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The Department of Home Affairs has provided clarity on Caveat 14, addressing concerns regarding its interpretation in relation to the Core Skills Occupation List (CSOL). This caveat applies to positions "not provided for under an International Trade Obligation (ITO)" and was initially intended to highlight occupations included on the CSOL due to commitments under ITOs.
However, the Department has acknowledged that the caveat’s wording, particularly when read alongside the Explanatory Statement, may lead to the strict interpretation that applications for Chefs are limited to specific nationalities under existing ITOs.
To address this:
1. The Department will amend the instrument to ensure clarity as a matter of priority.
2. In the interim, applications for Chefs will not be restricted by nationality, and such applications can continue to be lodged and granted without concern.
Caveat 14 Applicability to Other Occupations
The caveat will remain in place for certain occupations, reflecting specific labour market considerations and feedback:
- Other Sports Coach or Instructor (Wushu Martial Arts Coach or Yoga Instructor Only): As a Skill Level 4 occupation, this role would not typically be included on the CSOL.
- Private Tutors and Teachers nec and Traditional Chinese Medicine Practitioner: These occupations were not supported for inclusion based on stakeholder feedback and labour market analysis provided by Jobs and Skills Australia (JSA).
This clarification ensures the intent of Caveat 14 is appropriately understood and implemented, balancing Australia’s commitments under ITOs with the country’s labour market needs.
Thank you very much for this notification. We have had concerns for Chef 186 ENS direct entry stream applicants as well, due to caveat 14, and been unable to get a response from DHA regarding interpretation. Are you able to provide a DHA source of info confirming that Chefs will not be restricted by nationality please as we have many concerned clients who need to know if they should be nominated as a Cook instead and, for businesses whether they should recommence LMT for Cook positions?
Thank you for clarification. Finally some clarity.