21Variation of training contracts and training plans on application by a party

#### 21 Variation of training contracts and training plans on application by a party 21 Variation of training contracts and training plans on application by a party > > (1) An application for the variation of a training contract or training plan may be made to the Commissioner by the employer and the apprentice or trainee, or by either of them alone. > > > (2) In the case of an application for the variation of a training plan, the application must be endorsed with the consent of the relevant registered training organisation to the proposed variation. > > > (3) The Commissioner must deal with an application— > > > > > (a) by approving the application, or > > > > > (b) by dismissing the application, or > > > > > (c) (Repealed) > > > (4) (Repealed) > > > (5) In the case of an application made by only one of the parties, the Commissioner must send a notice to the other party requesting the party to notify the Commissioner whether or not the party consents to the variation. > > > (6) If the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent— > > > > > (a) the consent of the party to whom the notice was sent is taken to have been given, and > > > > > (b) approval of the application for variation is taken to have been given on the expiry of the 21-day period. > > > (6A) As soon as practicable after an application is determined, the Commissioner must give notification of the determination to the following— > > > > > (a) the employer, > > > > > (b) the apprentice or trainee concerned, > > > > > (c) in the case of an application to vary a training plan—the relevant registered training organisation. > > > (7) If the application for variation of a training contract or training plan is approved, the training contract or training plan is taken to be varied in accordance with the approval. > > **s 21:** Am 2003 No 40, Sch 1.2 \[4\]; 2012 No 95, Sch 1.1 \[1\]; 2017 No 42, Sch 1 \[32\].