Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 7) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 7) 2025 was enacted to address the need for additional financial support for Defence personnel during the ongoing COVID-19 pandemic. This instrument was developed under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and was issued by Michael Ian McCulloch, Director of Drafting and Engagement in the Department of Defence. The primary objective of this legislation is to provide a financial allowance, referred to as the Operation COVID-19 ASSIST Allowance, to eligible members of the Defence Force starting from 9 April 2025. This allowance is intended to support members who have been assigned specific PMKeyS numbers as outlined in Schedule 1 of the instrument. The determination was registered on the Federal Register of Legislation and came into effect upon its registration. This legislative measure aims to recognise and support the efforts of Defence personnel who have been actively involved in operations related to the COVID-19 pandemic, ensuring they receive appropriate financial assistance during these challenging times.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 7) 2025 applies to members of the Australian Defence Force who are assigned specific PMKeyS numbers as detailed in Schedule 1 of the instrument. This instrument sets out the conditions under which the Operation COVID-19 ASSIST Allowance will be payable to eligible members from 9 April 2025. The instrument is made under section 4.12.4 of Defence Determination 2016/19, Conditions of service, and it comes into effect upon registration on the Federal Register of Legislation. The geographic and jurisdictional reach of this instrument is limited to the Commonwealth of Australia, applying specifically to members of the Australian Defence Force, and does not extend to state or territory forces or civilian employees. The instrument does not specify any exclusions, exemptions, or thresholds beyond the eligibility criteria outlined in Schedule 1, which is based on the assigned PMKeyS numbers. The application of this instrument may be further extended or modified through subordinate instruments as required by the Department of Defence.

Key Provisions

The main operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 7) 2025 (the Instrument) are sections 1 to 4, which provide the name, commencement, authority, and payment provisions respectively. Section 1 identifies the Instrument, while section 2 specifies that it commences on its registration on the Federal Register of Legislation. Section 3 details the authority under which the Instrument is made, citing section 4.12.4 of Defence Determination 2016/19, Conditions of service. Section 4 states that the Operation COVID-19 ASSIST Allowance is payable from 9 April 2025 to members who fall within the class of members specified in Schedule 1. The Instrument imposes specific obligations and requirements on the Department of Defence and the members of the Australian Defence Force (ADF) who are eligible for the Operation COVID-19 ASSIST Allowance. The Department of Defence must ensure that the allowance is paid to eligible members from the specified date. Eligible members, defined in Schedule 1, must meet the criteria outlined to be entitled to the allowance. Schedule 1 lists the PMKeyS numbers for the class of members eligible for the allowance, ensuring that only those with the specified numbers are eligible. In terms of consequences for breach, the Instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences. However, any non-compliance by the Department of Defence in ensuring timely payment of the allowance to eligible members could lead to administrative or procedural repercussions, as stipulated under Defence Determination 2016/19, Conditions of service. For members, there are no direct penalties mentioned for failing to meet the criteria for allowance eligibility, but incorrect claims or fraudulent applications could result in disciplinary actions or financial recovery under the Defence Force Discipline Act 1982. The lack of specific penalties in the Instrument itself implies reliance on broader Defence policies and legislative frameworks for enforcement and consequences.