A sitting politician in New South Wales, Gareth Ward, has lost a court bid to halt a parliamentary vote aimed at expelling him following his sexual abuse convictions. Ward, 44, who remains the member for the NSW South Coast seat of Kiama, is awaiting sentencing for sexually assaulting an intoxicated political staffer after a midweek event in the state’s parliament in 2015.
The former state families minister was also found guilty of sexually abusing a drunken 18-year-old man at his South Coast home in 2013. The NSW Court of Appeal dismissed Ward’s injunction on Thursday, clearing the way for a parliamentary debate on Friday on whether he should be removed from his position.
Legal Maneuvering and Court’s Decision
The legal tussle began when a Labor-led vote to expel Ward was scheduled for Wednesday but was delayed after Ward sought a court order. Chief Justice Andrew Bell, dismissing the injunction, stated,
“The fact that Mr Ward has filed a notice of intention to appeal does not affect the power of the assembly to expel him.”
The court ordered Ward to cover the assembly’s legal costs, criticizing him for filing the lawsuit without proper notice to his opponents.
Ward’s barrister, Peter King, argued that the expulsion letter from the Labor government referred only to the convictions and lacked a detailed case for expulsion based on “unworthy conduct.” However, the court was not swayed by this argument, with Justice Jeremy Kirk remarking,
“There can’t be any mystery about it: he was tried publicly on an indictment. He, of all people, must know what behaviour led to his conviction.”
Historical Context and Political Implications
Historically, only four MPs have been expelled from the NSW parliament under the “unworthy conduct” provision, the last instance occurring in 1969. The current situation with Ward marks a rare and significant use of this power. If expelled, a by-election will be triggered in the Kiama electorate, which Ward has represented since 2011. Initially elected under the Liberal banner, Ward won the 2023 election as an independent, despite the charges against him and his suspension from parliament.
Opposition Leader Mark Speakman expressed readiness to support the expulsion, stating,
“The Opposition is ready to have Gareth Ward expelled from parliament forthwith.”
With backing from both Labor and coalition leaders, the vote to expel Ward is expected to pass decisively.
Future Prospects and Community Impact
Even if Ward manages to stave off the immediate vote, he faces automatic expulsion if he fails to overturn his convictions on appeal. His barrister criticized the expulsion motion as unlawfully punitive, arguing it would prevent Ward from returning to parliament should he win an appeal. However, lawyers for parliamentary speaker Greg Piper countered that the expulsion was necessary to maintain the trust and confidence of the parliament and the community.
Ward has been remanded in custody ahead of his sentencing. The unfolding events have sparked discussions about the standards of conduct expected from public officials and the mechanisms available for accountability. The outcome of the parliamentary vote and any subsequent by-election will be closely watched, both for its immediate political implications and its broader message about integrity in public office.
For those affected by sexual violence, support is available through services such as 1800 RESPECT at 1800 737 732.
