Gladys Berejiklian's administration has developed a reputation for misapplying the law on access to information in cases where the government is at risk of embarrassment. Credit:AAP

Greens MP David Shoebridge sought a copy of the final and draft reports under the Government Information (Public Access) Act in February, having had an earlier GIPA request knocked back in July last year. When it was refused, Shoebridge appealed to NCAT. The education department released the ARTD report in March and decided to give Shoebridge a redacted version of the draft. Since then it has gradually been forced to redact less and less of the draft report.

On Monday NCAT delivered the final blow, ordering the release of a final line of information. The department had argued that it was exempt from release as it contained "personal and business information of a third party". The episode provides an important insight into how government departments are deciding whether or not they need to release information under the GIPA Act. Put bluntly, it is confirmation that they are misapplying the law, which conveniently delays release of documents in cases that have the capacity to embarrass the government.

A similar case emerged in mid-September when NCAT found in favour of an application by Labor's leader in the upper house, Adam Searle. Searle had applied for the release of documents that recorded details of "health checks" done on the progress of the $2.1 billion CBD and South East light rail project. This is the project that got Premier Gladys Berejiklian in hot water after the auditor general's report showed that as transport minister she had given incorrect reasons for a $549 million cost blowout.

The department refused, arguing the documents contained cabinet information and were therefore exempt from release under the GIPA Act. NCAT, however, ordered the release of some of the documents to Searle. In a likely reflection of how sensitive the issue is now that Berejiklian is Premier, the government has appealed the decision to the full bench.