Clarification from the Department – Caveat 14

The Department has provided the Migration Institute of Australia (MIA) with the following information regarding Caveat 14 within the CSOL and its interpretation in relation to occupations covered under the Sc 482 Skills in Demand (SID) visa and the Sc 186 Employer Nomination Scheme (ENS) visa in the Direct Entry stream.

Caveat 14 states: “The position is not provided for under an International Trade Obligation.” This provision was included to indicate that the occupation is listed on the CSOL due to commitments under International Trade Obligations (ITOs). However, it is not intended to restrict Chef occupations solely to countries with existing ITOs providing access to this role.

The Department recognises that, when read alongside the text in the Explanatory Statement, this caveat could be strictly interpreted as limiting Chef applications to certain nationalities under ITOs. To address this, the Department plans to amend the legislative instrument as a priority. In the meantime, applications for Chef positions will not be denied or restricted based on nationality.

Caveat 14 will remain applicable to certain other occupations, including:

• Other Sports Coach or Instructor (limited to Wushu Martial Arts Coach or Yoga Instructor), a Skill Level 4 occupation that would otherwise not qualify for inclusion on the CSOL.
• Private Tutors and Teachers nec and Traditional Chinese Medicine Practitioners, whose inclusion was not supported by labour market or stakeholder feedback to JSA.

We will provide updates once further information on amendments to legislative instruments (LIN 24/089 and LIN 24/093) becomes available.

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