Queensland is finally moving to strike the 'gay panic' defence from its books, making it one of the last jurisdictions to do so.

The Homosexual Advance Defence, known as HAD or gay panic, has been on Australian law books since the 1990s, as a provocation defence.

Queensland attorney-general Yvette D'Ath says amendment "must strike the right balance between protecting the community while also protecting the rights of the accused". Credit:Glenn Hunt

Because of the mandatory sentencing which accompanies murder charges, provocation is an important defence. Under the Queensland law, which was changed under the Newman government to ensure that words alone did not count to provocation, "unless exceptional circumstances exist", an accused could claim they had experienced temporary insanity after being overwhelmed by a homosexual advance.

It was most famously used in 2010 after two men, accused of murder in Maryborough, claimed they were provoked after their victim made an unwanted advance.