The due diligence report constitutes legal advice. The government did not claim public interest immunity on the basis of legal professional privilege, but on that basis there is public interest in the government's legal advice remaining confidential. This is based on the longstanding practice of successive Australian governments. There is a significant public interest in government having access to confidential legal advice for the purposes of policy development and decision-making. The government sees no reason to depart from this principle in this case.