Kiama MP Gareth Ward was found guilty of sexual assaults against two young men in 2013 and 2015. Photo: Facebook.
Kiama MP Gareth Ward has begun a new legal battle to prevent his expulsion from NSW Parliament.
Ward, who has been convicted of sexual assault against two young men, is in remand awaiting his sentence.
NSW Premier Chris Minns indicated last week he had received specialist legal advice that he would be able to expel Ward from parliament.
In response, Ward successfully applied for a legal injunction from the Supreme Court. The injunction bars the parliament from taking any steps to expel Ward until Friday.
Under Australian law, Ward is entitled to retain his seat until he has exhausted the appeals process or, if the next election is held before that is complete, the people of Kiama vote him out.
The NSW Government however may resolve to expel him, which would result in a by-election for Kiama. There is nothing to prevent Ward from running in that by-election.
Until the NSW Parliament has dealt with the injunction from the Supreme Court they cannot begin that process.
Premier Minns said the government would challenge the injunction as soon as possible.
“The government will seek an urgent hearing in the Supreme Court to have those orders dealt with,” he told Nine Radio on Tuesday (5 August).
“But, we’ve got a week of parliament to sit, and I think that most people would appreciate 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.
“Our lawyers are assessing [it] and worked through the night to try and navigate this genuinely unprecedented situation.”
The Liberal opposition has said they will support the government’s move to expel Ward from parliament; Ward was expelled from the NSW Liberal Party when charges were first brought against him in 2022.
The matter is set to appear in the Supreme Court for instructions on Wednesday (6 August), and for hearing on Friday (8 August).
Hi - the judge has indicated they won't be able to hand down a sentence until later in the year. We… View