THE State Government wants an inquiry to urgently consider whether it needs to outlaw the “gay panic defence” for murder, after the High Court decided it could still be used in South Australia.

The High Court on Wednesday ordered Michael Joseph Lindsay to face a retrial over the death of Andrew Negre, 37, in April 2011.

Lindsay appealed against his conviction, which resulted in a 23-year minimum jail term, in the Court of Criminal Appeal. The appeal centred on the accuracy and sufficiency of directions given to the jury on the issue of provocation.

The ruling means SA is one of the only states where the “gay panic defence” — where a nonviolent homosexual advance could be pursued to establish provocation — is able to be considered by a jury.

Gay panic can be used as a partial defence under SA common law which can reduce a charge of murder to manslaughter.

In comparison, self-defence can provide a complete defence to a charge of murder, entitling the accused to a full acquittal without penalty.

Greens MLC Tammy Franks has been lobbying to have SA law changed to remove the gay panic defence but the Government considered it unnecessary, believing a Supreme Court ruling meant it could not be used.

However, now that ruling has been overturned by the High Court, Attorney-General John Rau has asked a State Parliament committee to determine whether it needs to be outlawed “as a matter of urgency”.

“The High Court has said it should be left to the jury to determine whether gay panic does exist,” Mr Rau said.

“I may have to make (legislative change). I’ll (also) be getting advice from the Crown and the Solicitor General about what they think, if anything, we need to do about this.”

Queensland is understood to be the only other state where the gay panic defence can be used but its Parliament is moving to outlaw it, which would leave SA as the only state where it’s allowed.

Ms Franks said she would reintroduce her Bill to outlaw it in Parliament next week and hoped the Government would support it rather than requiring a committee inquiry.

“It basically means that in the SA legal system a man making a pass at another man is so horrific they may panic and kill them,” she said.

“We need to get rid of this homophobia in our legal system. It can only be used when a man makes a pass at another man. It doesn’t count for woman to woman or man to woman.”