Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 8) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 8) 2025 was enacted in 2025 to address the need for additional financial support for Defence personnel in response to the ongoing COVID-19 pandemic. This notifiable instrument was introduced by the Department of Defence under the authority of section 4.12.4 of Defence Determination 2016/19, Conditions of service. The primary objective of this legislation is to provide a specific allowance to eligible Defence members who are undertaking roles that support the national response to COVID-19, thereby ensuring they receive appropriate recognition and support for their efforts. This instrument establishes the conditions under which the Operation COVID-19 ASSIST Allowance will be paid to Defence members who fall within the specified class, as outlined in Schedule 1 of the instrument. The allowance is designed to be a targeted financial support measure to assist members involved in critical roles during the pandemic, recognising their dedication and contribution to the national effort. The commencement of this instrument is contingent upon its registration on the Federal Register of Legislation.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 8) 2025 applies specifically to members of the Australian Defence Force who fall within the class of members specified in Schedule 1 of the instrument. This determination is made under 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 instrument is designed to provide an Operation COVID-19 ASSIST Allowance to certain members, as detailed in the schedule, from 23 April 2025. The allowance is applicable to members assigned specific PMKeyS numbers, as outlined in the accompanying schedule. The instrument does not specify any exclusions, exemptions, or thresholds, and its application is limited to those members meeting the criteria set out in the schedule. The instrument does not extend or restrict its application through subordinate instruments.

Key Provisions

The main operative section of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 8) 2025 is section 4, which specifies the payment of Operation COVID-19 ASSIST Allowance to members who fall within the class of members outlined in Schedule 1 (section 4). This allowance is payable from 23 April 2025 to eligible members, which includes those assigned specific PMKeyS numbers detailed in Schedule 1. The Act imposes obligations on the Department of Defence to ensure that the Operation COVID-19 ASSIST Allowance is calculated correctly and paid to eligible members in a timely manner. The Department must also maintain accurate records of the allowances paid and the criteria for eligibility, ensuring compliance with the specified conditions. Additionally, the Department is responsible for updating the list of eligible members and their respective PMKeyS numbers as necessary. In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, failure to adhere to the conditions set out in the Act may result in legal actions being taken against the Department of Defence for not fulfilling its obligations. This could include claims for unpaid allowances by affected members, leading to potential litigation and reputational damage for the Department. The exact penalties or consequences would depend on the outcomes of any legal proceedings initiated by aggrieved members.