Labor and the Greens are pushing the Berejiklian government to close a “loophole” in the state's freedom-of-information laws that makes it possible for a public servant to direct another official to prevent the disclosure of documents without committing an offence.

Following a referral from the Independent Commission Against Corruption, the state’s Information Commission launched an investigation behind closed doors into the deletion of a record at Transport for NSW to avoid public disclosure 18 months ago.

The Information Commission investigated the deletion of a record at the state's lead transport agency. Credit:Kate Geraghty

In her preliminary report, Information Commissioner Elizabeth Tydd found that if an official who destroys information is unaware it is subject to a freedom-of-information request, the person who directed them to delete that information did not commit an offence.

Labor transport spokeswoman Jodi McKay said the state's Attorney-General needed to at “the very least” close the loophole in the Government Information (Public Access) Act (GIPA).