Jailed NSW MP Gareth Ward has resigned from the State Parliament, triggering a by-election in the NSW seat of Kiama.
It comes less than 24 hours after the NSW Supreme Court ruled to allow a vote in Parliament to expel him.
Moments before the vote was scheduled at 10:30am (AEST), lower house speaker Greg Piper confirmed Ward had submitted his resignation, effective immediately, just after 9am.
Ward was found guilty of four sexual assault offences last month. He is being held in prison while awaiting sentencing, and plans to appeal.
Background
Ward was first elected to State Parliament in 2011, and was a Minister in the previous Coalition Government.
Ward left the party when historic sexual abuse allegations against him surfaced four years ago.
He was re-elected as an independent for the seat of Kiama in 2023.
Last month, Ward was found guilty of three counts of indecent assault and one count of sexual intercourse without consent against two men aged 18 and 24 at the time.
Parliament vote
MPs aren’t automatically dismissed if criminal charges are laid against them.
Parliament can pass a rare motion to expel a member if their behaviour would bring the houses into “disrepute”. This hasn’t been done since 1969.
Both Labor and the Coalition urged Ward to resign on his own terms.
Ward, who is currently in custody, told his lawyers to apply to the NSW Supreme Court to delay a vote on his expulsion.
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Court
On Monday, the court granted a temporary order to prevent the expulsion vote from going ahead.
While the Supreme Court’s powers over Parliament’s business could be contested, the Government said it had chosen to “respect” the will of the court.
The Government appealed and the court allowed for an urgent hearing on Thursday.
Ward’s lawyers argued the Parliament couldn’t remove him while he was still awaiting sentence and appeal.
Resignation
On Thursday, the Supreme Court rejected Ward’s lawyers arguments, allowing the vote to go ahead.
Part of Ward’s lawyers’ argument was that he wouldn’t have an opportunity to respond to the motion in Parliament.
The vote of expulsion was due to go ahead at 10:30am on Friday.
However, lower house speaker Greg Piper confirmed Ward had submitted his resignation ahead of the motion.
After Ward’s resignation, NSW lower house leader Ron Hoenig said: “Not in 107 years has this house been required to expel a member.”
“The fact that we were about to make such a determination is a pretty shameful exercise and should have been done [by Ward] following the [guilty] verdict,” Hoenig added.
After yesterday’s court ruling, Liberal leader Mark Speakman said the Opposition was “ready to have Gareth Ward expelled from Parliament forthwith”.
A by-election will be called in the electorate of Kiama.
