The provoking operation of provocation: Stage 2

Abstract

In February 2015, the then Attorney-General of South Australia, the Hon John Rau MP, asked the South Australian Law Reform Institute to review legislative or regulatory discrimination against individuals and families on the grounds of sexual orientation, gender, gender identity, or intersex status. This review identified the contentious ‘gay panic’ or homosexual advance’ aspect of the partial defence of provocation to murder. Further examination of this aspect of provocation gave rise to wider issues including the role and retention of the partial defence of provocation and sentencing, gender and family violence implications. On 4 March 2017, the Attorney-General agreed that the South Australian Law Reform Institute should consider the wider issues.