The Federal Government has been ordered to release strategic policy advice it was given by senior public servants when it took government in 2013.

The Administrative Appeals Tribunal (AAT) has handed down a ruling following a Freedom of Information battle waged by shadow attorney-general Mark Dreyfus.

Mr Dreyfus had sought access under FOI laws to the incoming government briefs that were handed to Attorney-General George Brandis at the change of government two years ago.

The Attorney-General's department opposed the release of the suite of documents — otherwise known as the Blue Book — arguing public servants should be free to provide frank and fearless advice to incoming ministers in private.

Justice Annabelle Bennett ruled only a small portion of the 2013 Blue Book should be released.

She said part of the Strategic Brief given to Senator Brandis, entitled Setting the Scene, should be made public, together with an Information Brief table of contents.

Mr Dreyfus claimed the ruling as a partial win, but said transparency in government remained inadequate.

"What we have seen from this Government is a very secretive approach to freedom of information, just as we have seen secretiveness in every area of this Government's activities," Mr Dreyfus said.

Under the Rudd government in 2007, there was widespread release of much of the Incoming Government Briefs, but the Abbott government did not follow suit.

In her ruling, which followed a ruling by the Information Commissioner that blocked the release of much of the Blue Book, Justice Bennett agreed with the Attorney-General's department that public interest factors weighed against the disclosure of highly sensitive material.

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The department argued disclosure may reveal the substance of matters to be considered by Cabinet, that diplomatic relations could be jeopardised, and that national security could be placed at risk.

Justice Bennett said in her ruling: "It is important that those preparing an Incoming Government Brief do so without concern as to the consequences of doing so."

Parts of documents should remain confidential

Public Service Commissioner John Lloyd recently described FOI laws as "very pernicious", arguing that expectation by public servants they could be "frank and candid" in their advice was under threat.

But Mr Dreyfus said the Government — in particular Senator Brandis — had played "hardball" on FOI.

"He has effectively refused just about every request I have made under the Freedom of Information Act," he said.

"He has taken matters to the tribunal and in no sense could it be said that he is complying with the spirit of the Freedom of Information legislation, which proceeds on the basis that there is a right to information enjoyed by all Australian citizens.

"This Attorney General has taken the opposite approach."

Senator Brandis declined to comment and said his department made the decision to withhold release of the incoming government briefs.

The Attorney-General's department said in a statement the AAT had acknowledged that some parts of the Blue Book were factual in nature and that access to them should be granted.

"Equally, it recognises that much of the document consists of material that should properly remain confidential," the statement said.

"The Attorney-General's department is considering the implications of the decision and no timeframe has yet been placed on provision of the document to the applicant."

Law firm Maurice Blackburn acted for Mr Dreyfus in the tribunal.