Apprenticeship and Traineeship Act 2001

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.

A technical variation may be made at any time at the discretion of the Commissioner.

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.

If the variation is not a technical variation, the following provisions apply—

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,

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,

if the parties consent to the variation, the Commissioner may make the variation.

As soon as practicable after a variation is made under this section, the Commissioner must give notification of the variation to the following—

the employer,

the apprentice or trainee concerned,

in the case of the variation of a training plan—the relevant registered training organisation.

A variation made under this section is binding on the employer and the apprentice or trainee.