OFFICIAL
23 July 2024
John Smith
c/- OpenAustralia Foundation
Right to Know Project
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Freedom of Information (FOI) request – Clarification
On 16 July 2024 Hearing Australia accepted full transfer of your request for access to
documents under the
Freedom of Information Act 1982 (the
FOI Act), originally received by
Services Australia on 1 July 2024.
The purpose of this letter is to contact you to confirm whether the request was intended to be
made under the FOI Act.
1
Scope of request
You have requested access to the following documents:
1.
‘The NALguide Pro in digital format licensed under NALguide Pro.
As listed here:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nal.gov.au%2Fnal_pro
ducts%2Fnalguide-hearing-aid-features-
explained%2F&data=05%7C02%7Cfreedomofinformation%40servicesaustralia.gov.au%7C6df606
07c8c0446e21fb08dc99b8a70f%7C627250e63e294861a084aad68ccfcccc%7C0%7C0%7C63855
4265761378785%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLC
JBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C20000%7C%7C%7C&sdata=HtZRzOCbKYU3XrNez3ATj
51Rss2tkAL2kclmgXOp904%3D&reserved=0.’
2
Requirements
Upon reviewing your request, it is unclear on the facts whether this is a request for the
purposes of the FOI Act, since the request does not explicitly state that it is made
pursuant to the FOI Act.
The FOI Act requires an agency to assist applicants to ensure their request meets the
required formal requirements. Sections 15(2) and 15(2A) of the FOI Act set out the
requirements for a FOI request to be valid under the FOI Act. Notably, s15(2)(aa) of
the FOI Act states that a request must identify in writing that it is made under the
Commonwealth Freedom of Information Act.
To ensure we process your request accurately and in accordance with the appropriate
legislation, we would like to explain the different ways you can request information from
us and seek clarification on what exactly you are seeking.
3
Freedom of Information Act 1982 (FOI Act)
The FOI Act allows individuals to request access to documents held by government
Hearing Australia
Level 5
134 432
National Support Office
16 University Avenue
xxxxxxx@xxxxxxx.xxx.xx
ABN 80 308 797 003
Macquarie University, NSW, 2109
hearing.com.au
OFFICIAL
agencies, including documents containing personal information. These documents can
include information about a particular subject, organisation, or a general matter.
A copy of the FOI Act is available at:
https://www8.austlii.edu.au/cgi-bin/ viewdb/au/
legis/cth/consol_act/foia1982222/. If you are unable to access the legislation through
this website, please contact our office for a copy.
4
Privacy Act 1988
The Privacy Act provides individuals with the right to access their own personal
information held by organisations.
If you are seeking access to your own personal data, this request would be handled
under the
Privacy Act 1988. Please confirm if this is the nature of your request, consult
our Privacy Policy available on our website and specify the personal information you
wish to access.
5
Clarification
To assist us in processing your request appropriately, could you please clarify the
following:
1. Are you seeking access to the entirety of documents listed at 1.1 (
above) pursuant
to the FOI Act? Please define what information it is you are seeking access to with
as much detail as possible;
2. Are you seeking information about a particular subject or a general matter regarding
the NALguide Pro, which NAL’s customer team could assist you with?;
3. Alternatively, are you requesting access to your own personal information held by
Hearing Australia or NAL, which would be processed under the
Privacy Act 1988?;
and
4. The purpose of your request so that we can better understand and fulfill your needs.
This will help us ensure that we provide you with the correct information in
accordance with the relevant legislation.
If your request encompasses both types of information, please specify the distinct parts of
your request that should be treated under each Act.
Please provide this clarification at your earliest convenience so that we may proceed with
assessing your request without delay. If you need any assistance in understanding the
differences between these types of requests, please do not hesitate to contact me.
We look forward to your response.
Yours faithfully,
Matthew de Pree
Privacy Officer xxxxxxx@xxxxxxx.xxx.xx
Hearing Australia
Level 5
134 432
National Support Office
16 University Avenue
xxxxxxx@xxxxxxx.xxx.xx
ABN 80 308 797 003
Macquarie University, NSW, 2109
hearing.com.au
