Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 5) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 5) 2025, issued by the Director Drafting and Engagement, Michael McCulloch, from the Department of Defence, was enacted to provide a specific allowance for members of the Defence Force affected by the COVID-19 pandemic. This instrument aims to address the financial hardships experienced by certain Defence Force members during the pandemic by providing an Operation COVID-19 ASSIST Allowance. The allowance is payable to members assigned specific PMKeyS numbers, as detailed in Schedule 1 of the instrument, from 12 March 2025. This determination is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and comes into effect upon registration on the Federal Register of Legislation. The policy objective of this instrument is to offer financial support to Defence Force members who were significantly impacted by the COVID-19 pandemic, ensuring they receive the necessary assistance during these challenging times. By clearly defining the class of members eligible for the allowance and setting the commencement date, the instrument aims to provide timely and targeted support to those in need within the Defence community.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 5) 2025 applies to members of the Defence Force who fall within the specified class of members outlined in Schedule 1 of the Instrument. This Instrument, made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, is applicable to members assigned certain PMKeyS numbers, and it outlines the conditions under which the Operation COVID-19 ASSIST Allowance is payable. The Instrument commences on its registration on the Federal Register of Legislation and applies on a national level within Australia, administered by the Department of Defence. The allowance is effective from 12 March 2025 for the designated members, and no specific exclusions or exemptions are mentioned within the text of this Instrument. However, the scope and application of the allowance may be extended or restricted through subordinate instruments as deemed necessary by the Department of Defence.

Key Provisions

The main operative sections of this notifiable instrument pertain to the commencement of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 5) 2025 and the payment of the Operation COVID-19 ASSIST Allowance. According to section 2, the instrument commences on its registration on the Federal Register of Legislation. Section 4 specifies that the Operation COVID-19 ASSIST Allowance is payable from 12 March 2025 for members assigned one of the PMKeyS numbers listed in Schedule 1. The obligations and requirements imposed by this instrument are relatively straightforward. It mandates that the Operation COVID-19 ASSIST Allowance be paid to eligible members from the specified date, which is 12 March 2025. To be eligible, a member must fall within the class of members identified by the specific PMKeyS numbers detailed in Schedule 1 of the instrument. The instrument is underpinned by section 4.12.4 of Defence Determination 2016/19, Conditions of service, indicating that it is a formal directive within the Defence framework. Under this instrument, there are no specific offences, penalties, or civil/criminal consequences outlined for non-compliance. However, failure to adhere to the conditions set out in the instrument could potentially lead to administrative or procedural repercussions within the Defence force. While the instrument does not explicitly state maximum penalties for breaches, it is expected that any non-compliance would be addressed in accordance with existing Defence regulations and policies. The primary focus of the instrument is on ensuring that eligible members receive the Operation COVID-19 ASSIST Allowance in a timely and structured manner, as outlined in the statutory provisions.