Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 9) 2025

Overview

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 9) 2025 was enacted to address the need for a financial support mechanism for Defence personnel involved in operations supporting the national response to the COVID-19 pandemic. This notifiable instrument was developed under section 4.12.4 of Defence Determination 2016/19, Conditions of service, by Michael Ian McCulloch, Director of Drafting and Engagement in the Department of Defence. The primary objective of this instrument is to ensure that eligible Defence members receive an Operation COVID-19 ASSIST Allowance, effective from 7 May 2025, as specified in Schedule 1 of the instrument. This allowance is intended to provide financial support to members assigned specific PMKeyS numbers who are engaged in operations related to the COVID-19 response.

Scope and Application

The Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 9) 2025 applies specifically to members of the Australian Defence Force who fall within the designated class of members as outlined in Schedule 1. This notifiable instrument is designed to provide a COVID-19 ASSIST Allowance to eligible members starting from 7 May 2025. The instrument is made under the authority of section 4.12.4 of the Defence Determination 2016/19, Conditions of service, and it will be effective upon registration on the Federal Register of Legislation. The allowance is intended to support members who are assigned specific PMKeyS numbers, as detailed in the schedule attached to this instrument. The geographic reach of this legislation is national, as it pertains to members of the Australian Defence Force across the Commonwealth. There are no stated exclusions, exemptions, or thresholds in this particular instrument, and any further application details or extensions would be addressed through subordinate instruments as necessary.

Key Provisions

The key operative sections of the Defence Determination, Conditions of service (Operation COVID-19 ASSIST Allowance) Commencement Instrument (No. 9) 2025, include section 1 which names the instrument, section 2 which details its commencement, section 3 which identifies the authority under which it is made, and section 4 which specifies the payment of the Operation COVID-19 ASSIST Allowance. The allowance is payable to members who fall within the class of members specified in Schedule 1, starting from 7 May 2025 (section 4). This instrument is designed to provide financial assistance to specific members during the COVID-19 pandemic. The Act imposes certain obligations on the members who are eligible for the allowance. Specifically, to be eligible, a member must fall within the class of members outlined in Schedule 1 of the instrument, which is defined by their PMKeyS numbers. For example, members assigned the PMKeyS number 8602991 are eligible for the allowance. This requirement ensures that only those members specifically identified by the PMKeyS numbers receive the allowance. The Act also necessitates that the payment of the allowance begins on 7 May 2025, as stipulated in section 4. In terms of legal consequences, the Act does not explicitly detail offences or penalties for non-compliance. However, any breach of the conditions specified in the Act could potentially lead to administrative actions, such as the withholding of the allowance or other relevant disciplinary measures. Given that this is a legislative instrument under the Defence Determination 2016/19, it is likely that any significant non-compliance could result in further scrutiny or action by the Department of Defence. While specific penalties are not outlined in the text provided, the overarching Defence Determination framework would apply its own sanctions and enforcement mechanisms in the case of non-compliance.