Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Hansard source

The decision to make a public interest immunity exemption was made some time ago. On behalf of the government, I claimed public interest immunity in relation to Sport Australia's legal advice as the release of this advice could prejudice pending legal proceedings. Additionally, it's been the longstanding practice of Australian governments, over many decades on both sides of politics, to not disclose the fact or content of privileged legal advice. This practice has previously been outlined by many colleagues in the chamber, including the Hon. Gareth Evans QC, who said,

Nor is it the practice or has it been the practice over the years for any government to make available legal advice from its legal advisers made in the course of the normal decision making process of government, for good practical reasons associated with good government and also as a matter of fundamental principle.

So in my view my claim of public interest immunity was based on good and sound grounds and a longstanding practice of governments from both persuasions of politics, and the government maintains that it's not in the public interest to depart from this established position; it's integral that privileged legal advice provided to the Commonwealth remains confidential.