Can Gareth Ward remain Member for Kiama from jail? Maybe. Photo: Facebook.
Kiama MP and convicted sex offender Gareth Ward has been taken into custody – but what does that mean for his electorate?
At this stage it’s anyone’s guess.
There is no precedent in NSW of a sitting member being found guilty of the same charges as Ward.
The NSW constitution contains provisions for expelling sitting members convicted of an “infamous crime” — that is an offence that carries a maximum sentence of more than five years.
It has been used sparingly over the past 200 years.
The exact definition of an “infamous crime” is unclear, but in practice it is most often an act that brings the parliament into disrepute, a standard Ward’s offences would likely meet.
Region asked specialist criminal lawyer Andrew Tiedt about what might happen next.
“The Legislative Assembly can expel someone who is ‘adjudged by the House guilty of conduct unworthy of a Member of Parliament,'” he said.
“If the member is expelled, the seat is declared vacant, and a by-election would need to be held.”
If Ward were expelled from parliament, however, there is nothing to prevent him from standing for his seat again.
Several parliamentarians expelled in the past have done so successfully – although not from the confines of prison.
Ward and his representation have accepted he is likely to face a custodial sentence, which could make running for election difficult.
That’s not the only consideration, however. Under another interpretation of the legislation Ward is eligible to retain his seat until he has exhausted the appeals process.
“Section 13A of the NSW constitution states that a member’s seat becomes vacant if that member is convicted of an offence punishable by imprisonment for five years or more,” Mr Tiedt said.
“However, it also states that the member is permitted to exhaust his appeals before the seat becomes vacant.
“Realistically, this could easily extend until the next election, due to take place in March 2027.
“I am not aware of any rule or law that would prevent him running again.”
NSW Premier Chris Minns said the government obtained legal advice that the Lower House had the power to remove Ward from parliament, even with an appeal pending.
He said the parliament would move to expel Ward when it sits next week.
Ward could cut all the speculation short by choosing to step down, but given his staunch denial of any wrongdoing and determination to retain his position since charges were first brought against him in 2022, it would be a surprising move.
If he doesn’t, it’s likely the ultimate decision of whether a person in NSW can be a convicted sex offender and Member of Parliament will be in the hands of the Kiama electorate.
