Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 6) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 6) 2025, enacted by Michael Ian McCulloch, Director of Drafting and Engagement in the Department of Defence, was introduced to address the need for financial support for Defence members during the COVID-19 pandemic. This notifiable instrument, which comes into effect upon registration on the Federal Register of Legislation, is authorised under section 4.12.4 of Defence Determination 2016/19, Conditions of service. The primary objective of this instrument is to ensure the payment of the Operation COVID-19 ASSIST Allowance to eligible Defence members, as specified in Schedule 1 of the Instrument, from 26 March 2025. The allowance is intended to provide financial assistance to Defence members who have been significantly impacted by the COVID-19 pandemic.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 6) 2025 applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers, as outlined in Schedule 1 of the instrument. This instrument is a notifiable instrument made under section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and it sets forth the conditions under which an Operation COVID-19 ASSIST Allowance will be payable to eligible members from 26 March 2025. The instrument’s commencement is effective from the date of its registration on the Federal Register of Legislation. This instrument extends to all members who meet the criteria specified within the class of members, ensuring that only those assigned the designated PMKeyS numbers are eligible for the allowance. No explicit exclusions, exemptions, or thresholds are mentioned within the text of this instrument, though it may be subject to further specifications or clarifications through subordinate instruments or related legislation.

Key Provisions

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 6) 2025 introduces the payment of a special allowance, referred to as the Operation COVID-19 ASSIST Allowance, for certain Defence Force members. This allowance is payable to members who fall within the class of members specified in Schedule 1 of the instrument. Section 4 of the main body of the instrument explicitly states that this allowance is payable from 26 March 2025. The instrument is legally effective from the date it is registered on the Federal Register of Legislation, as indicated in section 2. The operative sections of this instrument establish the criteria for receiving the Operation COVID-19 ASSIST Allowance. Section 4 of the main body of the instrument defines the allowance and specifies that it is payable to members who meet the conditions outlined in Schedule 1. Schedule 1 lists the PMKeyS numbers of the members eligible for the allowance. The members identified by these numbers are those who are in the designated class for receiving this allowance. Entities and individuals governed by this Act must ensure compliance with the outlined provisions. Defence Force members who meet the eligibility criteria set forth in Schedule 1 must be identified and the appropriate allowances paid to them. The Department of Defence, as the governing body, is responsible for administering this allowance according to the terms of the instrument. Compliance involves accurately identifying eligible members based on their PMKeyS numbers and ensuring timely payment of the allowance from the specified commencement date. Breach of the terms of this instrument may result in legal consequences. While the document does not explicitly state penalties for non-compliance, breaches of Defence Determinations can lead to administrative, civil, or criminal penalties depending on the severity and intent of the breach. For instance, failure to correctly identify and pay eligible members could result in financial repercussions for the Department of Defence and potential legal action against responsible officials. The consequences for non-compliance may include corrective measures, financial penalties, or disciplinary actions against the officials responsible for oversight and implementation of the allowance provisions.