Gay provocation defence under review
Published Tuesday, 10 January, 2012 at 06:07 PM
Attorney-General, Minister for Local Government and Special Minister of State
The Honourable Paul Lucas
The Queensland Labor Government is already responding to community concerns about the use of the so-called ‘gay panic defence’.
Attorney General Paul Lucas said an expert committee to examine the partial defence of provocation in the context of homosexual advance had been announced on 9 November last year, well before a recent petition on the matter, set up by a Maryborough priest, had started.
“The Queensland Government absolutely abhors any attack on anyone based on their sexual preference,” Mr Lucas said.
“We referred the matter to the Queensland Law Reform Commission in 2008 and made recommended changes in April, 2011 which mean that laws around the use of the partial defence of provocation have been tightened.
“Not only are words alone not enough to use the defence, the onus of proof is on the defendant to prove that they were in fact provoked.
“The legal amendments were not drafted on a whim.
“They were drafted on the basis of the report from the expert Queensland Law Reform Commission.”
Mr Lucas said the case referred to by Father Kelly occurred under the old laws.
Mr Lucas said that there were no known cases in recent times where the new laws had been tested but the Queensland Government had listened to community concerns.
“Well before Father Kelly decided to start his online petition, I had received representations and met a number of representatives of the LGBTI community and as a result have referred the matter to the expert panel for its advice,” he said.
“The reality is that actions speak louder than words.
“Even though the law reform commission recommended no need for further changes, I have set up this expert committee to look at the issue.
“That committee has already met to examine whether we need to change the law.
“You don’t meddle with the Criminal Code lightly. That’s why it’s important to take expert advice and that’s what the Government has done at all stages.
“On the other hand, the LNP goes into parliament and votes en bloc to oppose other equality issues for the gay community such as civil partnerships 30 November, 2011 and same sex surrogacy on 1 June, 2010.”
Media contact: 0439 781 886
Committee members:
Attorney General Paul Lucas said an expert committee to examine the partial defence of provocation in the context of homosexual advance had been announced on 9 November last year, well before a recent petition on the matter, set up by a Maryborough priest, had started.
“The Queensland Government absolutely abhors any attack on anyone based on their sexual preference,” Mr Lucas said.
“We referred the matter to the Queensland Law Reform Commission in 2008 and made recommended changes in April, 2011 which mean that laws around the use of the partial defence of provocation have been tightened.
“Not only are words alone not enough to use the defence, the onus of proof is on the defendant to prove that they were in fact provoked.
“The legal amendments were not drafted on a whim.
“They were drafted on the basis of the report from the expert Queensland Law Reform Commission.”
Mr Lucas said the case referred to by Father Kelly occurred under the old laws.
Mr Lucas said that there were no known cases in recent times where the new laws had been tested but the Queensland Government had listened to community concerns.
“Well before Father Kelly decided to start his online petition, I had received representations and met a number of representatives of the LGBTI community and as a result have referred the matter to the expert panel for its advice,” he said.
“The reality is that actions speak louder than words.
“Even though the law reform commission recommended no need for further changes, I have set up this expert committee to look at the issue.
“That committee has already met to examine whether we need to change the law.
“You don’t meddle with the Criminal Code lightly. That’s why it’s important to take expert advice and that’s what the Government has done at all stages.
“On the other hand, the LNP goes into parliament and votes en bloc to oppose other equality issues for the gay community such as civil partnerships 30 November, 2011 and same sex surrogacy on 1 June, 2010.”
Media contact: 0439 781 886
Committee members:
- The Honourable Justice John Jerrard - former Justice of the Queensland Court of Appeal (Chair of the Working Group)
- John Allen - Public Defender, Legal Aid QLD
- Shelley Argent - National Spokesperson and Queensland President of Parents and Friends of Lesbians and Gays (PFLAG)
- Kevin Cocks - Anti-Discrimination Commissioner, Anti-Discrimination Commission Queensland
- Mark Dixon - A/Assistant Director Serious Crime, Legal Aid QLD
- Bar Association of Queensland (President or Nominee)
- Queensland Law Society Criminal Law Committee Member (President Or Nominee)
- Tony Moynihan, QC - Director of Public Prosecutions, Office of the Director of Public Prosecutions
- Queensland Council for Civil Liberties (President or Nominee)
- Lesbian, Gay, Bisexual and Transgender Legal Service Inc (LGBTI) (Nominee)
- Ross Thompson – Queensland Homicide Victim Support Group
- Aboriginal & Torres Strait Islander Legal Service (QLD) Ltd (Nominee)
- Womens’ Legal Service (Nominee)
- Queensland Aboriginal and Torres Strait Islander Child Protection Peak Ltd (Nominee)
- Lesbian, Gay, Bisexual and Transgender Legal Service Inc (LGBTI) (Nominee)