Partial defence of provocation (Inquiry)

This inquiry is a current Legislative Council inquiry conducted by the Provocation Committee.   This Committee was established on 14 June 2012 to inquire into and report on: the retention of the partial defence of provocation including abolishing the defence or amending the defence in light of proporsals in other jurisdictions; the adequacy of the defence of self-defence for victims of prolonged domestic and sexual violence; and any other matters.

The submission period closed on Friday 24 August 2012. The Committee held three public hearings on 28 and 29 August and 21 September 2012.

The timeline for this Inquiry has been extended. The Committee's report is due to be tabled no later than 2 May 2013.
If you have any further enquiries please contact the Secretariat on 9230 3504.

Legislative Council Report Debate 30 April 2013,
Legislative Council Report Debate 7 May 2013
Legislative Council Report Debate 21 May 2013
Legislative Council Report Debate 28 May 2013

Timeline (click to show)

Referred: 14 Jun 2012
    » Call for submissions: 22 Jun 2012
    » Submissions close: 24 Aug 2012
        » Final Report Due: 2 May 2013
        » Final Report Published: 23 Apr 2013

Reports and Government Responses (click to show)

DateName of Document
23/04/2013The partial defence of provocation (Final Report)

Hearings and Transcripts (click to show)

DateName of Document
28/08/2012Public Hearing - # 1
29/08/2012Public Hearing - # 2
21/09/2012Public Hearing - # 3

Submissions (click to show)

View the public submission(s) published by the committee in relation to this inquiry.

The closing date for submissions was 24 August 2012

Other Documents (click to show)

DateType of Document
22/06/2012Media release: Announcing commencement of Inquiry
04/07/2012Briefing paper
28/08/2012Answers to Questions on Notice, Supplementary Questions on Notice and responses to Options Paper: Mr Daniel Stubbs, Centre Director, Inner City Legal Centre
28/08/2012Answers to Questions on Notice: Mr Graeme Coss, Senior Lecturer, Sydney University Law School
28/08/2012Answers to Questions on Notice and Supplementary Questions on Notice: Deputy Commissioner Nick Kaldas APM, NSW Police Force
28/08/2012Answers to Questions on Notice, Supplementary Questions on Notice and responses to Options Paper: Ms Liz Snell, Law Reform and Policy Co-ordinator, Women's Legal Services NSW
28/08/2012Answers to Questions on Notice and Supplementary Questions on Notice: Ms Maura Boland, Deputy Director General, Strategy and Policy, Family and Community Services
28/08/2012Answers to Questions on Notice and Supplementary Questions on Notice: Ms Betty Green, Convenor, NSW Domestic Violence Coalition
28/08/2012Answers to Questions on Notice: Ms Dina Yehia SC, Public Defender, Public Defenders Office
28/08/2012Answers to Supplementary Questions on Notice: Mr John McKenzie, Chief Legal Officer, Aboriginal Legal Service (NSW/ACT) Ltd.
28/08/2012Answers to Questions on Notice: Dr Kate fitz-Gibbon, Lecturer in Criminology, Deakin University School of Humanities and Social Sciences
28/08/2012Answers to Questions on Notice, Supplementary Questions on Notice and responses to Options Paper: Dr Justin Koonin, Co-Convenor, NSW Gay and Lesbian Rights Lobby
29/08/2012Tabled document: Mr Lloyd Babb SC, Criminal Trial Courts Bench Book  - suggested directions to jury on the defence of provocation
29/08/2012Answers to Questions on Notice: Mr Phil Cleary
29/08/2012Answers to Questions on Notice and Supplementary Questions on Notice: Mr Lloyd Babb SC, Director of Public Prosecutions, Office of the Director of Public Prosecutions (NSW)
29/08/2012Answers to Questions on Notice and Supplementary Questions on Notice: Ms Penny Musgrave, Director, Criminal Law Review Division, Department of Attorney General and Jusice
29/08/2012Answers to Questions on Notice: A/Prof Thomas Crofts and Dr Arlie Loughnan, University of Sydney Law School
29/08/2012Answers to Questions on Notice: The Hon James Wood AO QC, Chairperson, NSW Law Reform Commission
29/08/2012Answers to Questions on Notice, Supplementary Questions on Notice and responses to Options Paper: Mr Bernard Coles QC, President, Bar Association of NSW
29/08/2012Answers to Supplementary Questions on Notice: Ms Martha Jabour, Executive Director, Homicide Victims Support Group
29/08/2012Answers to Questions on Notice and Supplementary Questions on Notice: Mr Justin Dowd, President, NSW Law Society
29/08/2012Response to Options Paper: Mr Phil Cleary
21/09/2012Answers to Questions on Notice and response to Options Paper: Mr Cameron Murphy, President, NSW Council for Civil Liberties Inc.
21/09/2012Options Paper
21/09/2012Answers to Questions on Notice: Ms Susan Smith, Solicitor/Coordinator, Redfern Legal Centre and Sydney Women's Domestic Violence Court Advocacy Service
21/09/2012Answers to Supplementary Questions on Notice: Mrs Susan Smith, Solicitor/Coordinator, Redfern Legal Centre and Sydney Women's Domestic Violence Court Advocacy Service
04/10/2012Response to Options Paper: Mr Lloyd Babb SC, Director of Public Prosecutions, Office of the Director of Public Prosecutions (NSW)
04/10/2012Response to Options Paper: Mr Graeme Coss, Senior Lecturer, Sydney University Law School
04/10/2012Response to Options Paper: Professor Julie Stubbs, University of NSW, Faculty of Law
04/10/2012Responses to Options Paper: Ms Dina Yehia SC, Public Defender, Public Defenders Office
04/10/2012Response to Options Paper: A/Professor Thomas Crofts and Dr Arlie Loughnan, University of Sydney Law School
04/10/2012Response to Options Paper: Mr Justin Dowd, President, Law Society of NSW
05/10/2012Response to Options Paper: Dr Kate Fitz-Gibbon, Lecturer in Criminology, Deakin University School of Humanities and Social Sciences
08/10/2012Response to Options Paper: Ms Betty Green, Convenor, NSW Domestic Violence Committee Coalition
10/10/2012Response to Options Paper: Ms Martha Jabour, Executive Director, Homicide Victims Support Group (Australia) Inc.
18/10/2012Response to Options Paper: Mr John McKenzie, Chief Legal Officer, Aboriginal Legal Service (NSW/ACT) Ltd.
14/11/2012Media Release: Extension of reporting deadline
20/02/2013Media release: Extension of reporting deadline
23/04/2013Media release: Release of the report

Contact Us (click to show)

Inquiry Terms of Reference (click to show)

Resolution passed 14 June 2012, LC Minutes 92, Item 10 page 1062.

Terms of reference.pdfTerms of reference.pdf