NSW politician Gareth Ward, 44, who is currently facing sexual assault convictions, has lost his legal attempt to prevent an imminent vote for his expulsion from parliament. Ward, representing Kiama on the South Coast of New South Wales, awaits sentencing for sexually assaulting a political staffer in 2015 after a parliamentary event, as well as for abusing an 18-year-old at his home in 2013.
A Labour-led initiative to expel Ward was initially delayed following a court order at his request. However, the NSW Court of Appeal dismissed this injunction, allowing the parliamentary vote to proceed. Chief Justice Andrew Bell clarified that Ward’s intention to appeal his convictions does not impede the parliament’s authority to expel him. The court also ordered Ward to bear the legal costs due to his lack of proper notification to the assembly regarding his legal challenge.
During earlier court proceedings, Ward’s lawyer contended that the Labour government’s communication regarding the expulsion only cited his convictions and did not substantiate a case of “unworthy conduct,” which is the basis for his potential removal. However, Chief Justice Bell questioned whether the convictions themselves were not sufficient proof of unworthy conduct.
Historically, four members have been expelled under the “unworthy conduct” clause in NSW parliament since 1969. The judges remarked that Ward’s public trial and convictions left little room for ambiguity about the behaviour that led to his legal issues. Should he fail to overturn his convictions on appeal, he faces automatic expulsion.
Ward’s barrister labelled the expulsion proposal as unduly punitive, arguing it could deny him a chance to return to parliament if he successfully appeals. However, legal representatives for the parliamentary speaker countered that the move aims to uphold public trust in the assembly, asserting that Ward received ample opportunity to defend against the expulsion proceedings.
If the vote to expel Ward succeeds, a by-election will be triggered in Kiama, a seat he has held since 2011. Initially elected as a Liberal, he won the 2023 election as an independent despite ongoing legal troubles and has been suspended from parliament since the charges were made public. With strong backing from Labour and coalition leadership, the vote for his expulsion is expected to pass, as indicated by Opposition Leader Mark Speakman’s statement urging swift action. Currently, Ward is in custody as he awaits sentencing for his sexual assault convictions.
For those needing support, resources include the National Sexual Assault Helpline at 1800 737 732 and the National Sexual Abuse and Redress Support Service at 1800 211 028.