Chief Minister Andrew Barr said he had received legal advice after lawyers for Walter Sofronoff KC asked him to make a public statement saying the board of inquiry chair did not breach the Inquiries Act.
Mr Barr said the government would act on the legal advice but he was unable to comment on the matter, saying he was under "strict obligation in relation to a couple of pieces of territory law".
Lawyers for Mr Sofronoff wrote to Mr Barr last month to say their client had not breached the Inquiries Act.
"Our client respectfully suggests that the persistence of criticism of him can serve no good purpose for the government and it has been, and if it persists will continue to be, harmful to him as well as to the interests of the ACT government in dealing with issues facing it," the lawyer's letter said.
The letter said a public statement that Mr Barr was "now satisfied that Mr Sofronoff performed his duties properly and fully" would "put an end to the matter as far as Mr Sofronoff is concerned".
Mr Sofronoff chaired the board of inquiry into the handling of the Parliament House rape trial. He came under fire from the ACT government last month after he revealed he had given the report to two journalists.
Mr Barr had suggested Mr Sofronoff breached his trust and the board of inquiry chair could be referred to the Integrity Commission. The Chief Minister also said he was "concerned" to learn Mr Sofronoff had engaged with journalists through the inquiry.
Mr Sofronoff's lawyers said the Chief Minister should obtain legal advice on the comments he made, saying Mr Barr had made these comments without taking legal advice to see if it was correct.
"Mr Sofronoff suggested I seek legal advice on the matter and the government has done so and we will act on that legal advice. I'm not in a position to say anything further on this," Mr Barr said on Friday.
"I'm not in a position to speculate on that. I think the only observation to make is the matter is before the ACT Supreme Court and we have acted on the advice we have received.
"Mr Sofronoff's lawyers are able to write as many letters as they want. I will act upon my obligations under territory law that relate both to matters of integrity through our Integrity Commission and that relate to matters with the Inquiries Act."
Mr Sofronoff detailed his reasons for giving advanced copies to the journalists in a letter to Mr Barr and ACT Attorney-General Shane Rattenbury.
The correspondence between the ACT government and Mr Sofronoff had been the subject of freedom of information requests, including from The Canberra Times.
A legal representative for Mr Sofronoff said the former Queensland solicitor-general had told the ACT government it should be released and asked for a response by noon on Thursday, but had received no reply.
"As the ACT Chief Minister has not publicly released the correspondence within a reasonable period of time, Mr Sofronoff has asked me to do so," the letter from Mr Sofronoff's lawyer, Glen Cranny, said.
