The NSW Information Commissioner has recommended that Transport for NSW reconsider its decision not to publicly release the Maldon-Dombarton business case.

In a damning assessment of the Transport for NSW decision not to publicly release the business case, the NSW Information Commissioner, in a review of the Government Information (Public Access) Act 2009 request by Member for Wollongong Paul Scully, has recommended that Transport for NSW make a new decision.

On each of the categories within the GIPA Act that Transport for NSW relied on as the basis for refusing to release the Maldon-Dombarton business case to Mr Scully, the NSW Information Commissioner concluded that she was “…not satisfied the Agency has justified its use of this consideration” on seven separate occasions.

Mr Scully requested that the NSW Information Commissioner review the Transport for NSW GIPA Act decision on 16 October 2017.

He said that the Transport for NSW decision to refuse the release of the business case for Maldon-Dombarton was based on “substantially out of date” information and that “much of the costing and cost-benefit ratio…have been widely canvassed publicly in media reports, as well as the Infrastructure Australia assessment, published on the 9 February 2017.”

Transport for NSW in its decision to refuse release of the business case dated 13 October 2017 told Mr Scully that it had done so on the basis that provision of the information would prejudice commercial-in-confidence dealings with third-parties and “…sensitive information such as construction cost estimates for the Maldon-Dombarton rail line…”

The NSW Information Commissioner intends to publish its full decision on its website soon and asked Mr Scully to provide consent, which he did on 17 January 2017.

Transport for NSW must now make a new decision in relation to each of the identified public interest considerations against disclosure of the Maldon-Dombarton business case.

Comments attributable to Paul Scully MP:

“I’m very pleased with the decision of the NSW Information Commissioner.

“Taxpayers have paid for this business case and they should be allowed to see it warts and all.

“I have never understood why the NSW Government needs to be so secretive about the handling of this project.

“Unless there really is something that is so murky and embarrassing for the Government that it just doesn’t want us to know.

“It is time there was a clear and transparent process for analysis of the Maldon-Dombarton rail line project.”