the specified class outlined in Schedule 1 of the instrument, beginning from 12 February 2025. This initiative seeks to provide necessary financial assistance to Defence personnel during the ongoing impacts of the COVID-19 pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 3) 2025 applies to a specified class of Defence members, as detailed in Schedule 1 of the instrument. These members are identified by specific PMKeyS numbers and are eligible to receive the Operation COVID-19 ASSIST Allowance from 12 February 2025. The instrument is issued under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and its commencement is contingent upon registration on the Federal Register of Legislation. The instrument operates within the Commonwealth jurisdiction, impacting only those members who meet the criteria outlined in the accompanying schedule. There are no stated exclusions or exemptions within the text of this instrument, though the specific application and interpretation may be further defined or restricted by subordinate instruments or Defence policy.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 3) 2025 sets out the provisions regarding the payment of the Operation COVID-19 ASSIST Allowance to certain members of the Defence Force. Section 4 specifies that this allowance is payable from 12 February 2025 to members who fall within the class of members outlined in Schedule 1 of the instrument. The class of members is defined by their PMKeyS numbers, which are listed in Schedule 1 (Section 1). This instrument comes into effect on registration on the Federal Register of Legislation, as outlined in Section 2. The obligations imposed by this instrument are primarily on the Defence Force and the members themselves. The Defence Force is responsible for ensuring that the Operation COVID-19 ASSIST Allowance is paid to the eligible members as per the schedule and conditions set out in the instrument. The members, in turn, must ensure they meet the eligibility criteria as defined by their PMKeyS numbers to be eligible for the allowance. The Defence Force must also maintain accurate records of the payments made and the eligibility of each member, as these records may be required for auditing and compliance purposes. Failure to comply with the provisions of this instrument may result in legal consequences. While specific offences and penalties are not detailed within the text provided, breaches of Defence Determinations can typically lead to civil or criminal penalties. In the case of civil penalties, the Defence Force may face financial penalties or be required to rectify the non-compliance. For criminal penalties, individuals or entities found to be in breach may face fines or other legal sanctions. The exact nature and extent of these penalties would be further defined in the Defence Determination 2016/19, Conditions of service, under which this instrument is made.