NSW state MP Gareth Ward has successfully delayed his expulsion from the NSW parliament with last-minute legal action.
The Legislative Assembly was to hear a motion to expel the Kiama MP, with a vote scheduled for tomorrow.
But Ward’s lawyers won an injunction in the Supreme Court last night to put a stop to it.
NSW Premier Chris Minns said this was an “unconscionable situation”.
“It’s an unconscionable situation to have someone who’s currently sitting in jail in Silverwater convicted of serious sexual offences, who is demanding to remain a member of parliament and continue to be paid,” he said.
The government believes it has the right to proceed under the Constitution.
“We say that the court has no jurisdiction to prevent any member of parliament from moving a motion,” local government minister Ron Hoenig said.
In the Court of Appeals today, the state government’s lawyers managed to have a hearing on this moved from Friday to Thursday.
Friday is the last sitting day of this session, meaning the parliament will not be able to vote again for five weeks.
Ward has indicated he will appeal his conviction.
Under changes to the law, that would mean he could remain a paid MP until that process was exhausted.
“The people of Kiama, for example, could be represented by somebody in custody right up until the next election,” Hoenig said.
But parliament can also expel an MP for unworthy conduct, which it is seeking to do.
“We’re not doing this as punishment, we’re doing it to protect the integrity of the legislative assembly,” Minns said.
The state opposition is supporting the government in its fight to expel Ward.
“He should resign and do the decent thing by his constituents and if he won’t do that, to protect the integrity of the parliament, he must be expelled,” Opposition Leader Mark Speakman said.
Ward was found guilty of one count of sexual intercourse without consent and three counts of indecent assault relating to incidents with two young men in 2013 and 2015 in July.
He has yet to be sentenced and still has time to lodge an appeal of his convictions.
He has held the Kiama electorate since 2011, winning three elections under the Liberal banner before securing the 2023 poll as an independent.