21AVariation of training contracts and training plans by Commissioner

#### 21A Variation of training contracts and training plans by Commissioner 21A Variation of training contracts and training plans by Commissioner > > (1) The Commissioner may, on receiving a recommendation from the relevant registered training organisation or any other relevant person or body or on the Commissioner’s own initiative, make a variation to a training contract or training plan in accordance with this section. > > > (2) A technical variation may be made at any time at the discretion of the Commissioner. > > > (3) A technical variation is a variation that, in the Commissioner’s opinion, is of a minor nature and will not result in any material change to the terms of the training contract or training plan. > > > (4) If the variation is not a technical variation, the following provisions apply— > > > > > (a) the Commissioner must send a notice to each party (being the employer and the apprentice or trainee) requesting the party to notify the Commissioner whether or not the party consents to the variation, > > > > > (b) if the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent, the consent of the party to whom the notice was sent is taken to have been given, > > > > > (c) if the parties consent to the variation, the Commissioner may make the variation. > > > (5) As soon as practicable after a variation is made under this section, the Commissioner must give notification of the variation to the following— > > > > > (a) the employer, > > > > > (b) the apprentice or trainee concerned, > > > > > (c) in the case of the variation of a training plan—the relevant registered training organisation. > > > (6) A variation made under this section is binding on the employer and the apprentice or trainee. > > **s 21A:** Ins 2012 No 95, Sch 1.1 \[2\]. Am 2017 No 42, Sch 1 \[33\].