Why Some RTOs Are Being Fined $19,800 – And How You Can Avoid It with One Simple Step

What’s Happening?

If you’re a Registered Training Organisation (RTO), failing to submit your Total VET Activity (TVA) data on time isn’t just an administrative slip — it’s a breach of your conditions of registration under the National Vocational Education and Training Regulator Act 2011 (NVR Act).

Recently, we’ve seen multiple RTOs issued infringement notices for $19,800, and even more facing written directions from ASQA for not submitting their 2024 TVA or NIL return by the deadline.

For new and small RTOs especially, this is becoming a recurring compliance trap — and it’s 100% avoidable.

The Real Problem: No One’s Watching the Calendar

We’ve noticed this happens most with new RTOs, who don’t yet have a dedicated compliance officer or administrator to manage:

• Government data reporting deadlines
• Policy updates
• AVETMISS validations
• Audit preparation

When there’s no one clearly responsible, deadlines get missed, systems aren’t updated, and penalties follow.

What Happens If You Don’t Submit TVA Data?

Here’s what ASQA has been issuing:

Infringement Notice Under Section 111(2):

• Fine: $19,800
• Due date: Within 28 days of the notice
• If unpaid, civil penalties of up to $198,000 can apply through Federal Court proceedings.

Written Direction Under Section 35A(1):

• ASQA instructs you to submit your outstanding 2024 TVA or NIL return within a fixed window (e.g. 28 Feb 2026).
• If you don’t comply, further enforcement action may be taken.

This is not just a slap on the wrist — it’s a regulatory breach with significant consequences.

Your Step-by-Step Fix: Simplify Your Compliance

Step 1: Appoint the Right Person (or Partner)

If you’re a new or small RTO, don’t try to handle compliance alone.

You need either:

• A dedicated in-house compliance officer, or
• An experienced RTO compliance consultant who manages deadlines, submissions, and reporting for you.

Think of it like having a tax agent for your RTO — someone who knows what’s due, when, and how.

Step 2: Use a Central Compliance Calendar

Create a live calendar with:

• TVA/NIL data deadlines (February and mid-year resubmission windows)
• NCVER and AVETMISS validation windows
• ASQA audit triggers and reporting obligations

Share access with all team members and consultants to stay on track.

Step 3: Validate Your Data Before It’s Too Late

Before submitting TVA to NCVER:

• Revert your student management system back to how it was on 31 December 2024
• Use AVETMISS Validation Software (AVS) to check for errors
• Submit within the window (e.g. 23–30 June) and always confirm acceptance

NCVER provides helpful guides and fact sheets on their website.

Step 4: Keep Documentation (ASQA Loves It)

Even though you don’t need to submit evidence to ASQA when responding to the written direction, you should keep:

• Screenshots of your submission
• AVS validation reports
• A brief summary of who completed the task and when

This shows you’ve addressed the breach — and protects you if compliance history is later reviewed.

FAQs – Frequently Asked (and Searched) Questions

1. What is Total VET Activity (TVA)?

TVA is the national data collection of all enrolments and training delivery for RTOs. You’re required to report every year — even if you’ve had no activity (in which case you must submit a NIL return).

2. What happens if I miss the TVA submission deadline?

You could receive:

• A written direction requiring you to submit it within a specific timeframe
• An infringement notice with a $19,800 fine
• Court proceedings for civil penalties up to $198,000

3. What is a NIL return?

If your RTO had no activity for the calendar year, you must submit a NIL return through NCVER to show this. Not submitting still counts as a breach.

4. Can I ask ASQA to review or withdraw the fine?

Yes. The infringement notice includes options for:

• Requesting a payment plan
• Asking for withdrawal of the notice
• Submitting a reconsideration application (must be done within 30 days)

5. What’s the difference between a Written Direction and an Infringement Notice?

A Written Direction requires you to take corrective action.
An Infringement Notice imposes a monetary fine for the breach.

6. Can I still submit TVA data after the deadline?

Yes — but only during the window ASQA provides. If missed again, the consequences are more severe.

7. What if we updated our student system after 31 December?

You’ll need to revert any changes in your system to how the data was at 31 Dec 2024 before generating your NAT files.

8. Where do I get help submitting TVA data?

Visit NCVER’s website — they offer guides, fact sheets and technical support.

9. Do I need to notify ASQA once I’ve submitted the data?

No. But keep your own evidence in case ASQA requests confirmation later.

Final Thought: Don’t Leave Compliance to Chance

This isn’t about ticking boxes — it’s about building a system that protects your RTO.

If you’re a new provider or don’t have someone managing compliance full-time, we strongly recommend engaging an RTO compliance specialist who can:

✅ Track reporting windows
✅ Submit your data correctly
✅ Handle audit readiness
✅ Protect your registration

 

Need Help Avoiding TVA Fines or Submitting a Review?

We’ve helped many RTOs:

• Submit late data and avoid escalation
• Apply for ASQA reconsideration
• Build internal compliance systems that work

👉 Contact us today or request our “TVA Reporting Readiness Checklist” — a practical resource you can use right now.