A legal maneuver by Gareth Ward, a disgraced Member of Parliament convicted of sexual assault, has delayed his expulsion from the New South Wales Parliament. On Monday, Ward received injunctive orders from the NSW Supreme Court that prevent government officials from proceeding with a motion to remove him from his position. This unexpected decision raises significant questions about the separation of powers in the Australian political system.
Ward, representing Kiama, was sentenced in July 2023 following a conviction for sexual intercourse without consent and three counts of indecent assault. Despite being incarcerated, he continues to receive a salary of $3,350 per week, drawing criticism from various political figures, including NSW Premier Chris Minns.
Legal Challenge and Political Response
The court’s intervention came after a quick hearing that blocked a planned motion from the Labor government, which intended to expel Ward when parliament resumed on Tuesday. The vote was initially scheduled for Wednesday. Premier Minns described the situation as “unconscionable,” expressing disbelief that a convicted sex offender would retain a parliamentary seat and salary while in jail. “Clearly, he’s got no shame,” Minns stated during an interview with Sydney radio 2GB.
The order from the Supreme Court mandates that both sides present their arguments on Friday morning, just before the parliament is set to recess for four weeks. This timing has prompted concerns about the urgency of the matter, as the ability to act may be limited once the recess begins.
Ron Hoenig, the leader of the lower house, has indicated that the government will explore all available options to counter Ward’s legal strategy. He emphasized that the courts do not have the authority to prevent MPs from raising motions under parliamentary privilege. “We are talking about a separation of powers,” Hoenig remarked, acknowledging the complexity of the situation.
Opposition Leader Mark Speakman has called for swift action to facilitate Ward’s removal, stating that each day Ward remains in parliament, taxpayers are burdened with his salary, and the constituents of Kiama are left without representation. Speakman urged Ward’s legal team to encourage him to resign, labeling the current situation as both “wrong” and “offensive.”
Background on Gareth Ward’s Conviction
Ward’s legal troubles stem from two separate incidents. In one case, he was convicted for sexually assaulting an intoxicated political staffer at NSW Parliament House in 2015. The other involved the sexual abuse of an 18-year-old man at his home in 2013. Following his arrest, Ward was suspended from parliament for a year but later returned as an independent candidate, winning the 2023 election after leaving the Liberal Party.
Having represented Kiama since 2011, Ward’s political career has been marred by these serious allegations and his subsequent conviction. As he awaits sentencing, the implications of his legal status on his parliamentary role continue to unfold, prompting discussions about accountability and governance in Australian politics.
The unfolding situation not only highlights the complexities of legal and political intersections but also raises broader questions about the responsibilities of elected officials and the rights of constituents. As the court prepares to deliberate on the matter, the outcome will undoubtedly have lasting repercussions for both Ward and the broader political landscape in New South Wales.
